Minimum wage in 2021 and 2021

Increase in the minimum wage from January 1, 2018

From January 1, the minimum wage is 9,489 rubles. From this date, take the new minimum into account when calculating wages and benefits. Also see:

• “Minimum wage from January 1, 2021 in Russia”;
• “Children's benefits from January 1, 2021.”

At the same time, constituent entities of the Russian Federation (regions) are given the right to establish on their territory a minimum wage that differs from the federal minimum wage (Article 133.1 of the Labor Code of the Russian Federation). The regional “minimum wage” is established by a tripartite agreement. It is agreed upon at the level of the government or administration of the subject (region, territory, autonomous district, etc.), associations of trade unions and associations of employers. So, for example, from January 1, 2021, the minimum wage in Moscow is 18,742 rubles.

But what minimum wage should workers’ salaries be compared with – regional or federal? The answer is simple: compare the monthly payment with the “minimum wage” that is higher. The final amount must be in favor of the employee. At the same time, keep in mind that the totality of all payments established to the employee that make up his salary must be no less than the regional minimum wage (Article 129 of the Labor Code of the Russian Federation). That is, not only salary, but also compensation with bonuses.

Typically, the regional minimum wage is higher than the federal one. However, in January 2021, a situation cannot be ruled out when the federal minimum wage is higher than the regional one. If so, then to calculate and establish earnings, you need to take into account the federal minimum wage (9,489 rubles).

Also note that in addition to wages, the minimum wage affects three types of benefits:

• sick leave;
• for pregnancy and childbirth;
• for child care up to 1.5 years.

However, keep in mind that these benefits are considered from the federal, not the regional minimum wage.

The minimum wage will be equal to the subsistence level

The minimum wage should not be less than the subsistence level of the working population (Article 133 of the Labor Code of the Russian Federation). However, the cost of living for the second quarter of 2017 is 11,163 rubles, and the federal minimum wage is only 7,800 rubles. A special law should determine the procedure and period during which the authorities are obliged to increase the minimum wage (Article 421 of the Labor Code of the Russian Federation). And they finally decided to pass this law.

The matter has reached the final stage of raising the minimum wage to the minimum subsistence level established in Russia. For these purposes, Federal Law No. 421-FZ dated December 28, 2017 was signed and entered into force on January 1, 2021:

• from January 1, 2021 – up to 85% of the subsistence level of the working-age population;
• from January 1, 2021 – up to 100%.

Minimum wage from May 1, 2021 in Russia: federal or regional

But which minimum wage should employers rely on from May 1, 2021: federal or regional? Let's explain in the table:

The coefficient and percentage bonus for work in the Far North and equivalent areas should be calculated above the minimum wage, and not included in it.

New minimum wage and tax burden

Some employers set the employee's salary strictly in accordance with the minimum wage (no more and no less). However, if an employee’s salary is equal to the minimum wage, personal income tax and insurance premiums, including “for injuries,” should still be withheld from it. This is confirmed by legal norms:

• Personal income tax – articles 210 and 217 of the Tax Code of the Russian Federation;
• insurance contributions for compulsory pension (social, medical) insurance - Articles 420 and 422 of the Tax Code of the Russian Federation;
• insurance premiums for insurance against industrial accidents and occupational diseases (“injuries”) - Articles 20.1 and 20.2 of the Law of July 24, 1998 No. 125-FZ.

Minimum wage from January 1, 2021: table by region

Below we present a table with the minimum wage from January 1, 2021 (by region). Also, for convenience, the values ​​are broken down by federal district.

Table of changes in the minimum wage value in the region

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Note to the table: updated minimum wage values ​​for a specific date are highlighted in bold. The values ​​in the Sverdlovsk region for 2014, 2015, 2021, 2021, 2021, 2021, 2021, 2021 are given. These minimum wage values ​​are applied in the cities: Yekaterinburg, Nizhny Tagil, Kamensk-Uralsky, Pervouralsk, Serov, Novouralsk, Asbest, Polevskoy, Verkhnyaya Pyshma, Revda, Krasnoturinsk, Berezovsky, Lesnoy, Verkhnyaya Salda, Kachkanar, Krasnoufimsk, Alapaevsk, Irbit, Rezh, Tavda, Sukhoi Log, Artemovsky, Bogdanovich, Kushva, Karpinsk, Severouralsk, Zarechny, Kamyshlov and other settlements of the Sverdlovsk region.

See also: - living wage in the Sverdlovsk region - minimum wage in other regions

How to abandon the regional minimum wage from January 2021

The agreement on the regional minimum wage from January 1, 2021 becomes binding only for those who accepted it after publication in the media. After publication, the employer is given 30 days to submit to the regional administration an application for refusal to apply the regional “minimum wage”. Such a refusal requires an explanation of the reasons why the employer cannot pay the regional minimum wage to employees. Here is a sample refusal on the minimum wage in the region:

If the refusal is not received by the regional administration on time, then it is considered that the employer “by default” agreed to the agreement on the minimum wage from January 1, 2021 in the corresponding region and, as a result, must pay wages not lower than the value established by the law of the constituent entity of the Russian Federation .

Minimum wage in 2021 and 2021

The minimum wage is a state-guaranteed amount that an employer must pay to a person who has worked at full rate for the entire month. This indicator is established by federal law taking into account the cost of living, registered in the 2nd quarter of the previous year, but is often lower than the amount that a conscientious employee actually receives every month. In the article we will explain why this happens, and also tell you what the minimum wage will be in 2021.

What is the minimum wage in 2021 (minimum wage)

The minimum wage in Russia is an amount established at the legislative level in Russian rubles, which must be accrued to a person working under an employment contract for a fully worked month. This indicator is also used to calculate the amount of temporary disability benefits, but for other purposes it is prohibited to be used by Federal Law No. 82-FZ of June 19, 2000.

The minimum wage in Russia changed several times in 2021: first from January 1, and then from May 1. The two-time increase in the minimum wage in 2021 was due to the need to equate the minimum wage to the subsistence level. As a result, the authorities decided that from May 1 of this year all employees should be paid at least 11,163 rubles.

Why is the minimum wage different in the regions and throughout the country in 2021?

Let's start with the fact that all employers can be conditionally divided into 2 categories: the first - those organizations that are financed from the budget, the second - those who pay employees for their work from their own funds (commercial companies). The minimum wage in 2018 is mandatory for both the first and second groups. But regions want to develop and attract as many specialists as possible. Therefore, the authorities of the constituent entities, at the expense of commercial organizations, strive to create more favorable conditions for labor activity. One of these “bonuses” for workers is the regional minimum wage (2018), which is sometimes much higher than the federal one. In principle, such a division is quite justified: in Moscow the cost of living is higher than, for example, in Novosibirsk, therefore the minimum wage (2018) should be higher.

In order for commercial companies to raise wages, a tripartite agreement is concluded at the regional level to establish a regional level of wages. If the company cannot afford to pay the proposed amount to each employee, it sends a reasoned refusal to join the document on the basis of Art. 133.1 Labor Code of the Russian Federation. According to the law, for a timely refusal of the regional minimum wage - within 30 days from the date of official publication of the proposal to join the agreement - no punishment will follow. But paying employees below the federal level is already a violation, for which clause 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for fines of up to 50,000 rubles.

What else can influence the regional minimum wage? These are regional coefficients and allowances. According to the Resolution of the Constitutional Court of the Russian Federation dated December 7, 2017 No. 38-P, regional coefficients for work in the Far North and equivalent areas, as well as percentage bonuses for length of service in these areas are part of the system of special state guarantees. Therefore, in the regions of the Far North and equivalent areas, the minimum wage (2018) should be higher due to these increases.

How to explain to employees why they receive different amounts

Some citizens believe that if the minimum wage is adopted by law, then they should receive exactly that amount. And when they are paid less, they begin to resent it. But in addition to the law on the minimum wage, there is also the Tax Code of the Russian Federation, which obliges the employer to withhold income tax from income. Considering that 13% must be withheld from 11,163 rubles, the amount that is issued in person is lower.

In addition, in some cases, the employer is obliged or has the right to withhold alimony and other debt obligations from wages. This also affects the amount that the employee will receive at the end of the month.

We must also not forget that the minimum wage is the money an employee receives for a fully worked month. And if he was sick, was on vacation at his own expense, or simply works part-time, including as a part-time worker, then the monthly payment will be lower than the minimum wage.

Minimum salary in 2021

According to the latest amendments, from January 1, 2019, the minimum wage cannot be less than the subsistence level of the working population in the entire Russian Federation for the 2nd quarter of the previous year. If the minimum is lower than the previously established salary, then the minimum wage remains at the same level.

The Ministry of Labor has already calculated the cost of living for the 2nd quarter of this year: for the working population it will be 11,280 rubles. This means that from 01/01/2019 the minimum salary in Crimea and other constituent entities of the Russian Federation cannot be lower than 11,280 rubles. All that remains is to wait until the relevant decisions are approved at the federal level. As for the subjects, employers need to follow regional news. It is possible that in some regions and republics a different figure will be adopted from the national average.

Source

Employers' liability

If the employer does not send a refusal and does not increase earnings to the regional level established from January 1, 2021, then sanctions are possible.

Let's list the administrative fines under Article 5.27 of the Code of Administrative Offenses of the Russian Federation:

• for an official (for example, a director) – from 10,000 to 20,000 rubles;
• for an individual entrepreneur (employer) – from 1000 to 5000 rubles;
• for an organization (legal entity) – from 30,000 to 50,000 rubles.

If the organization commits a violation again, the liability will be stricter:

• for an official (for example, a director) – a fine of 20,000 to 30,000 rubles.
• or disqualification for a period of one to three years;
• for individual entrepreneurs – a fine from 10,000 to 30,000 rubles;
• for a company – a fine from 50,000 to 100,000 rubles.

The issue of administrative punishment of violators is considered by the labor inspectorate or the court (Parts 1, 2 of Article 23.1, 23.12 of the Code of Administrative Offenses of the Russian Federation). Also keep in mind that if you refuse the regional minimum wage, the employer may be called to the Federal Tax Service for a salary commission.

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21.11.2017

What is the difference between salary and minimum wage

The minimum wage in Crimea from January 1, 2021 has no right to be set below the subsistence level in Russia, which is 12,130 rubles per capita (Federal Law No. 82 of June 19, 2000).

The minimum wage is the minimum wage for an employee for a full month, below which the employer does not have the right to set wages. The indicator is used as a basis in accounting when additional social benefits are calculated for sick leave and parental leave. If an employer violates the Labor Code of the Russian Federation, he will face penalties (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The concept of “salary” is broader than salary. The salary is one of the components of the salary, to it are added the due compensations, payments, bonuses, coefficients, except for the northern ones. The resulting amount, together with the salary, should not be less than the established minimum wage.

However, if an employee works part-time or part-time, then the amount of remuneration will be proportionally less and correspond to the actual time worked. It is also worth considering that the employee will receive a salary less than the minimum wage, taking into account the deduction of personal income tax, alimony and other deductions.