2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
A working person quite often has to deal with the concept of "minimum wage". This word sounds from screens, from radios, is found in print media and on the Internet. This article will discuss what the minimum wage and salary are. What is the difference between them, and how do they interact with each other.
Terminology
Finding out what minimum wages are, let's turn to open sources. This definition refers to the minimum wage. The specified deduction is made by the employer to the personnel. Until 2007-01-09, the minimum wage was equal to the monthly payment of an employee who does not have special qualifications, but who has worked the established norm of working time, provided that the employer provides appropriate working conditions. The structure of this payment did not include such components: social, compensation and incentive deductions. When paying wages, a mandatory condition had to be observed. It consisted in the fact that the base salaries, tariff rates used in the process of calculating the monthly salary, special rates used in calculating the payment for non-standard work could not be lower than the minimum wage. Subsequently, thanks tochanges in domestic legislation, the main of which were reflected in the Federal Law No. 54 of 2007-20-04, this condition was excluded from the Labor Code.
The impact of the minimum wage on base rates
Speaking about what minimum wages are, a number of important points contained in the legislation should be mentioned. According to the Labor Code of the Russian Federation, the monthly salary of an employee, subject to the fulfillment of established labor and time standards, should not be lower than the minimum wage (Labor Code of the Russian Federation, Part 3, Article 133). In this case, Art. 1331, introduced by Federal Law No. 54. It allows the constituent entities of the Russian Federation to independently establish the minimum amount of deductions for labor on their territory. However, the minimum wage adopted in this manner will not apply to employees employed in the federal civil service. Here, in general, what is the minimum wage. 2014 began with an increase in the minimum wage. Since January 1, the amount of the labor payment has amounted to 5554 rubles.
How is the minimum set?
Let's consider what 1 minimum wage is and how it is approved. The establishment of a minimum wage in a particular subject of the Russian Federation for each organization is divided into several stages.
- At the first stage, an agreement of regional importance is being developed on the minimum maximum allowable amount of deductions for wages in the subject. After that, the regional commission (tripartite) for the regulation of social labor relations develops and concludes an appropriate agreement. Whatis the minimum wage in the subjects? First of all, the minimum amount of payment to an employee must correspond to the socio-economic conditions and the volume of the consumer basket for a particular region. At the same time, it is important to take into account the provisions prescribed in the Labor Code of the Russian Federation. According to the norms, the size of the regional minimum wage should not be lower than that established at the federal level.
- At the second stage, an offer is made by the authorized representative of the authorities of the subject of the Russian Federation for all employers to join the developed and signed agreement.
It is mandatory that the original text of the contract and proposal be published in public sources. The federal executive body on the basis of part 7 of article 1331 of the Labor Code also receives a corresponding notification. When considering this proposal, employers are guided by the minimum wage in this subject of the Russian Federation. From the moment of joining the agreement, in case of a positive response to the proposal and its acceptance, a single tariff for the region is set for deductions to employees in accordance with the signed documents. Having found out what minimum wages are, let's take a closer look at some of the terms of the agreement.
Automatically join a published agreement
Employers operating in the territory of the subject may not provide a reasoned refusal to the authorized executive body of their subject within 30 days from the date of publication of the official proposal. In this case, they are considered officiallyacceded to this agreement. After that, the terms of the contract are subject to mandatory execution by them.
Refusal to join published agreement
Employer may choose not to join the agreement. Mandatory in this case, the written refusal must be accompanied by:
- protocol on the results of consultations between the employer and representatives of the trade union organization;
- offers under time constraints to raise staff salaries to the level of the said agreement.
In this case, the head of the authorized body of the constituent entity of the Russian Federation retains the right to invite the employer (or his representatives) together with members of the trade union organization to conduct consulting activities. According to part 9 of Art. 1331 of the Labor Code of the Russian Federation, both parties are obliged to take part in these consultations.
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