New changes to the minimum wage: prerequisites
The minimum wage is set annually and is equal to the subsistence level of the working-age population for the 2nd quarter of last year. In 2020, this figure is 12,130 rubles. (Federal Law dated December 27, 2019 No. 463-FZ). Regions can set their own minimum wage, which cannot be lower than the federal one, i.e. 12,130 rubles.
The minimum wage arose in connection with the need to evaluate the work of the lowest paid workers. Thus, the state is trying to ensure a minimum threshold of fair wages and control employers.
Control is carried out as follows:
- The Federal Tax Service pays attention to understated incomes in forms 6-NDFL, “Calculation of insurance premiums” (special control ratios have been developed for this purpose, comparing indicators with the minimum wage and industry average wages in the region);
- inspectors will send a demand to the employer to explain the low salary figures;
- tax officials send information about violations to the labor inspectorate, so employers who underestimate wages may be called to the labor commission;
- the payer also risks being included in the plan of on-site tax audits (clause 5 of Appendix 2 to the Federal Tax Service order No. MM-3-06/333 dated May 30, 2007).
Unscrupulous employers often pay workers below the minimum wage, arguing their position with part-time work. It is for such a case that the Government will establish a new minimum wage - hourly.
In what cases does hourly wage apply in 2021?
This system is applied when it is provided for in the employment contract concluded between the employee and the employer.
Recently, this method has become very popular among entrepreneurs who hire employees. It is suitable for the following workers: teachers, tutors, nannies, bartenders, waiters, cleaners.
Hourly pay is ideal for part-time employees. It is suitable for workers whose workload differs on different working days.
Advantages of the hourly wage system:
● for the employer - cost savings when employees receive money only for the time actually worked, the ability to track and monitor the effectiveness of working hours, the convenience of settlements with part-time workers;
● for workers – convenient for employees of certain professions, as it allows them to take into account their uneven workload.
Disadvantages of the hourly wage system:
● for employers – the complexity of financial calculations of wages, the need to strictly control the amount of time worked by employees;
● for employees - lack of bonuses and bonuses, the possibility of abuse by an unscrupulous employer who will assign unrealistic amounts of work per hour.
Introduction of a new hourly minimum wage
Legislators are concerned that understatement of wages allows entities to receive unreasonably inflated profits and illegally reduce payments on taxes and contributions. At the same time, subordinates are forced to agree to payments “in envelopes”, for fear of being left without work, especially during the COVID-19 pandemic.
Therefore, LDPR deputies developed a bill providing for a minimum hourly wage in Russia from January 1, 2021. The measure will contribute to the growth of household incomes and bring wages to the level of industrialized countries.
Norms of the Labor Code of the Russian Federation
Hourly wages are a type of time-based wages in which a rate is set for one hour of work, and income depends on the number of hours worked. The hourly wage in the employment contract is prescribed on the basis of Art. 57 Labor Code of the Russian Federation. Especially often it is installed during a shift schedule.
Now, based on the minimum wage (in 2021 it is 12,130 rubles), hourly wages range from 89.85 rubles to 65.92 rubles, according to the calculations of the authors of the document. The new Hourly Minimum Wage Act 2021 aims to increase the minimum cost of one hour of work.
Minimum hourly rate (MRHS) from 01/01/2021
The bill provides for the initial value of the hourly rate - 150 rubles. Further, annually the amount will be indexed by the percentage of inflation based on the results of the past year.
The option to establish the MRES based on the current minimum wage was not approved because:
- the number of working hours in each month is different, monthly changes in the hourly rate are impractical;
- the rate determined by the minimum wage was found to be too low. For example, with a minimum wage of 12,130 rubles and a 40-hour work week in May, 135 working hours cost 89.85 rubles. (12,130 / 135), and in July 176 working hours costing 68.92 rubles. (12,130 / 176).
At the same time, the MRChS is 150 rubles. guarantees a higher salary. If an employee works for a whole month at this rate:
- for May he will receive: 135 hours x 150 = 20,250 rubles;
- for July: 176 hours x 150 = 26,400 rubles.
For whom will the new minimum wage be established (hourly)
Employee salaries must correspond to the minimum hourly rate if two conditions are met simultaneously:
- working part-time;
- the employment contract is fixed-term and concluded for a period of up to 3 months.
The use of the indicator in other situations is unacceptable.
It turns out that the accountant will now monitor the compliance of salaries not only with the monthly minimum wage, but also with the minimum wage for individual employees.
Salary by hour
The clause “on the introduction, in addition to the minimum wage, of the concept of a minimum hourly rate” is included in the list of proposals for the draft text of the General Agreement between all-Russian associations of trade unions, employers and the Russian government for 2021–2023 (Izvestia has read the text of the document). The parties will have to formulate a joint position on this issue, the papers say. It is also clarified that the hourly minimum wage can be applied “to those employed under short-term employment contracts, primarily to employees paid hourly.”
Take into account in 60 minutes
Photo: IZVESTIA/Dmitry Korotaev
It’s a salary matter: they want to exclude additional payments from the minimum salary
Thus, the loophole that allows employees to pay a base rate less than the minimum wage will disappear from the Labor Code
The above-mentioned agreement will determine the main directions of work of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (RTC). For now, proposals for the document are still being discussed. It is expected that the draft general agreement will be formed by the end of October.
Izvestia sent a request to the office of Deputy Prime Minister Tatyana Golikova (coordinating the work of the commission). They replied that it was premature to comment on this topic.
The proposal to introduce an hourly minimum wage was put forward by the government, the Federation of Independent Trade Unions of Russia (FNPR, which represents the side of workers in the RTK) reported.
The Russian Ministry of Labor is ready to discuss with the parties to the social partnership the issue of introducing the concept of a minimum hourly rate, the department’s press service said. At the same time, the new concept should complement the minimum wage and not reduce the guarantees established for workers, they added.
Now the salary of an employee who has fully worked the monthly norm should not be lower than the minimum wage, and in the northern regions - the minimum wage, increased by regional coefficients and percentage increases, the department recalled. The application of the minimum wage is mandatory, regardless of the term of the employment contract and the remuneration system, the ministry emphasized. If a person works part-time, then earnings are accrued proportionally, but not lower than the minimum wage in terms of the full monthly rate, the Ministry of Labor explained.
Is it getting easier from hour to hour? In Russia they proposed introducing hourly wages
The authors of the idea propose to set a minimum amount of 150 rubles
An example of the application of the minimum hourly wage
The company hires an employee for temporary work under an employment contract for 3 months. The following working regime is established:
- 6 hours a day;
- working days are Monday, Wednesday and Friday.
We will calculate the employee’s salary if his first working day is July 6, 2021. Let us assume that an employment contract with a period of 3 months establishes an hourly wage at the rate of 150 rubles. per hour, and in the region there is a minimum wage equal to the federal one (RUB 12,130):
Billing month Number of working days Number of working hours Salary at rate, rub. What could the salary be based on the minimum wage, rub. Benefit compared to minimum wage, rub. July (from 07/06/2020)
12 12 x 6 = 72 72 x 150 = 10,800 12,130 / 22 (working days) x 12 = 6,616.36 4 183,64 August 13 13 x 6 = 78 78 x 150 = 11,700 12,130 / 21 x 13 = 7,509.05 4 190,95 September 13 13 x 6 = 78 78 x 150 = 11,700 12,130 / 22 x 13 = 7,167.73 4 532,27 October (until 05.10.2020)
2 2 x 6 = 12 12 x 150 = 1,800 12,130 / 22 x 2 = 1,102.73 697,27
“Our people earn less than Albanians”: The State Duma has developed a bill on hourly wages
With a full 40-hour work week, the proposed hourly wage will be higher than the minimum wage, which improves working conditions for workers
Photo: Alexey BULATOV
A group of deputies proposed a new bill - from January 1, 2021, hourly wages should be no less than 150 rubles. at one o'clock. The document has been sent to the government for approval. The proposal to introduce a minimum hourly rate also appears in the national economic recovery plan (the document has been adopted as a basis and is currently being finalized). This will enable employers to enter into short, fixed-term contracts - from three months - for part-time work.
“KP” got through to one of the authors of the bill and found out why this was being done and who it would affect.
Yaroslav Nilov, chairman of the Duma Committee on Labor and Social Policy, told KP . — The current minimum wage allows biological survival, nothing more. If we are talking about a full-fledged consumer basket, then the payment should be higher. Our workers are paid less per hour than in much less developed countries: for example, in Bulgaria or Albania. According to the recommendation of the International Labor Organization, wages should be no less than $3 per hour.
— Why exactly 150 rubles?
— With the current minimum wage, one hour costs from 65 to 90 rubles. The five million people who receive wages at the minimum wage level are mainly in the budget sector: education workers: social service workers... If they are transferred to part-time work and paid not a monthly, but an hourly rate, then in general they will receive pennies. In order to somehow protect workers, we propose doubling hourly wages.
- But look, those who work on an hourly system charge much more than 150 rubles for their work - tutors, cleaners, drivers, loaders...
— There is no talk about the minimum rate. This is either a shadow sphere, when citizens provide services unofficially. Or self-employed - in this case we are not talking about labor legislation, but about a preferential tax regime.
WORD TO THE EXPERT
“With a full 40-hour work week, the proposed hourly wage will be higher than the minimum wage, which improves the working conditions of workers and in this aspect we can support the amendment,” public commissioner for labor legislation Dmitry Porochkin, a member of the General Council of the Party of Growth, . - But in the case of part-time work, it will be earnings at the level of migrants. Now such attracted employees receive 100-140 rubles per hour, in contrast to employees of similar jobs in the state, who receive 220-280 rubles per hour for the same work.
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