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Question:
The employment order is issued on the basis of the concluded employment contract and should not contradict it. In our organization wage consists of many allowances and is detailed in the employment contract. Is it necessary to duplicate salary conditions in employment orders, despite the fact that the employment contract is indicated as the basis for issuing the order.Answer: In the Letter of Rostrud dated December 24, 2007 No. 5275-61 on this issue it is said: “According to Article 135 of the Labor Code Russian Federation the employee's wages are established by the employment contract in accordance with the wage systems in force at the given employer. Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments of compensatory allowances, including for work in conditions that deviate from normal, systems of additional payments and bonuses of an incentive nature and bonus systems, are established by collective agreements, agreements, local regulatory acts in accordance with labor law and other normative legal acts containing labor law norms.
The basic concepts and definitions used in organizing the remuneration of employees are enshrined in Article 129 of the Code. Based on these definitions, the tariff rate, as well as the salary (official salary), have a fixed amount of remuneration.
Article 57 of the Code, among the conditions that are mandatory for inclusion in an employment contract, includes the terms of remuneration (including the size of the tariff rate and the salary (official salary) of the employee, additional payments, allowances and incentive payments).
All of the above allows us to say that when fixing the terms of remuneration of an employee in an employment contract, the amount of payment (tariff rate or salary) should be indicated in numerical terms.
As for the additional payments, allowances and incentive payments due to the employee, they can be directly indicated in the employment contract or it can refer to the relevant local regulatory act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of local regulations and the collective agreement against signature.
Labor legislation provides for the obligatory indication in the employment contract of the size of only the tariff rate or salary. The specific amounts of allowances and surcharges in the employment contract may not be indicated, it is enough to refer to the relevant local regulatory act in the contract, for example, the regulation on remuneration, on allowances and surcharges, on bonuses. The employer has the right to independently adopt local regulations that are mandatory for employees of this employer, as well as make changes to previously adopted acts, as well as approve new ones instead of the previous ones (Articles 8, 12 of the Labor Code of the Russian Federation).
Before concluding an employment contract, the employer is obliged to familiarize the employee (against signature) with the local acts of the organization relating to his labor activity and remuneration for his labor. In the order for employment, filling in the line "with a tariff rate (salary)" must correspond to the data specified in the employment contract with the employee and the staffing table. If, in addition, bonuses are established for the employee by the employment contract, local regulations, and their amount is determined in the employment contract (in numerical form or as a percentage of salary), it should also be indicated in the corresponding line of the order. If this condition is not defined in the employment contract, then the “surcharge” column is not filled in the order for employment.
Tell me, when accepting an external part-time job for 0.5 rates, he must have a salary of 10,000: Correctly write in the order for employment and TD salary 20,000 (per 1 rate) or write 10,000
The salary of a part-time job in the staffing table is indicated in an amount equal to the salary of the main employee in a similar position, and in the employment contract and the order of admission, the salary is indicated in proportion to his employment(that is, in your case - 10,000 rubles).
The rationale for this position is given below in the materials "Personnel System".
1. Article: We eliminate violations in the payment of part-time workers
In the staffing table in the column "Number of staff units" part-time workers are reflected as a whole unit. The personnel manager explains this by saying that if fractional numbers are used, this will significantly complicate personnel accounting.
AT this case HR is wrong. Let's explain why. It is known that the documentary form of the staffing table is unified, which means that it must be filled out in accordance with the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”. According to this regulatory act, in the employer's staffing table (form No. T-3), it is necessary to indicate information about staff units, taking into account part-time work. When filling out column 4 of the staffing table, the number of staff units for positions (professions) that provide for the maintenance of an incomplete staff unit in connection with part-time employment must be indicated in appropriate shares, for example 0.25; 0.5; 2.75, etc. And in column 5 of the staffing table, reflect in ruble terms full tariff rate (salary), from which payment will be calculated in proportion to the hours worked.
As for the possible confusion when accounting for employees (in the event that shares are used in the staffing table), the following should be noted. In order to make it more convenient to take into account the movement of personnel and analyze the current situation, you can use such a frequently used document in practice as the staffing. The staffing is a working form of the staffing table and you can specify any additional data in it that is not provided for by the unified form No. T-3. The legislation provides for the possibility to develop a form of regular arrangement independently. True, at the same time, it is better to approve the developed form by a local act.
The salary of a part-time worker in the staff list is indicated in an amount equal to the salary of the main employee in a similar position, and in the employment contract and the order of admission, the salary is indicated in proportion to his employment.
Such a discrepancy is unacceptable. It is very important that the documents for the reception of an employee coincide in meaning with each other, do not cause contradictions and, of course, correspond to the staffing table. Otherwise, errors in wages cannot be avoided. As we have already said, column 5 of the staffing table indicates the full tariff rate (salary). Thus, the amount of salary indicated in the staffing table must be the same in the employment contract and in the order to hire the employee. Another thing is that in the employment contract and the order it is necessary to show how (based on this salary) the actual remuneration of the employee will be calculated: in proportion to the time worked, depending on the output, or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation) .*
For remuneration of persons working part-time, as a rule, a time-based remuneration system is used, in which the amount of payment is determined on the basis of the tariff rate, salary (official salary) in proportion to the time worked by the employee.
Let's take an example. An accountant working in a part-time Limited Liability Company is set a salary of 10,000 rubles. In January 2010, the accountant worked 15 days, 4 hours a day. According to the production calendar for 2010, the standard of working time in January with a 40-hour work week is 120 hours.
Thus, the accountant must be paid a salary (excluding allowances and surcharges) in the following amount:
(10,000 rubles: 120 hours) ? (15 days? 4 hours) = 5000 rubles.
T.I. bukvich
head of the legal department of LLC POA "Shield and Sword" (Surgut)
Sincerely,
Svetlana Barkova, expert of System Glavbukh.
Answer approved:
Leading Expert of the Hotline of System Glavbukh
Rakova Elena.
_____________________________
The answer to your question is given in accordance with the rules of the “Hot Line” of the “Glavbukh System”, which you can find at:
A 0.5-time employee was hired as an external part-time worker in the emergency department medical care. shift work, must work out half the norm of working time. How to write down the salary in the order for employment (full-time or 0.5).
Answer
Based on Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration are mandatory for inclusion in an employment contract. According to Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract in accordance with the remuneration systems in force for this employer.
Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements, local normative acts in accordance with labor legislation and other normative legal acts containing labor law norms.
Thus, in the employee's employment contract, the salary must be indicated in accordance with the staffing table, that is, in full. That is, in the section "Payment and social guarantees" indicate the following wording: "The employee is paid a salary of 25,000 rubles per month. Wages are calculated in proportion to hours worked.
As for the indication of the salary in the order, then on the basis of Art. 68 of the Labor Code of the Russian Federation, the content of the employer's order must comply with the terms of the concluded employment contract, that is, the amount of salary in the order must be the same as in the employment contract. Therefore, in the line "Employment conditions, nature of work" indicate "in combination with remuneration in proportion to the time worked." In the line "with a tariff rate (salary)" indicate the full salary in accordance with the staffing table (i.e. 25,000 rubles).
Accordingly, in the personal card of the T-2 form, also indicate the full salary.
We also note that the discrepancy between salaries in the staffing table and the employment contract can be recognized as a violation of labor legislation, for which the organization can be held administratively liable (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Details in the materials of the System:
Situation: How to reflect the salary in an employment contract with a part-time job
The salary in the employment contract must be reflected in full size.
The salary should be understood as a fixed amount of remuneration of an employee for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (). This means that the employment contract should indicate the salary in the amount that is paid when working out the entire working time standard established for this category of employees ().
At the same time, the duration of working hours when working part-time should not exceed four hours a day (). Consequently, an employee hired for does not work out a monthly rate, and payment for his work must be made in proportion to the time worked or on other conditions determined by the employment contract ().
Thus, for an employee working on a part-time basis, the salary in the employment contract must be reflected in full. The condition on the amount and procedure for remuneration in the employee's contract may have the following wording: “The employee is set a salary of 40,000 rubles per month. Wages are calculated in proportion to hours worked.
Situation: Is it possible to hold the employer liable if the salary in the staffing table does not correspond to the amount specified in the employment contract
Yes, you can.
The staffing table is a mandatory document for all employers, including the number of positions in the organization, the amount of remuneration for them, as well as bonuses and allowances. You can draw up a staffing table according to, approved, or according to.
Mandatory conditions of the employment contract are the labor function (work according to the position in accordance with the staffing table), as well as the conditions of remuneration (including the size of the tariff rate or official salary of the employee (paragraph and part 2 of article 57 of the Labor Code of the Russian Federation). Since the salary for a particular position is reflected in the staffing table, we can conclude from this that the salary in the employment contract must correspond to the salary indicated in the staffing table.The salary discrepancy can be recognized as a violation of labor legislation, for which the organization can be held liable for () .
Judicial practice also indicates that the salaries in the employment contracts of employees must correspond to the salaries indicated in the staffing table (see, for example,).
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
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Good afternoon, I looked through the Labor Code of the Russian Federation, but did not find an answer to my question.
The question is this: we accept a part-time person for 0.5 rates. In the employment contract, do we indicate the full salary, which is set for 1 rate or already half of the salary?
Answer
Based on Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration are mandatory for inclusion in an employment contract. According to Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract in accordance with the remuneration systems in force for this employer.
Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements, local normative acts in accordance with labor legislation and other normative legal acts containing labor law norms.
Thus, in the employee's employment contract, the salary must be indicated in accordance with the staffing table, that is, in full. That is, in the section "Payment and social guarantees" indicate the following wording: "The employee is paid a salary of 40,000 rubles per month. Wages are calculated in proportion to hours worked. As for the indication of the salary in the order, then on the basis of Art. 68 of the Labor Code of the Russian Federation, the content of the employer's order must comply with the terms of the concluded employment contract, that is, the amount of salary in the order must be the same as in the employment contract.
Therefore, in the line "Employment conditions, nature of work" indicate "in combination with remuneration in proportion to the time worked." In the line "with the tariff rate (salary)" indicate the full salary in accordance with the staffing table.
More details in the materials of the System:
1. How to apply for a part-time job
Working hours of a part-time worker
As a rule, working hours for part-time workers cannot exceed four hours a day (). But if the employee is free from the main job (on any day), then he can work part-time on that day full time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees. Such restrictions are established by Article 284 of the Labor Code of the Russian Federation.
Part-time working time restrictions do not need to be observed if the employee at the main place of work:
suspended work due to delayed payment of his salary ();
suspended from work for health reasons with the retention of the position for a period of up to four months in cases provided for in Article 73 of the Labor Code of the Russian Federation;
is the head, his deputy, chief accountant of the organization (separate subdivision) and dismissed for health reasons with the retention of the position in the case provided for in Article 73 of the Labor Code of the Russian Federation.
part-time worker and organization;
| From the book you will learn what difficult situations can arise with the remuneration of employees and how to solve them, how to introduce piece-bonus wages, taking into account the latest changes. Let's consider in detail: how and when to provide compensation for work on weekends and non-working holidays, what common mistakes allow employers to pay overtime. We will also analyze how to prepare for an unscheduled inspection of the GIT, what fines and sanctions are possible for violations of wages. |
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Situation: How to reflect the salary in an employment contract with a part-time job
The salary in the employment contract must be reflected in full.
The salary should be understood as a fixed amount of remuneration of an employee for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (). This means that the employment contract should indicate the salary in the amount that is paid when working out the entire working time standard established for this category of employees ().
At the same time, the duration of working hours when working part-time should not exceed four hours a day (). Consequently, an employee hired for does not work out a monthly rate, and payment for his work must be made in proportion to the time worked or on other conditions determined by the employment contract ().
Thus, for an employee working on a part-time basis, the salary in the employment contract must be reflected in full. The condition on the amount and procedure for remuneration in the employee's contract may have the following wording: “The employee is set a salary of 40,000 rubles per month. Wages are calculated in proportion to hours worked.
Companion Admission Order
After an employment contract is concluded, issue an order for hiring a part-time job in a unified form or (). Both forms are approved.
Part-time personal card (161,624)
At the end of the hiring procedure, issue a personal card for a part-time worker (both internal and external) using ().
An example of hiring an external part-time worker
E.V. Ivanova was accepted into Alfa CJSC as a secretary on the terms of an external part-time job ().
The head of the organization issued an order for hiring
Good afternoon.
1. When filling out the column "Number of staff units" in the staffing table for the relevant position, which provides for the maintenance of an incomplete staff unit in combination, the number of staff units is indicated in the appropriate share, that is, 0.5.
2. In the column "Tariff rate (salary)" of the staffing table for a position for which an incomplete staff unit (0.5) is provided, the amount of the full salary for the position is indicated.
3. When hiring on a part-time basis for 0.5 rates, the full salary must be indicated in the employment contract and the order for employment.
Rationale: 1. According to the Instructions for the application and filling out forms of primary accounting documentation for accounting for labor and its payment (hereinafter - Instructions No. 1), when filling out column 4 "Number of staff units" for the relevant positions, which provide for the content of an incomplete staff unit, taking into account features of part-time work in accordance with applicable law, staff units can be indicated in the appropriate shares, for example - 0.25, 0.5, 2.75.
2. In accordance with Art. 129 of the Labor Code of the Russian Federation, a salary (official salary) is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments.
In column 5 "Tariff rate (salary)" of the staffing table, the monthly salary is indicated in ruble terms at the tariff rate (salary), depending on the remuneration system adopted in the organization in accordance with the current legislation of the Russian Federation, collective agreements, labor contracts, agreements and local acts of the organization (Instructions No. 1).
In column 9 “Total per month” of the staffing table, an amount equal to the product of column 4 and column 5 is indicated, which determines the salary of a part-time job, taking into account working hours. For example, in column 4 the number of staff units is 0.5, in column 5 the salary is 20,000 rubles, in column 9 the amount will be reflected - 10,000 rubles. (20,000 rubles x 0.5).
3. Based on Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration are mandatory for inclusion in an employment contract. According to Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract in accordance with the remuneration systems in force for this employer.
Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements, local normative acts in accordance with labor legislation and other normative legal acts containing labor law norms.
Thus, in the employment contract, the salary must be indicated in accordance with the staffing table, that is, in full.
As for the indication of the salary in the order, then on the basis of Art. 68 of the Labor Code of the Russian Federation, the content of the employer's order must comply with the terms of the concluded employment contract, that is, the amount of salary in the order must be the same as in the employment contract.
