What the law says
An employee who has fulfilled the full scope of his duties for the required working hours per month should not receive payment for work less than the minimum level established in the state. But what does the minimum wage consist of? Is the bonus included in the minimum wage in 2021? The basis of the minimum level of payment is salary with possible bonuses and additional payments “for hazardous production”. In each case, the fact of whether the minimum wage can eat up the bonus or whether it is accrued above it depends on the frequency of bonus payments. Their frequency is determined in the regulatory documents of the organization (under Article 135 of the Labor Code of the Russian Federation):
- employment contract;
- collective agreement;
- regulations on bonuses for employees, etc.
Payment of one-time and periodic incentives occurs on the basis of an order signed by the head of the organization.
Should the dead eat the bonus?
Regional coefficients and percentage bonuses for “northerners” are also not components of the minimum wage; they are added on top of it. Can the salary be less than the minimum wage? The legislation stipulates that the total salary, taking into account bonuses and compensations, cannot be less than the established minimum. So, in what cases will a salary less than the minimum wage not be a violation: Salary below the minimum wage
- If bonuses and compensation are able to increase it to the required level, i.e. the final earnings will be equal to the minimum wage or exceed this threshold.
- When an employee, due to circumstances, does not fulfill the monthly work standard, for example, while on sick leave or on unpaid leave. In this case, wages are calculated based on hours worked and may be less than the established limit.
- In the case when an employee of this employer is employed part-time, on a reduced schedule.
Is a one-time bonus included in the minimum wage?
IC of the Russian Federation: If an individual pays the amount for 1 child, then the amount of alimony will be 25 percent of the citizen’s monthly income If the person fulfills the obligation to support 2 children 33 percent If there are 3 or more children to whom alimony is paid 50 percent of the employee’s income Amount of alimony transfers may vary (decreased or increased) by decision of the court. The calculation will take into account the person’s financial and marital status, as well as other circumstances that will be considered valid. If the profit is not regular or earnings are calculated in foreign currency, as well as in the presence of other circumstances provided for in Art. All the nuances of using the minimum wage when calculating wages are prescribed in the legislation of the Russian Federation. Let's analyze the main documents and find answers to pressing questions.
Procedure for additional payment before minimum wage in 2021 (nuances)
Important Hello. You need to contact the labor inspectorate or the prosecutor's office, since you simply are not paid extra. Hello! If you have a small salary and a small bonus, then it is quite possible that all this was “eaten” by the minimum wage Article 129.
Basic concepts and definitions Wages (employee remuneration) - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments). Article 133. Establishment of the minimum wage...
Minimum salary and bonus
Such workers often include part-time workers, pensioners, and minors. For those working part-time, the salary may not reach the minimum.
- If the regional minimum wage exceeds the federal one, employees of state-owned, autonomous and budgetary institutions financed from the federal budget may have a salary below the threshold established in the region. These enterprises are not required to use the regional minimum wage in their calculations.
- In all other cases, a salary that does not reach the minimum is a violation of the rights and interests of the employee. For such actions, the employer may face a serious fine: for an official from 1000 to 5000 rubles, for a legal entity from 30 to 50 thousand. For repeated violations, fines increase.
One-time bonus
In accordance with Article 129 of the Labor Code of the Russian Federation, there is a clear answer to the question: is a one-time bonus included in the minimum wage? A one-time bonus is a one-time additional incentive payment. The size of this payment, due to its randomness, is not reflected in the employment contract, which must stipulate the amount of wages not less than the legally established minimum wage. A one-time bonus is accrued and paid in a separate amount above earnings.
Payment for holidays and weekends, as well as night hours
Work at night, on weekends and holidays, in accordance with the Labor Code of the Russian Federation, is paid at an increased rate (Articles 153, 154). This is a kind of compensation to the employee for the lack of normal rest during periods intended for recuperation.
The question of whether payments for holidays and weekends are included in the minimum wage or whether they should be accrued above it is resolved in judicial practice in different ways.
Note! Most courts take the position that additional payment for night hours, holidays and weekends should be added to the salary and, in total, should not be less than the minimum wage.
This opinion is due to the fact that these payments relate to compensation (Part 1 of Article 129 of the Labor Code of the Russian Federation) and are included in the salary, and, accordingly, in its minimum amount. Such conclusions are contained in the ruling of the Supreme Court of the Russian Federation dated August 30, 2013 No. 93-KGPR13-2, the resolution of the Presidium of the Altai Regional Court dated February 10, 2015 in case No. 44G-6/2015, etc.
Read more: Is it possible to work as a teacher without higher education
At the same time, there are also opposing positions. For example, as set out in the ruling of the Perm Regional Court dated September 14, 2010 No. 33-8001.
The Ministry of Labor of the Russian Federation (letter dated September 4, 2018 No. 14-1/OOG-7353) and the Constitutional Court of the Russian Federation also expressed their position on the issue of whether night and holiday work is included in the minimum wage. According to the Ministry of Labor, the inclusion of the above payments in the minimum wage depends on how the employee performed work at night or on weekends (holidays) - within the limits of working hours or beyond them. The Constitutional Court of the Russian Federation insists that working at night, on weekends or holidays is a priori work beyond the norm, which means payment for such work should not be taken into account in the salary when compared with the minimum wage.
Conclusion! If the standard working time is exceeded due to work at night or on holidays, then additional payments should be accrued above the minimum wage.
Monthly bonus
Monthly incentive payments are not a guaranteed type of income, but are prescribed in the employment contract. According to Article 129 of the Labor Code of the Russian Federation, such periodic incentives are included in wages. Considering that the employee’s payment should not fall below the minimum established by the state, when asked whether the bonus is included in the minimum wage if it is paid every month, we answer that in this case the incentive additional payment is allowed to be counted as part of the minimum wage.
Is it possible to pay a bonus in excess of the minimum wage?
After the increase in the federal minimum wage, disputes are constantly ongoing between employers and subordinates regarding the amount of wages. According to Part 3 of Art.
133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has worked a full month (complied with working hours and labor standards) should not be lower than the federal minimum wage, the amount of which from May 1 is 11,163 rubles.
Not a single provision of the Labor Code of the Russian Federation states that the salary as a component of the monthly salary established by the employer should reach the federal minimum wage.
Is it necessary to make an additional payment up to the minimum wage if the employee’s bonus is reduced?
480 lawyers are now on the website. I work in the penal system. With the increase in the minimum wage, a controversial issue arose when calculating wages for convicts.
According to Article 129 of the Labor Code of the Russian Federation, wages include salary (or piecework earnings), as well as compensation and incentive payments. Payment to a team of 8 people is made at a complex rate - piecework earnings and additional payment for work at night, a bonus (since the team has fulfilled the agreed plan and has achieved production standards of more than 100%), regional coefficient.
The accrued salary (including bonus) ranged from 8,300 to 11,500 rubles. (depending on the category of the worker). The requirements of Article 133 of the Labor Code of the Russian Federation are met.
What is included in the minimum wage: what it is, what it depends on and what the indicator affects
quoted1 > > > The standard of living and well-being of the country's citizens directly depends on.
Thus, monthly wages in our country may be higher than this level, but not lower.
Smaller payments will be subject to labor laws and may lead to administrative or even criminal liability.
Minimum
Payment of bonus upon additional payment up to the minimum wage
For the site to work correctly, you must enable JavaScript support in your web browser settings. If your question concerns the activities of legal entities, you can ask it in the new PPT project for solving accounting and legal business issues. Edward May 14, 2015 11:10
print closed question Hello!
Minimum wage from 01/01/2015 is 5965.00 rub. An employee who has worked a full month with a salary of RUB 3,500.00.
decided to give an incentive bonus in the amount of 1000.00 rubles.
How to make payments correctly, option 1)
Is the quarterly bonus included in the calculation of the additional payment to the minimum wage?
480 lawyers are now on the website Consult a lawyer online Ask a lawyer 480 lawyers are ready to answer now Answer in 15 minutes The employee received the following payments in April: salary 3,000 rubles, additional payment up to the minimum wage 6,489 rubles.
and a bonus for the 1st quarter of 3500 rubles. Is it correct? Or do you need to subtract the amount of the bonus from the additional payment up to the minimum wage?
But then the meaning of the award is lost. May 28, 2021, 16:13, question No. 2008707 Moisha Abramovich Ivanov,
St. Petersburg Answers from lawyers (1) 6020 answers 1799 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation Good afternoon, First, the minimum wage is taken into account, each region has its own.
For example, in St. Petersburg, it is 17,000 rubles, as of 2021. The minimum wage is the guaranteed amount of wages for an employee, provided that the latter has worked a full working month. Then additional payments and bonuses are added to the minimum wage.
Compensation and incentive payments cannot be included in the minimum wage
June 23, 2010 1:16 pm Does the minimum wage include compensation and incentive payments when establishing an employee’s monthly salary?
Menstrual
Can quarterly bonuses be counted as minimum wage?
— — There is no upper limit for the regional minimum wage. The minimum wage rules apply only to relations with those employees with whom an employment contract has been concluded (Art.
56 Labor Code of the Russian Federation). Therefore, when signing a contract, paid services, etc. with an individual contractor, payment for his services does not need to be tied to the minimum wage.
The amount of payment (price) under such an agreement is established solely by agreement of the parties.
Attention Business
Question: Is it possible to make incentive payments (for example, a quarterly bonus) after an employee’s salary has been brought up to the minimum wage? Is the bonus included in the minimum wage? (Rostrud information portal “Onlineinspection.RF”, September 2015)
Is it possible to make incentive payments (for example, a quarterly bonus) after an employee’s salary has been brought up to the minimum wage?
Is the bonus included in the minimum wage? You have the right, after bringing the employee’s salary up to date, to make incentive payments to him. If the bonus is of a one-time nature, then it is not included in the salary; if the bonus is paid monthly on an ongoing basis and is a guaranteed payment for the employee, then such a bonus is included in the salary.
It should be taken into account that the monthly salary of an employee who has worked the full working hours cannot be lower than the minimum wage.
Legal basis: In accordance with the Labor Code of the Russian Federation, wages (employee remuneration) are remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal ones, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).
The State Duma is proposed to prohibit the inclusion of bonuses and allowances in the minimum wage
Employers may be prohibited from including other types of payments in their employees’ salaries, which amount to only one minimum wage (minimum wage): compensation, incentives and social payments. These payments must be paid in excess of the established minimum wage. The corresponding bill has been submitted to the State Duma.
Bill No. 523694-5
“On amendments to Articles 129, 133 and 144 of the Labor Code of the Russian Federation”
was developed by deputies Anatoly Aksakov and Viktor Shudegov. Articles 133 and 133.1 of the Labor Code of the Russian Federation determine the procedure for establishing the minimum wage and the amount of the minimum wage in a constituent entity of the Russian Federation, but the Labor Code of the Russian Federation does not contain their concepts.
In this regard, deputies state that “this gives rise to legal uncertainty.”
“This is being used by some employers to the detriment of the interests of employees.
Source: https://alfa-poisk.ru/mozhno-li-vyplatit-premiju-sverh-mrot-37355/
Quarterly and annual bonuses
Payments of periodic quarterly remuneration return to the question of whether a one-time bonus is included in the minimum wage or not. This remuneration is accrued once every three months, while the minimum wage must be paid to the employee every month. It is prohibited to distribute quarterly payments over several months, thus leveling the level of earnings.
The same applies to annual bonuses. It is not possible to compensate 11 months' salary up to the minimum level through a one-time bonus payment.
Is a one-time bonus included in the minimum wage?
In 2021, federal law fixed the minimum wage at 11,280 rubles. This means that the employee cannot receive wages below the established standard. What is included in the minimum wage is decided by the law and, in some cases, by the employer himself. For example, whether a one-time bonus is included in the minimum wage is determined by the manager. The total monthly payment should not be lower than 11,280 rubles. The manager has the right to lower or increase the salary in order to achieve the desired figure. The law allows the inclusion of additional payments to obtain the minimum wage. An employee who has worked the required number of hours in a month (without sick leave, vacations, absenteeism) can count on the minimum remuneration, which includes:
- one-time;
- monthly;
- incentive payments, social charges.
The minimum wage and bonuses are interconnected; it is allowed to pay extra bonuses in order to get the required figure and not violate the law that protects workers' rights. The exception is overtime and overtime, which are paid separately.
Additional payment on the occasion of a holiday
When deciding whether a holiday bonus is included in the minimum wage, you should remember that it is legal to include in it only the bonus paid for the current month, without transferring it to other periods. Therefore, if incentive bonuses for the occasion are not planned in the statutory documents for each calendar month, then they are not counted towards the minimum salary level.
Let us summarize how the additional payment to the minimum wage and the bonus relate to the accounting department of an enterprise. If the regulatory documents state that a bonus for work performed is paid monthly, only in this case is it or part of it used to achieve the required minimum salary. A one-time bonus is not taken into account in the minimum wage.
Legislative amendments
The Ministry of Labor explained its position on this issue in a letter dated June 5, 2018 No. 14-0/10/B-4085 and comments dated July 24, 2018 on its own portal. Is the bonus included in the minimum wage in 2021 in Russia: the latest news is of interest to both employers and citizens. The Ministry of Labor has prepared legislative amendments, where it is planned not to include bonuses and incentive allowances in the minimum amount.
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At the moment, legal norms remain the same. Therefore, it is necessary to compare the result payable with the “minimum wage”, excluding regional coefficients and allowances for work in special conditions from earnings, and this rule applies to both northern and non-northern regions.
