Encyclopedia of Fire Safety

Is it possible to pay less than the minimum wage? Can an employee’s salary be less than the minimum wage? When is a salary below the minimum wage legal?

From May 1, 2018, the minimum wage increased to 11,163 rubles and became equal to the subsistence level. Now workers' wages cannot be less than this amount. What's the reality?

Increase in "budget"

According to statistics, about 1.6 million public sector workers received wages below the subsistence level.

By Government Order No. 440-r dated March 16, 2018, allocations of 20 billion rubles were allocated to provide subsidies to the budgets of constituent entities of the Russian Federation to compensate for additional costs for increasing wages for public sector workers in connection with the increase in the minimum wage from May 1.

In addition, by Order No. 780-r dated April 27, 2018, allocations in the amount of 16.3 billion rubles are allocated from the Government reserve fund to provide subsidies to the budgets of constituent entities of the Russian Federation for partial compensation of additional costs for the payment of regional wage coefficients and percentage bonuses established at the federal level and to increase wages for public sector employees in connection with an increase in the minimum wage.

"Never before Russian Federation there was no such increase in wages for certain categories in the public sector,” said the head of the Ministry of Labor, Maxim Topilin.

Promotion in commerce

Commercial firms must independently find funds to bring the salaries of their employees up to the federal minimum wage. Note that employers from some regions will not have to fuss because of the new federal minimum wage. They need to focus on the regional “minimum wage”, which is higher than the federal one.

For example, in Moscow the minimum wage is 18,742 rubles, in the Moscow region - 13,750, in St. Petersburg - 17,000, in the Leningrad region - 11,400 rubles. In addition, the regional minimum wage is higher than the all-Russian minimum wage in such regions as the Tula region, the Magadan region, and the Kamchatka Territory.

Let us remind you that in the northern regions the “minimum wage” should be increased by the regional coefficient.

Those employers who paid employees less than the minimum wage before May 1 need to review payments and make changes to employment contracts.

As preliminary results show, which is carried out on our website, 30% of employers carried out an increase. By the way, the majority (45%) already paid their employees more than 11,163 rubles.

Non-promotion in "commerce"

Meanwhile, 25% of the employers we surveyed took a different route. They raised wages without raising them.

As is known, according to Art. 133 of the Labor Code should be paid no less than the minimum wage to those employees who have fully worked their normal working hours. If an employee works part-time work time, then his salary is paid proportionally.

For example, until May 1, 2018, employee Ivanov received a salary in the amount of the minimum wage in the amount of 9,489 rubles.

From May 1, with an 8-hour working day on a standard five-day week, his salary cannot be lower than 11,163 rubles. However, the employer, simultaneously with increasing the salary to the new minimum wage, transfers the employee to part-time work, formally complying with the Labor Code norms.

9489/11163*8=6.8 hours or 0.85 rate.

Thus, if you shorten an employee’s working day by 1 hour, making it 7 hours, then you can pay Ivanov not 11163, but 9767.63 (11163/8*7).

Let us note that the reasons for such a change in working hours at the initiative of the employer are limited by the provisions of Art. 74 TK.

However, the employee himself can take the initiative. If employees suddenly decide to switch to part-time work starting in May 2018, declaring this in writing, the employer has the right to grant their request.

What threatens employers

For paying wages below the minimum wage, those who have worked the monthly norm are subject to a fine.

Fines for this case are prescribed in Part 6 of Art. 5.27 of the Administrative Code and are:

  • for legal entities - from 30 to 50 thousand rubles;
  • for officials - from 10 to 20 thousand rubles;
  • for individual entrepreneurs - from 1 to 5 thousand rubles.
It should be noted that recently regulatory authorities have been paying a lot of attention to the work on legalizing wages. Under the leadership of the Ministry of Labor, interdepartmental commissions have been created in each subject of the Russian Federation to coordinate activities and monitor the situation to reduce informal employment, legalize “gray” wages and increase the collection of insurance premiums

In addition, for example, labor inspectors receive data on employers who charge contributions from wages calculated below the minimum wage.

The Pension Fund of citizens provides information about employers who offer to receive part of their salary “in an envelope.”

Tax officials, based on a number of characteristics of a company with gray salaries. For example, their attention will be sharpened if they notice that an employee’s salary at a new place of work is lower than at the previous one (according to 2-NDFL certificates), that is, he changed jobs on less favorable conditions.

The employer, who is a tax agent in relation to the hired persons, must withhold tax from payments and transfer them to the budget. The personal income tax rate for Russian residents is 13%. The question arises: should the minimum wage level be maintained before or after the deduction of personal income tax? In other words, is it possible to give an employee an amount less than the minimum wage per month for the amount of tax? According to the law, an individual’s income tax is calculated on the amount of salary that the employer accrued to him. And even if the “minimum wage” is charged, this does not exempt you from paying personal income tax. Therefore, the employee will receive an amount reduced by the amount of tax. How not to make a mistake when calculating your salary First of all, you need to check whether the region has established its own minimum wage level. If established, then the salary for a fully worked temporary norm should not be less than this value.

What to do if the salary is below the minimum wage

Personal income tax. Legalization commissions have been created to work with such employers tax base. When can you pay a salary less than the minimum wage? legally This is possible if the employee works part-time and this fact (indicating working days and hours) is recorded in employment contract or an additional agreement to it (Article 93 of the Labor Code of the Russian Federation). After all, wages are paid for the time actually worked, and if an employee works part-time, then the amount due to him may be less than the minimum wage.
Having brought the salary in line with the federal minimum wage, do not forget about the regional one. If in the constituent entity of the Russian Federation in which the employer operates, a special agreement has established the size of the regional minimum wage, then the salary of employees should not be less than this exact amount (Article 133.1 of the Labor Code of the Russian Federation).

Can the salary be less than the minimum wage in 2018?

Some constituent entities of the Russian Federation set minimum wages higher than in Russia as a whole. This value cannot be lower due to direct instructions in the law. Therefore, if there is a regional agreement on the minimum wage, it must be applied.


Since many are interested in the question of how to draw up a sample order to increase the minimum wage from May 1, 2018, we note the following:
  • there is no strictly defined form for such a document;
  • the order must meet the established requirements for documents of this type - that is, have a serial number, date and place of preparation, basis, essence, signature responsible person, signature of an employee familiar with the contents of the document.

It is usually printed on company letterhead. Must sign the order CEO or other authorized official.

The procedure for additional payment before the minimum wage in 2018 (nuances)

This also needs to be indicated in the explanations. And yet, can the salary or salary be less than the minimum wage? Let's consider options when an employee can receive less than the minimum wage or his salary is less (which is not the same thing):

  1. The salary may be less than the regional figure if the organization has not joined the regional agreement in accordance with Art. 133.1 of the Labor Code of the Russian Federation (i.e., within 30 days after publication of the proposal, it sent objections).
  2. An employee's salary (fixed payment per month) can be less than the minimum wage only in 1 case: if the employee receives incentive payments, compensation and allowances in addition to it (confirmed by the decision of the RF Armed Forces dated August 30, 2013 No. 93-KGPR13-2). However, regional coefficients should not be included in these categories.

Sample order for a salary increase in connection with the increase in minimum wage in 2018

Attention

When the salary is less than the “minimum wage” The Labor Code makes a reservation: it is unacceptable to pay an individual a salary lower minimum value in the event that he conscientiously works out the time limit assigned to him. In other words, if an employee works 5 days a week full time and fulfills his job responsibilities, he must receive payment of at least the minimum amount. Can the salary be less than the minimum wage for part-time work? Absolutely yes.


Individuals who work a reduced schedule, such as a few days a week or 3-4 hours daily, may receive less than the minimum wage. At the same time, the proportions must be maintained, that is, for half the working time, the employee must receive at least half of the minimum wage in force in the region. Is tax taken into account? As you know, employee income is subject to personal income tax.

Why is the salary below the minimum wage?

Accordingly, if any of your employees receives a salary (salary + compensation/incentive payments) less than this amount, then his salary needs to be increased. Keep in mind that from 05/01/2018 the minimum wage will increase to 11,163 rubles. ( the federal law dated 03/07/2018 No. 41-FZ). What are the consequences of paying wages below the minimum wage? If an employer pays its employees wages below the established federal wage, then if labor inspectors detect this fact the employer faces a fine (part.
6 tbsp. 5.27 Code of Administrative Offenses of the Russian Federation):

  • if the employer is a legal entity, then in the amount of 30,000 rubles. up to 50,000 rub. for the organization itself and from 10,000 rubles. up to 20,000 rub. for its officials;
  • if the employer is an individual entrepreneur, then in the amount of 1000 rubles. up to 5000 rub.

In addition, tax authorities are interested in employers who pay wages below the established threshold, because

When the salary can be lower than the minimum wage. explanations from Rostrud

True, if the employer does not want to join this agreement, then he has the right to issue a written refusal to join. Those who did not write such a refusal are considered to have automatically joined the regional agreement. Consequently, if they pay wages below the regional minimum wage, these employers face the same sanctions as if they pay wages below the federal minimum wage.

The minimum wage is not equal to the subsistence minimum. The Labor Code establishes that the minimum wage cannot be lower than the subsistence minimum established for the working population (Article 133 of the Labor Code of the Russian Federation). This rule may cause confusion among employers. After all, the cost of living is always greater than the minimum wage (for example, the minimum wage as of July 1, 2017 was 7,800 rubles.

(Article 1 of the Federal Law of December 19, 2016 N 460-FZ), and the cost of living for the working population for the third quarter of 2017 was more than 11 thousand.

Ordinary Russians lost out from the minimum wage increase

Check employee salaries with the new minimum wage. From 05/01/2018, the federal minimum wage will be 11,163 rubles, which is 1,674 rubles more than now. This means that employers who pay their employees at the minimum wage must raise their wages from May 1.< … Онлайн-ККТ: кому можно не торопиться с покупкой кассы Отдельные представители бизнеса могут не применять онлайн-ККТ до 01.07.2019 года.

However, for the application of this deferment there are a number of conditions (tax regime, type of activity, presence/absence of employees). So who has the right to work without a cash register until the middle of next year?< … Главная → Бухгалтерские консультации → Оплата труда Актуально на: 7 марта 2018 г. Зарплата работника, полностью отработавшего свою норму рабочего времени за месяц, не может быть меньше федерального минимального размера оплаты труда (ст. 133 ТК РФ).

Does increasing the minimum wage affect the salaries of public sector employees?

In this regard, many employers are asking questions: what to do if the salary is below the minimum wage, and can the salary be below the minimum wage? The salary may be less than the minimum wage. After all, the salary includes not only the salary itself, but also compensation payments(for example, various allowances for working conditions), as well as incentive payments (for example, bonuses) (Article 129 of the Labor Code of the Russian Federation). Therefore, if for a month an employee receives, taking into account all allowances and incentives, an amount greater than or equal to the minimum wage, then neither the labor inspectors nor the employees should have any questions for you. It is important to note that if, after withholding personal income tax from the income due to the employee, he receives an amount less than the minimum wage, then this does not threaten the employer. Additional payment up to the minimum wage If the employee’s salary is still less than the minimum wage, it is necessary to make an additional payment up to the minimum wage. From January 1, 2018, the minimum wage is 9,489 rubles. (Article 3 of Federal Law No. 421-FZ dated December 28, 2017).

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  • the organization will be fined from 30,000 to 50,000 rubles;
  • the manager will be fined in the amount of 10,000 rubles. up to 20,000 rub.

If the law is violated a second time, the fine will be increased, and the manager may face disqualification. For a repeated violation in 2017, the following liability is provided (Part 7, Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

  • the organization will be fined from 50,000 to 100,000 rubles;
  • the manager will be fined in the amount of 20,000 to 30,000 rubles. or disqualified for a period of one to three years.

In addition, an employee who was not paid the minimum guaranteed salary may require additional payment for the entire period and compensation for delayed payment (Article 236 of the Labor Code of the Russian Federation).
The photo below shows a sample order to increase an employee’s salary to the minimum wage level from January 1, 2018. An editable version of the document can be downloaded from the link. What else is required from the employer? Responsibility for wages below the minimum wage For an employer who has not issued an order to increase wages to employees to the level of the minimum wage, adverse consequences may occur.


Info

An employee has the right to apply for protection of his interests to the State Labor Inspectorate or to court. It does not matter where he works - for the Ministry of Internal Affairs or for a private entrepreneur. Administrative liability arises under Art. 5.27 Code of Administrative Offenses of the Russian Federation.


Part 6 is directly devoted to wages below the minimum wage. The sanction of the article implies a warning or fine:
  • for a manager – 10-20 thousand rubles;
  • for individual entrepreneurs - 1.5 thousand rubles;
  • for an organization – 30-50 thousand.

The question of whether the salary can be less than the minimum wage in 2019 is relevant for both many workers and employers. After all, current legislation provides a large number of guarantees for workers, including the prohibition of receiving wages less than the minimum wage. However, there are a number of situations in which paying an employee less than the minimum wage is not prohibited - and they should also be kept in mind by each party to the labor relationship.

Can a salary be less than the minimum wage in 2019 - laws and legal norms

The current legislation in matters of ensuring guarantees for workers relies primarily on the provisions of the Constitution. The right to decent work and to receive a salary not lower than the minimum established by law is enshrined in the provisions of Article 37 of the Constitution of the Russian Federation, and is fundamental - both for citizens of Russia and for foreigners and stateless persons working on Russian territory. However, the Constitution does not contain direct mechanisms legal regulation the issues it considers.

Therefore, if you want to find out whether the salary can be less than the minimum wage in 2019, you should first familiarize yourself with the provisions of the following regulatory documents and acts:

  • Art. 2 Labor Code of the Russian Federation. Its provisions secure the right of every worker to receive a salary in accordance with the established minimum wage.
  • Art. 130 Labor Code of the Russian Federation. The standards set out in this article give the state the right to regulate social guarantees for workers, including in matters of establishing a unified federal minimum wage.
  • Art. 133 Labor Code of the Russian Federation. It enshrines in its provisions the principles by which the minimum wage is established. Including the fact that the minimum wage, below which an employee’s salary cannot fall, is regulated by separate federal laws.
  • Art. 133.1 Labor Code of the Russian Federation. This article regulates issues related to the minimum wage in certain constituent entities of the Russian Federation - in the territory different regions the minimum allowable salary may be higher than that adopted at the federal level.
  • Federal Law No. 82 dated June 19, 2000. This Federal Law is the main normative document, which establishes a specific minimum wage throughout the Russian Federation.

It should be remembered that the minimum wage changes regularly. So, in 2019, from January 1, the minimum wage is 11,280 rubles.

Based on the provisions of the above documents, the opinion may arise that a salary less than the minimum wage in 2019 is unacceptable, but this is not the case.

When can a salary be less than the minimum wage?

Before directly considering situations related to wages less than the minimum wage, we should consider the concept of wages itself. Current legislation and the provisions of Article 129 of the Labor Code of the Russian Federation define the very concept of salary as remuneration for work, which includes both the main part in the form of salary or tariff rate, as well as additional compensation or incentive payments. At the same time, the requirement to pay wages not lower than the minimum wage is legally established.

The salary is only a component of the salary. Therefore, a salary below the minimum wage in 2019 is absolutely acceptable for employers or employees if the actual salary exceeds the minimum wage - for example, if the employee receives a compensatory or incentive payment up to the minimum wage on a monthly basis.

However, the quantity possible cases, in which the salary as a whole may be less than the minimum wage, is quite large. In particular, these include the following situations:

  • Deduction from salary . The legislator requires the employer to comply with the minimum wage actually accrued to the employee - it cannot be lower than this level. However, the employer is the tax agent of each of his employees and withdraws personal income tax from the salary. In this case, in the end, the employee may receive an amount that is less than the minimum wage - and in this case there is no violation of the current legislation.
  • . If deductions are made from an employee’s salary - according to the writ of execution, due to financial liability before the employer to pay alimony, the final amount he receives may be much lower than the minimum wage. However, this situation is also not a violation of the law if the total amount of wages accrued to the employee was initially at the stipulated level.
  • The employer's refusal to join regional agreements. If the salary is not lower than the minimum wage at the federal level, but lower than the minimum wage provided for by regional legislation, this situation may be acceptable if the employer has properly refused to comply with regional agreements and justified his refusal. However, this requires quite a lot of procedural costs on the part of the employer itself and can ultimately lead to conflicts with local authorities and trade union organizations.
  • An employee working part-time does not have the right to work for extra work more than 50% of working time at the main place of work. At the same time, employers are obliged to pay wages within the minimum wage provided that the employee is full-time. Accordingly, a part-time employee may receive a salary or wage below the minimum wage, however, in proportion to the minimum wage in accordance with the time worked.
  • Working part-time or working week. If an employee works part-time - works part-time, then the law also does not oblige the employer to keep him wages at the minimum wage level. The employer will only be obliged to provide payment proportional to the minimum wage according to working days and hours. It should be remembered that working under reduced working hours in situations provided for by law does not give employers the right to cut employees’ wages below the minimum wage.
  • Summarized working time recording. If the employer keeps summarized records of working hours, and the employee, according to his testimony, has not fulfilled the monthly norm for working hours, earnings are reduced in proportion to the time actually worked. And, as a result, it may also be less than the minimum wage, and these actions of the employer will not constitute a violation.
  • Finding on . When an employee is on sick leave, the employer does not pay for his work - payment is calculated in proportion to the days actually worked by the employee. At the same time, sick leave compensation, although paid by the employer, is actually paid from the Social Insurance Fund and is not added directly to the employee’s salary.
  • Being on vacation . When an employee is sent on leave without pay, the entire period of this leave is not subject to payment, and accordingly, the employee’s monthly earnings may also fall lower than the minimum required by law.
  • Simple. If there is downtime at the enterprise through no fault of the employer, then the latter is obliged to pay employees only 2/3 of their allotted earnings, and, accordingly, the total amount of payment may fall below the minimum wage.
  • . The employer does not have to pay for the employee’s days of absenteeism - during these days the employee is deprived of wages, which ultimately may lead to the fact that at the end of the month the total amount of payments received by him will also be below the established minimum.
  • Work under a civil contract. If the person actually performing the work did not enter into an employment contract with the employer, but instead provides services under a service or contract agreement, then the requirements for these relationships labor legislation, including those regarding compliance with the minimum wage level, do not apply.

In some cases, depending on the nature of the work, employees' salaries must be multiplied or increased by a certain factor. In particular, if the employee works in hazardous working conditions. Accordingly, in such cases and without grounds for reducing the total amount of payments, the employee’s salary cannot be not only lower than the minimum wage, but also lower than the minimum wage, taking into account all the allowances and compensations due to the worker.

Responsibility for paying wages below the minimum wage

Russian legislation provides for the possibility of holding an employer liable for paying wages below the minimum wage. In particular, such liability is considered by the provisions of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. At the same time, a fine will be imposed on the employer who is found to have violated the law. The size of this fine varies depending on the organizational and legal form of the business and is:

  • From 1 to 5 thousand rubles for individual entrepreneurs.
  • From 30 to 50 thousand rubles for legal entities.

It should be remembered that administrative proceedings can be initiated directly based on an employee’s complaint.

Each country's economic situation is different, so wages are also different. But there are certain rules regarding the minimum fixed salary, based on which the salary is calculated depending on the type of professional activity. This regulation helps protect workers different areas from insufficient assessment of their work and too low wages, and also helps to ensure decent level life of the working population. Everyone needs to know the state regulations regarding wages, as this will protect against fraud and provide rights to receive the provided social assistance.

The Russian Federation has regulations on the minimum wage (minimum wage), which since January 2018 is 9,489 rubles. The minimum wage is not a regulation that limits receiving higher wages for a certain type of professional activity. Rather, it is a minimum threshold of remuneration for employees, beyond which employers have no right to go. Knowing what minimum salary an employer must pay will prevent you from being deceived.

The minimum wage has regional characteristics, for example, in Moscow and St. Petersburg it is higher than in other regions. The northern regions have their own regulated minimum rates. This difference is caused by differences in economic situation different regions countries in which prices and wages differ accordingly. Otherwise, the salary depends on the type of profession, the degree of qualification of the specialist and the degree of hourly employment of the worker.

A lot depends on the salary, for example, if its size is not sufficient to provide a decent life for a family dependent on able-bodied family members, the state provides social assistance in the form of benefits or subsidies. If you want to take out a loan, but by the standards of the bank you choose, your salary is not high enough, then they simply will not give it to you.

What salary should be to take out a mortgage or loan?

To approve a mortgage, the bank must be sure that the borrower will be able to pay it off without the risk of bankruptcy. For the bank this is important detail transactions, since he risks losing his money.

Each bank has its own idea of ​​the salary of its borrower suitable for loan repayment. Therefore, what the salary should be to get a mortgage largely depends on the bank you choose and the conditions it sets. No bank has created clear regulations on the acceptable salary levels for borrowers. Usually, an analysis is carried out of a person’s official income and the size of the loan he wants to receive. If his income is not enough, the bank may ask the borrower to take a smaller loan amount or offer other terms of the transaction that are more suitable for the person’s situation.

What salary should be for a mortgage is decided by the bank itself, and the presence of valuable property is taken into account, so it facilitates the execution of the transaction. But the interest rate for the client depends on what salary should be for the loan. If the borrower receives 70,000 rubles per month, then he can fully count on a lower overpayment percentage on the loan.

What salary should be for a subsidy?

Subsidy is social payment from the state, provided for payment utilities in case of insufficient funds from the income of able-bodied family members.

To understand what the salary should be in order to receive a subsidy, you need to compare it with the state-regulated living wage. Moreover, the income of each family member is taken into account and their earnings are calculated. If it is not enough to ensure a normal existence and at the same time pay for utilities, the state provides a subsidy. In any case, the subsidy is provided when the payment for services amounts to 22% of the total gross income of the family.

What should be the salary for a visa?

When obtaining a visa, the person’s income level must be taken into account. If the salary is too low, the embassy may decide that the person is not planning a tourist trip, but is traveling to earn extra money. The required salary for obtaining a visa differs depending on the country to which the person will travel. For example, at the embassy European countries A salary of 12,000 rubles is considered sufficient income. To travel to America, your income must be $1,000. From this it follows what the salary should be in order to get a visa at the embassy.

What should be the salary for retirement?

When calculating a pension, two main factors are taken into account: seniority and the size of the salary. The longer the length of service and the more difficult the working conditions, as well as the salary, the greater the pension accrual. The law does not have clear regulations on what the salary should be in order to receive a pension, but there is a certain calculation formula that determines the size of the pension.

If you have a certain length of service, payments based on a person’s salary are calculated. Depending on the amount of the official salary and paid by the employer pension contributions Pension points from 1 to 8.26 are awarded. In 2017, for contributions from a salary of 73,000 rubles (this is the maximum taxable amount this year), a maximum of 8.26 points are awarded monthly. Points are awarded based on cumulative transfers for the year. Accordingly, the lower the salary and the smaller the deductions, the lower the points and the smaller the future pension. For the minimum wage of 7,800 rubles this year, 1.07 points are assigned. Therefore, what the salary should be for crediting a pension is decided by the person himself, since the amount of pension payments depends on its size. You can inquire about the accumulated points in advance so that you can influence the situation in a timely manner, apply for a job with an official wages or take part in co-financing the pension, or, if possible, delay receiving the pension, which will make it possible to increase it in the future with increasing coefficients.

Some pension accruals are carried out on an individual basis, this includes employees of the administrative apparatus of the country. Their pensions are larger than those of ordinary workers. But in the Russian Federation there is no regulation regarding the maximum accrual; it all depends on the circumstances, place of work and salary. Therefore, what the salary for the maximum pension should be is decided by the worker himself when he earns seniority.

What is the minimum salary an employee should have?

This regulation is established at the federal level, and in 2018 it will be 9,489 rubles. However, this amount does not reach the regulated subsistence level, so it continues to undergo periodic indexation. But throughout the country there is a decree that sets the minimum wage; no employer has the right to reduce it.

What should the salary advance be?

According to state law, the employer is required to pay wages twice a month. The law does not stipulate what the amount of the salary advance should be. But it states that the advance payment should not be less than the time worked by the employee. For example, if an advance is paid on the 10th of each month, it should correspond to the hours worked during this time, usually 40% of the salary. This must be specified in the employment contract.

You might be interested.

Issues regarding wages concern every working person. This is especially true for wages, the amount of which depends on length of service, number of hours worked, quality of work done, and much more. other criteria. In addition, there is such a thing as minimum wage. This is the minimum wage. The salary simply cannot be less than that. This is contrary to Russian law.

However, some citizens still have lower wages. Why and what to do in such a situation? Let's figure it out.

What is the minimum wage?

Let us remind you that the minimum wage is not a new concept in labor legislation. It was introduced back in 1991 in order to protect the rights of the working population. At the same time, the minimum wage is a changing value. Today (the last increase occurred on July 1, 2017) the “minimum wage” is 7,800 rubles. That is, wages cannot be less than this amount.

However, it's not that simple. There are situations when the salary is lower than the minimum wage:

  • A citizen works not under an employment contract, but under a contract, or paid provision services. In this case, the employer acts as a customer and can pay for the work of the employee (performer), without paying attention to the minimum wage.
  • The employee did not work the entire working time limit during the reporting month. For example, I was in or on sick leave. Or he did not properly fulfill his work obligations. In this case, the monthly salary may be lower than the minimum wage.
  • A salary below the minimum wage may be paid to an employee for a part-time or part-time work week. Indeed, with this option, wages are calculated in proportion to the time worked or the amount of work completed. For example, if a 4-day work week is established for a specific position, then the minimum acceptable wage may be 4/5 of the minimum wage. Today it is a little more than 6 thousand rubles.
  • The citizen works part-time. Then the employer is not obliged to increase the salary to the minimum wage. After all, a part-time worker does not work a full 40-hour working week. His remuneration is calculated only on the basis of hours worked.

Also, do not forget that wages are subject to tax. For residents of the Russian Federation it is 13%. Therefore, it is acceptable if, after deducting personal income tax, the employee receives an amount less than the minimum wage. The main thing is that “dirty” wages exceed this minimum.

Paying less than the minimum wage: is it legal?

Let's turn to labor code, namely to Art. 133 Labor Code of the Russian Federation. It states that the minimum wage cannot be lower than the subsistence minimum, which is valid for the working population. However, again there are exceptions when the employee receives a salary lower than the limit set by the government. In fact, we described them above, so we’ll just list them briefly:

  • The employment contract specifies the amount of remuneration without taking into account mandatory deductions (taxes, trade union dues, insurance, etc.), and a smaller amount is issued;
  • if a person works part-time;
  • when working part-time (part-time or flexible schedule);
  • if during the month the employee took leave without pay or went on sick leave.

Your salary is less than the living wage: what to do and where to go?

In all other cases, this is already a violation of the law. Therefore, a citizen has the right to apply to state labor inspectorate with a complaint against the employer. This will be followed by a trial. If the employer’s guilt is confirmed, he will have to pay a fine and compensate the employee for material damage.

True, before complaining to the labor inspectorate, you can contact the management of the organization where you work. It is worth noting in the statement that in relation to you, as an employee, the wage standards established by Rostrud are violated, so if you do not get back all the underpaid and earned money, you will be forced to contact the labor inspectorate. Many employers prefer to resolve the issue peacefully and take into account the employee’s legal demands, increasing wages to the required minimum.

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