Regulation on the issuance of wages. Accounting info. Important changes that need to be made to the Regulations on wages

Regulations on remuneration - find out if this document is mandatory or not, what should contain, how to draw it up. Download finished sample subject to changes in 2019.

From this article you will learn:

Regulations on the remuneration of employees - content

This document applies to local regulations organization and describes the mechanisms for accrual and payment wages staff various groups. Issues of material incentives for employees are included in a separate section.

The development of the Regulation on remuneration will help to justify the costs of employees' salaries, as well as legally reduce the tax burden through the use of incentive and compensation mechanisms such as:

premiums;
surcharges;
compensation;
other compensation or incentive payments.

It has primarily an informative role, as it contains a concise presentation of the norms of the Labor Code and other legislative acts. This is done primarily to make it easier for employees to understand their rights in the area of wages.

Who develops the regulation on wages? As a rule, this task is entrusted to lawyers or chief accountants. The presence of such a document will allow not only to justify the costs to the tax authorities, but also to avoid intra-collective conflicts on the basis of opacity in charges.

The way in which companies now consider advance payments has been declared illegal by the Ministry of Labor. Do you think HR doesn't care? You are wrong. Your department should prepare a draft Regulation on remuneration or make changes there. From the article of the magazine "Handbook of personnel officer" you will learn how to calculate the advance now, why it is dangerous to do it in the old way, what to check and correct in this regard in the documents.

In practice, especially in large companies, it is customary to separate the description of the rules for remuneration and the rules for paying bonuses. In fact, the legislation does not contain a direct indication of such a need. Therefore, they can be combined into one document, especially if the company is small.

The provision is not mandatory for employers. Neither the Labor Code of the Russian Federation, nor other legislative acts contain a direct requirement for the presence of such a document. But there are requirements that prescribe to acquaint staff with the rules for calculating and issuing earnings. All the necessary information for employees can also be stated in the employment contract, but then its volume will increase significantly. This information can also be included in the collective agreement.

The legislation does not impose requirements on the form of the document, so the issue of correct execution is at the discretion of the employer.

The regulation on the remuneration of employees is a handy tool that is often requested during inspections. Of course, they will not be punished for his absence, but they can be punished for not including the necessary regulatory data in an employment or collective agreement.

How to draw up a Regulation on remuneration and bonuses for employees

To fully reflect the issues of salary and bonuses, this LNA should contain the following sections:

General. A description of the terms and concepts used in the document is provided.
Detailed description of the payment systems used in the company.
payroll algorithm.
Algorithm for calculating vacation pay and temporary disability benefits.
The procedure for paying overtime, night and other work in conditions that deviate from normal.
The procedure for paying for the combination of positions, fulfilling the duties of an absent employee.
Conditions and algorithm for bonuses to personnel (provided that there is no separate document on bonuses);
Conditions and procedure for additional payments, benefits (material assistance, etc.).
Procedure and terms of indexation.
Place and date of payment.
Pay slip form.

As applications, summary tables with the types of bonuses and benefits used in the company can be given. This will allow employees to visually see the benefits they can expect.

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What to consider in the Regulation on remuneration under the new rules of 2019

It is necessary to draw up the text of the document or make changes to the existing one in accordance with the clarifications of the Ministry of Labor, Rostrud and the Constitutional Court.

1. Update the minimum wage or regional minimum and increase the minimum wage. Should be checked for staffing employees' salaries. If, excluding compensation payments, they receive less than the minimum wage or the regional minimum, the salary must be increased (except for those who work part-time).

Check the list of additional payments that are included in the salary so that it reaches the level minimum size wages. Should be removed from this list. compensation payments for work in conditions that deviate from normal, since the Constitutional Court prohibited the inclusion in the minimum wage of additional payments for night work, overtime work, work on weekends and holidays,.

It is possible to raise salaries up to the minimum wage not only at the expense of a salary or a tariff rate, but also at the expense of incentive payments, for example, a monthly bonus. But you can not do this at the expense of non-guaranteed payments. Then the salary for a particular month may be less than the minimum wage, and this is already a reason for a fine. In addition, do not include quarterly and annual bonuses in the minimum wage. It is impossible to distribute them by months -.

2. Review the rules for paying salaries for the first half of the month. The method of calculating the advance now used by many companies was recognized by the Ministry of Labor as illegal in its own. The salary for the first half of the month can be paid only in proportion to the hours worked. It is impossible to issue wages in two equal parts or to calculate in proportion to the hours worked, but with a coefficient of 0.87.

Sample Regulation on remuneration (subject to changes in 2019)

The procedure for approving the Regulations on remuneration 2020

After the completion of the development procedure, the output is a draft of the future document. To put it into effect, it is necessary to carry out a number of procedures.

Step 1. The finished project is presented to the manager to control its content and make changes, if necessary. If there are comments, it is sent for revision.

Step 2. The representative body of workers (trade union) can also make their own changes. If it is available, the agreement of the text will be obligatory item in the approval process. Following the amendments made to title page prescribe the details of the document from the trade union on consent.

Step 3. The final version of the text must be approved by the head of the organization or an authorized person. You can validate in 2 ways:

issuance of an order;
stamping “APPROVED” directly on the LNA.

The choice of method is at the discretion of the company's specialists. In our opinion, issuing an order is more convenient when several LNAs are approved at once. There is no need to sign them all to the director. Also in the order it is possible to appoint responsible persons for familiarizing the personnel with the LNA and updating the document. The order is drawn up in free form on the letterhead of the enterprise.

Approval of the Regulations on remuneration directly on the document is a more visual way. All necessary details already on the title page. In addition to the stamp “APPROVED”, the date is indicated, then the director puts his signature with a transcript.

Bonuses for employees: grounds, types and wording

Period of validity of the Regulation and retention period

The legislation does not contain a rule limiting the duration of the operation of this LNA. Therefore, it will be valid from the moment of publication and until the moment of liquidation of the enterprise or the publication of a new LNA.

Amendments to the Regulations on remuneration may be necessary in the following cases:

changes in the current legislation;
changes in wage systems;
introduction of new payments to employees, etc.

The shelf life of the Regulations on remuneration was approved by the Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 “On approval of the “List of typical managerial archival documents…””. He is 75 years old. The storage period starts from the day following the last day of validity of the document.

An outdated document is transferred to the archive of the organization, and in case of its liquidation - to the state archive.

1. General provisions

1.1. This Regulation on remuneration has been developed in accordance with the Labor Code of the Russian Federation, the Charter and other local regulations of the organization.
1.2. This Regulation on remuneration applies to all employees of the organization who are in labor relations with it.

2. System and form of remuneration

2.1. The organization establishes a tariff system of remuneration, the form of remuneration is simple time-based. The amount of wages of Employees depends on the hours actually worked, the accounting of which is organized using documents for recording working hours (timesheets).
2.2. The hourly wage rate is calculated by dividing the amount of wages accrued in the billing period by the number of working days in the corresponding period according to the five-day working week calendar and by 8 hours (the length of the working day).

3. The procedure for calculating and paying wages

3.1. The salary for the first part of the month is paid on the 20th day of that month. Salary for the second part of the month is paid on the 5th day of the following month. If the days of the issuance of wages coincide with the weekend or public holidays wages are issued before these days.
3.2. Cash on account of wages are transferred in a non-cash form to personal accounts bank employees. In some cases, by decision of the head of the organization, they can be issued from the cash desk of the organization.
3.3. Upon termination of the employment contract, the final settlement of the wages due to the Employee is made on the last day of work specified in the dismissal order.
3.4. Vacation pay to employees is made no later than three calendar days before it starts.
3.5. Employees are compensated for performing work in conditions that deviate from normal.
3.5.1. For combining professions and performing the duties of a temporarily absent Employee in the amount of 50 percent of the official salary for the main job.

3.5.2. For performance of work outside the normal working hours in the amount of:

for the first two hours overtime– in the amount of 150 percent of the hourly rate;
for subsequent hours of overtime work - in the amount of 200 percent of the hourly rate.

3.5.3. For work performed on weekends and non-working holidays:

in the amount of 100 percent of the hourly rate - if work on a weekend or holiday was carried out within the monthly norm of working time;
in the amount of 200 percent of the hourly rate - if work on a weekend or holiday was performed in excess of the monthly norm of working time.

3.5.4. For work performed at night. For work in night shift Employees with hourly wages are given additional payments in the amount of 40 percent of the hourly rate. For the purposes of this Regulation, night work means work from 10 p.m. to 6 a.m.
3.6. Calculation and payment of additional payments listed in clauses 2.5.1–2.5.4. of this Regulation, is made monthly in accordance with the timesheets.
3.7. The total amount of additional payments established for the Employee is not limited to the maximum amount.

4. Allowances

4.1. All Employees for continuous work experience in the organization are set a monthly allowance in the amount of:

5 percent of the established official salary after two full years of work in the organization;
10 percent of the established official salary after four full years of service in the organization;
15 percent of the established official salary after six full years of service in the organization.

4.2. After eight full years of work in the organization, the percentage of the allowance is determined by the head of the organization, but at the same time it cannot be lower than 15 and higher than 25 percent.

The regulation regulating the basic principles of remuneration of employees - legally enforceable document. It combines the dynamics, specifics and time parameters of payments adopted by the enterprise, organization, principles of material accruals, methods of indexation and others. important questions relating to monetary settlements between two parties labor process- employee and employer.

Why is it necessary and whether it is possible not to issue

The position is classified as internal normative-administrative act regulating one of the main activities of the organization.

Its purpose is not just to indicate in writing the principles and systems used for accruing cash settlements with employees, which are a legitimate measure of remuneration for the work they have performed. An equally important task is to legally fix the incentive procedure and the rules for material remuneration of people.

If we consider the issue from the point of view of legal state policy, the document sets itself the task of fixing in paper form all accepted and applied in practice payment mechanisms labor activity team.

The main function of paper is informational. It consolidates all actions aimed at receiving monetary remuneration by employees for their work in any of its forms and manifestations.

If the enterprise is large, has branches, this document may consist of hundreds of pages. In this case, its structural division into volumes is carried out.

The paper determines the legality of entering labor costs into tax items, while the absence of such a document will reduce by an order of magnitude chances of occurrence controversial situations with the tax authorities to prove them right in controversial issues. For example, in the reduction of the base rate for the collection of income or premium tax.

Taking into account these and other advantages that this act gives, administrations, as a rule, are interested in its existence and do not spare the resources and time spent on its creation.

The employer, relying on the points of the document, uses the procedure for settlements with the team prescribed in it in such a way that the application of the policy of unfair distribution of the wage fund between staff units becomes impossible. The principle of objective encouragement and legal justification of all forms of remuneration for each individual employee is working.

The presence of a provision does not make much sense only if all the principles of payroll are spelled out in detail in the labor agreement between the employee and the employer, with a description of all the nuances and force majeure circumstances of the labor process.

Legally, punishment for the absence of an act or the procedure for its preparation is not provided. What will be its form depends on the specifics of production and the wishes of the manager.

This provision should be developed taking into account the specifics of the conditions of labor production activities, the procedure and methods for paying material accruals to employees.

The act should be classified as an internal legal normative document. It is approved by the administration of the company with the mandatory participation of the director and chief accountant.

In the development and drafting of the main provisions of the provision should take part the following persons:

company director;
representative of the accounting or settlement department;
employee of the legal service of the enterprise, if such staff unit available.

Features of combining salaries and bonuses

Regulatory framework of Russian legislation does not prohibit Consolidation of salaries and bonus accruals to employees. It is recommended to do it in a way that is acceptable, and most importantly, convenient for each specific organization.

Thus, at various enterprises one can observe multiple forms and options for drawing up a provision, which are based on the procedure for calculating material payments to employees.

It is possible to issue this document in the form of a basic guide that regulates only issues directly related to accruals for payment of completed, in accordance with labor agreement, works.

At the same time, the main points regarding the procedure for bonuses are drawn up in a different provision. Accordingly, in this case, for each form of accrual, there should be accompanying internal acts.

A fairly popular step in the management policy of enterprises is adoption of a collective agreement- it describes in detail all the material nuances of bilateral relations in the aspect of the employee-employer.

If the directorate decides on a single document, its content should include points:

term, form and procedure for payment of wages;
personal responsibility of the head for the failure of the approved payment schedule;
a table reflecting all types of surcharges;
information about compensation charges;
a table including allowances for force majeure, overtime;
data on the form and amount of bonuses;
column - other accruals and payments.

All items relating to bonuses and remuneration of employees must have legal background- With detailed description the accrual process and references to the regulatory legal acts of the state, on the basis of which the payments were made.

Information on wages and bonuses must be compiled in such a way that any full-time employee, having familiarized himself with it, can understand where the amount of money and bonus remuneration that he receives for his work comes from.

By the way, according to the Labor Code of the Russian Federation, this information should be transparent and open for review by all employees of the company.

Within the framework of the current Labor legislation, it is mandatory to include in the provision the following main points:

Tabular part of the position

All surcharges must be made in the appendices, designed in the form of tables. And although this requirement is not considered mandatory (the text form is also applicable), this method of submission more preferred.

The table where the calculations for surcharges are prescribed includes those cash that exist in the enterprise other than wages. For each of their types, the current interest rates are entered in the appropriate column - overtime, night, holidays.

IN column "Notes"(it is usually at the end) paint explanatory comments, for example, hours worked at night.

Compensation transfers are processed in the same way. Additions are entered under each category of payments indicating the amount in figures and words and a mathematical algorithm or formula, based on which this result was obtained.

For example, harmful conditions in production, transferred to the employee at the time of his dismissal, will depend on a number of factors, which are converted into the calculation algorithm.

A table including allowances is only necessary in situations where such a material financing arrangement takes place in this organization. For example, this is an allowance for years worked in one place. This paragraph implies a full explanation of the time frame during which this accrual is due and carried out.

Approximately in this way, other tables are compiled, the number of which is determined by the needs of production activities and the specifics of settlements with employees.

Need for an annual review

The document considered in this article can be accepted once and not have time limits on the validity period. labor law in this regard. no specific periods. However, in some cases, the need for revision still arises.

For example, an organization introduces new technologies, expands the scope of its activities. In such situations, it will certainly be necessary to attract new personnel, respectively, there will be professions for which it will be necessary to revise or re-adopt the procedure for calculating cash payments.

In the effectiveness of the document, as a rule, both sides of the process are interested- employees and administration of the enterprise. For this reason, it is extremely important to maintain them in working condition - timely revision, adoption of amendments.

In addition, the planned adjustment to the general systematization of the internal document flow, since it is its main part, will simplify the control of the activities of both individual structures and the organization as a whole.

Keep track of the current state of the act - direct responsibility of the director of the enterprise. To accomplish this task, most often, a revision of the provision on material payments to employees is carried out.

The nuances of piecework pay

The regulation on the remuneration of employees should take into account following points concerning the specifics of financing this type of work:

All items that are indicated in the act and relate to this form of payment must be agreed upon at a general trade union meeting of the collective. This is enshrined in article 135 of the Civil Code of the Russian Federation.

Often there are situations when the size of the tariff size changes. In this case, an appropriate amendment is made to the current regulation and again submitted for general collective discussion.

Shelf life

Each internal document has its own storage periods approved by the current legislative acts.

To improve the quality of understanding of all aspects of the organizational activities of the enterprise, the shelf life of the provisions on remuneration of employees has been increased up to 75 years.

For proper preservation, in addition to the paper version, it is necessary to have electronic copy. It is important to understand that, from a legal point of view, the calculation of the starting date of the specified period falls on January of the year, which follows the reporting period in which the clerical work was transferred to the archive department according to the situation.

If the regulated storage periods are violated through the fault of the company administration, it will be subject to penalties which are quite large in size.

What should be in the Payroll Regulations? The answer to the question is in this video.

Each employer draws up a salary regulation (a sample of 2020 will be in our article) in order to establish specific internal rules. They reflect the days of issuance of money, as well as many other nuances. We will tell you what you need to know about this document and its contents.

How to accept

This type of document, such as the regulation on remuneration and material incentives, contributes to the competent organization of payments to staff. Some employers call it differently - the provision on remuneration and bonuses for employees. But there is no fundamental difference. This is the same act we are talking and about the prizes.

It is important to note that each employer draws up a regulation on remuneration and bonuses only once. Then he can make any changes to it, if they are required. These may be minor edits to the positions described in this document.

In addition, if the enterprise has a trade union, then its opinion must be taken into account when revising any wage rules or introducing new ones.

First, the provision in question must be approved by a separate order of the head. And then keep in mind: before signing a contract with him, each applicant must be familiarized with the regulation on the remuneration of workers.

In addition, each time you make any changes to this document, you must notify your subordinates in writing that the amendments have been made. It is very important to inform your staff about this.

Why is it important to accept

In practice, the provision on remuneration and material incentives plays the following role:

regulatory authorities will not be able to make claims if the main issues of remuneration are spelled out in the regulation;
it is easier to control compliance with the accepted rules for labor payments;
gives management the opportunity to be as if open with their subordinates: they will know when and how payments will be made, and therefore they are confident in their superiors.

Model document

There is no single and / or mandatory model of the provision on remuneration and bonuses, therefore each enterprise chooses for itself what and how to write in this document.

An employer can quite easily develop his own version of such an internal act. There are many options and samples for drafting the position, but none of them has been officially approved. Therefore, you can generate your own document. Provided that it does not conflict with the requirements labor law 2017.

Who will be bypassed

On January 1, 2017, some changes in Labor Code. Thanks to these amendments, small (micro) enterprises now have the opportunity to make a choice - to completely or partially abandon internal labor regulations. Including from the regulation on remuneration of the sample of 2020. Although it regulates the rules for issuing money to staff.

Thus, microfirms can flatly waive the provision in question, which will replace the model labor contract.

What to include

Very often, in addition to the salary issue, the regulation on the remuneration of employees stipulates:

types of bonuses (including bonuses for the week, month, year, for the results of the work performed);
bonus indicators (those rules and conditions under which employees can receive additional financial bonuses);
the size of bonuses and allowances (for example, as a percentage or fixed).

In 2019, officials and judges announced new rules for calculating salaries. The experts prepared samples of entries in the regulation on remuneration according to the new rules and told how to develop and approve the document.

From the article you will learn:

Download related documents:

Regulation on remuneration: specify the new rules

The calculation and payment of salaries, allowances and bonuses is an important aspect of the activity of any enterprise, strictly regulated by law and local regulations. In order to establish a unified procedure for settlements and effectively interact with staff on remuneration issues, it is recommended to develop a special regulatory act.

Note that the provision on the remuneration of employees is not considered binding document in terms of the law. The official salary, dates of payment of salaries and other conditions can also be prescribed in employment contract, and the rules for calculating bonuses and compensations are in the collective agreement. But the presence of a single document with clearly formulated algorithms for remuneration reduces the risk of conflict situations.

Crib. How to specify the components of the salary in the employment contract

in 2018, personnel officers massively made changes to the regulation on remuneration. This is due to the new rules for calculating wages and the new resolution of the Constitutional Court of the Russian Federation on new rules for the payment of additional payments to (Resolution of the Constitutional Court of the Russian Federation dated June 28, 2018 No. 26-P).

Important changes that need to be made to the Regulations on wages

Change #1. Rewrite the clause on employee bonuses

The phrase about the calculation of additional payments from the salary is now considered a violation. This applies to cases where, in addition to the salary, employees receive permanent, for example, for intensity, for knowledge of a foreign language.

The Constitutional Court, in its ruling of June 28, 2018 No. 26-P, noted that the Labor Code establishes the minimum wage for work on a weekend or holiday. But this does not mean that other allowances should not be taken into account. Rostrud extended this rule to pay for work overtime and at night (answer dated 08/02/2018 on the site onlineinspektsiya.rf).

Change #2. Change the point about comparing wages with the minimum wage due to overtime

Overtime hours are not included in the minimum wage (Letter of the Ministry of Labor dated September 4, 2018 No. 14-1 / OOG-7353). It is possible that your pay statement does not specify which payments are summed up for comparison with the minimum wage to calculate the additional payment to the minimum wage.

Write it like this: “The salary for a month of an employee who has fully worked out the norm of working hours and fulfilled the labor norm cannot be lower than the minimum wage. If the salary of an employee who has fully worked out the norm of working hours for this period and fulfilled the labor norm is lower than the minimum wage, he is charged an additional payment up to the minimum wage. When calculating the supplement to the minimum wage, the amount of payments for comparison with the minimum wage does not include payment for overtime work.

Change #3. The district coefficient and the northern allowance can no longer be included in the minimum wage

The Constitutional Court, in its ruling of December 7, 2017 No. 38-P, established that the regional coefficient and the percentage allowance cannot be included in the minimum wage. This decision came into force immediately, which was confirmed by the Ministry of Labor in a letter dated 06/04/2018 No. 14-1 / 10 / V-4036.

Therefore, if the old norm is in force in your Regulation, remove this paragraph from the document.

Regulation on remuneration: sample document

Labor law does not provide type form Regulations on remuneration, so the organization can draw it up in any form, taking into account the specifics of its activities.

As a rule, the Regulations on remuneration and bonuses for employees include the following sections:

Table. What sections to include in the Regulation on remuneration

Section name
General provisions	It fixes the goals and procedure for applying the document, contains definitions of the main concepts used
	Briefly describes the features of the payment system chosen by the employer (time-based, time-bonus, piece-bonus, etc.)
Official salary	Establishes the organization's settlement procedure official salaries for all positions
	Sets different kinds extra pay for overtime or night work, combination of professions, going to work on weekends and holidays
Allowances	Sets bonuses to wages - for qualifications, long work experience in the company, etc.
Bonus	Establishes regular and one-time types of bonuses
Material aid	Establishes the amount and conditions for the payment of material assistance to employees
Calculation and payment of salaries	Determines the procedure, grounds and exact terms for paying salaries (including the so-called vacation pay) at the enterprise
Salary indexation	Establishes the terms and procedure for indexing salaries, taking into account the growth in consumer prices for goods and services
Employer's responsibility	Indicates the employer's liability for late or non-payment of wages
Final provisions	Reflects the validity period and procedure for applying the document

Standard sections can be modified or removed. For example, if you need to develop for a security company that does not practice the payment of financial assistance to employees, the regulation on labor protection is drawn up without the seventh section. The company using bonus clause, can safely exclude the sixth section of the template so that regulations not even partially duplicated.

Important! When compiling a document from scratch, it is easy to miss an important detail or incorrectly calculate the timing of the payment of salaries, which, according to the law, must be paid strictly twice a month.

Table. Terms of payment of salaries

Often overlooked is the rate of wage indexation. Organizations determine the procedure for indexing salaries independently. It may correspond to the officially established consumer price index for the whole country or in a separate region, the rate of inflation, the growth of the subsistence level of the able-bodied population, or other indicators that reflect the rise in prices for goods and services.

Regulations on wages (fragment). Salary indexation

How to agree and approve the regulation on remuneration and bonuses

The draft document is not approved immediately. First, it must be agreed with the officials responsible for calculating and issuing wages to personnel: the chief accountant, the head financial department, Head of Human Resources.

If the organization has a trade union or any other association representing the interests of workers, one more stage is added. Any local acts related to wages should be agreed with the trade union in the manner prescribed by Article 372 of the Labor Code of the Russian Federation. And only after a positive decision of the trade union, the position is sent for approval to the head of the company.

After agreement with the representative body, the Regulations should be approved by the head of the organization. There are two ways to approve a document - issue a separate order or affix the appropriate stamp on the document itself, at the top of the sheet.

Then familiarize te with the text of the Regulations of the employees of the organization under the signature (part 3 of article 68 of the Labor Code of the Russian Federation). To do this, you can, in particular, maintain a sheet of familiarization of employees with the Regulations, where employees will put their signatures.

How to indicate bonuses in the salary statement

If the employer has not developed a separate provision on bonuses, it is worth adding the corresponding section to the regulation on remuneration. Using the standard template, make the necessary additions to the bonus section. Write down the conditions for bonuses, indicate how much bonuses are paid and how regularly this happens.

The more transparent the bonus system, the more accurate the wording used, the less the risk of claims from employees who felt that they were unfairly deprived of the bonus or paid it insufficiently. Make sure that the section on incentive payments reflects:

types of bonuses paid to employees;
sources of funding for the bonus fund;
specific bonus indicators;
conditions for reducing or canceling bonus payments.

Do not forget to familiarize all employees with the document under the signature in the familiarization sheet or a special journal.

The employer himself decides which system of remuneration to fix in the Regulations on remuneration. To neither labor nor tax office did not make claims to the procedure for paying wages, clearly state the condition on the timing of the payment of wages and on the indexation of wages. Familiarize employees with the adopted Regulations for signature.