In the Russian labor legislation, great attention is paid not only to the correctness of accrual of wages to employees, but also to the timeliness of its payment. For this, the accounting department of each enterprise must pay its employees the money earned on predetermined days. This is what the Labor Code in force in our country requires. Based on his articles, company management usually issues an “Order on the timing of payment of wages”. The sample and the rules for its preparation should not contradict the labor laws that are currently in force throughout Russia.
How to compose a document
Art. 136 of the Labor Code of Russia states that questions regarding the conditions for employees to receive cash payments may be reflected in a collective or individual labor contract, as well as in the general rules of the internal labor schedule (hereinafter referred to as “PTR”). Moreover, each of these options is completely legal and correct. Nevertheless, at most enterprises for this purpose a separate order is issued on the terms of payment of wages, a sample of which can be drawn up independently. To do this, a similar document should contain the following necessary information:
- date of creation of the order;
- his registration number;
- location and name of the enterprise;
- Title of the document;
- reason for its publication;
- article of the Labor Code, which serves as the basis for the publication of such an order;
- the main content of the document, which indicates clear dates for payments made;
- the additional part should indicate the person responsible for familiarizing all employees with this document;
- position, full name and the signature of the head.
Currently, almost every company has an order on the timing of payment of wages. Its sample cannot be found in special directories. A document is compiled arbitrarily, taking into account the relevant GOSTs. After its full entry into force, any deviation from the specified dates will be considered a violation of the legitimate rights of employees.
Compliance with the rule of law
The Labor Code of Russia requires that the conditions for employees to receive funds be clearly stipulated in one of the local regulatory acts of the enterprise. It should reflect information about specific days and methods of payment. This can be reflected both in the collective agreement and in the PTI, as well as in the contract (or employment contract) with each employee. Some interpret article 136 of the Labor Code of Russia in such a way that information on the frequency of payments should be contained in each of the listed documents. This opinion is erroneous. It is enough to indicate the necessary information only in one of them. In other documents, you can only make reference to this normative act. But more often than not, the company's management decides to issue a separate order for this regarding the payment of wages, a sample of which is not necessary at all. It is only necessary to indicate specific dates and try to adhere to them clearly later. A similar document may also be needed by the servicing bank for the preparation of monetary resources in order to make timely transfers.
Payout
The procedure for the payment of wages is clearly described in article 136 of the Labor Code of Russia. On its basis, the employer must issue money to employees at least twice a month. Moreover, the first transfers must be made no later than fifteen calendar days from the moment that the period for which the corresponding payments are provided has ended.
Here, each company independently decides which date of the two-week period allowed by law to choose for it. This may be the fifth, tenth or fifteenth of the month following the reporting month. In this matter, management is given a free choice. The second part of the salary is issued on any of the remaining days until the end of the current month. But sometimes, some companies consider it inappropriate to divide wages into parts and offer their employees to write appropriate statements asking them to adjust the payment plan. From the point of view of the law, such a decision, based on the personal desire of employees expressed in writing, would not seem to constitute a violation. But labor inspections during inspections, as a rule, do not agree with this. After all, no agreement should worsen the situation of any employee in comparison with what is provided for by the Labor Code.
Possible changes
It is possible that at some point the days approved for the payment of salaries will become inconvenient for the employer. In this case, they can be easily changed. But for this you need to follow a certain procedure. Since specific payment dates are not indicated in employment contracts, there is no need to make appropriate additional agreements to them. It is enough to note the change in the terms of payment of wages in that specific local regulatory act, where they were originally established.
Then, on the basis of Art. 22 of the Labor Code of Russia, the employer must notify all his employees about this under signature. Moreover, the law does not establish any specific order of notification. Each company can independently develop for itself a methodology for notifying employees about changes in conditions associated with their direct labor activity. This can be done using, for example, an order with the registry attached to it for collecting signatures or in any other form. The main thing is that the fact of familiarization with a specific change in each member of the team is recorded.