The minimum wage has been increased since July 1, 2021: changes, calculation examples. Regional minimum wage size

The minimum wage is the minimum wage of federal significance, which is fixed at the legislative level throughout the entire state space of the Russian Federation. This indicator may also have regional significance, which is taken depending on the economic situation in the region, but not lower than the federal one. The parameter under consideration is used to fix the lower salary threshold and determine the amount of various types of social benefits (including for temporary disability).

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Dynamics

Let's take a closer look at how this indicator has changed over the past twenty-plus years. It should be noted that in the 98th year of the last century there was a denomination of the currency, which led to the cutting off of some zeros in the monetary currency of our country.

Schedule. Minimum wage changes by year:

Table. Minimum wages by year in Russia:

* - this year the ruble was devalued, according to which the number of zeros on banknotes was reduced.

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Table of minimum wages by year

Until 2000, Russia had a system for establishing the minimum wage for employees of budgetary and commercial organizations, within the framework of which the minimum wage law was issued annually. Since 2000, the adopted normative act has not changed, but has been supplemented. The minimum wage was changed 18 times - from 132 rubles the amount increased to 11,280 rubles. Let's look at the minimum wage in Russia by year in the table.

The data given refers to the federal decree, that is, regional coefficients and other allowances are not taken into account. The minimum wage crossed the first threshold of one thousand rubles in 2006, and the threshold of 5 thousand rubles in 2013. The minimum salary for 2021 changed twice: first, the amount increased by 239 rubles and reached 6,204 rubles, and then increased to 7,500 rubles. From the table you can see that the minimum wage in 2015 is 5,965 rubles, and in 2021 the amount increased to 11,280 rubles. Over four years, the figure has almost doubled, but this is significantly slower than the rate of inflation. Moreover, with the increase in VAT to 20%, employers are required to raise wages to compensate for the high cost of goods and services.

In 2021, for the first time, the minimum wage coincided with the subsistence level, but only in fact. According to the law, the employee deducts 13% of the salary, and “in hand” receives an amount significantly less than the established minimum wage. The legislation of the Russian Federation also establishes what is included in the minimum wage:

• salary
• incentive payments;
• compensation.

You cannot pay employees below the established level. However, for payments less than the minimum wage, the following grounds apply:

1. If the employee worked less than 40 hours a week, did not work the required hours and did not fulfill labor obligations.
2. If the employee works part-time or part-time.

Who installs it and how?

According to Federal Law 82, which was adopted in 2000, this parameter throughout the Russian Federation can be established by the federal or regional government. In this case, the federal parameter is established only by the federal government, and the regional one - at a tripartite meeting of a special regional commission (Article 133.1).

In accordance with the content of the law, the exact date of change in the minimum wage does not have a fixed value and is set to any date during the calendar year. And the very intention to change it is announced by a special decree of the government of the Russian Federation.

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Minimum wage and living wage

Until January 1, 2021

In accordance with Article 1 of the Federal Law of June 19, 2000 N 82-FZ “On the minimum wage”, from January 1, 2021 and from January 1 of subsequent years, the minimum wage will be set in the amount of the subsistence minimum for the second quarter of the previous year:

Starting from January 1, 2021 and thereafter annually from January 1 of the corresponding year, the minimum wage is established by federal law in the amount of the subsistence level of the working-age population as a whole in the Russian Federation for the second quarter of the previous year.

If the cost of living of the working-age population as a whole in the Russian Federation for the second quarter of the previous year is lower than the cost of living of the working-age population as a whole in the Russian Federation for the second quarter of the year preceding the previous year, the minimum wage is established by federal law in the amount established from January 1 of the previous year.

What's in the regions?

According to the legislation of the Russian Federation, regional legislators, depending on their economic development and intraregional social conditions, have the right to set their own minimum wage, which may differ from the federal one.

The regional minimum wage is legally fixed at a meeting at which the value is agreed upon between the three responsible participants in the region: the regional government, the association of trade unions and the association of employers. After its adoption, all regional employers will be required to pay no less than this established value, unless they send an official refusal to the regional administration within 30 days. Information on the currently valid regional minimum wage can be obtained from the state labor inspectorate of the region.

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Minimum wage in Russia

Let's look at the table, which shows the dynamics of growth of the indicator by year - from 2008 to 2021.

Based on the tabular data, we can conclude that in recent years there has been an active growth rate of this indicator. The closer we get to 2017-2018, the more the minimum wage increases. In practice, there are several cases in which the recalculation of this value was observed 2 times a year, in particular in 2021, 2021, and changes occurred twice a year in 2001, 2005.

What is it used for?

The minimum wage is intended to be able to influence the lower salary threshold in Russia, as well as to establish various social benefits (pregnancy, temporary disability, and so on). The minimum threshold gives a signal to all Russian employers that they must pay their employees a salary not lower than the minimum wage.

This parameter is also used to calculate on its basis tax deductions, penalties and other levies that are established by law in the territory of the Russian Federation. Employers do not have the legal right to pay an employee a monthly salary below the minimum wage, but there are exceptions. Such an exception is the employee’s part-time or part-time work - in this case, the salary may be lower than the minimum wage.

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Minimum wage and increase in benefits

Due to the increase in the minimum wage, the amounts of several social benefits to the population are increasing. Namely: sick leave, for pregnancy and childbirth and for caring for a child up to one and a half years old. This is due to the fact that average daily earnings are increasing.

If the bill is not adopted, in 2021 the average daily earnings will be 407.41 rubles. It is guaranteed to be paid for every day of illness or maternity leave, even if the employee’s standard salary is lower or did not exist at all in the pay period. This amount is also used as a guide when issuing sick leave - if an employee received more than the minimum wage, but violated the treatment regimen or fell ill due to intoxication, then the calculation will be carried out according to the minimum wage.

What are the fines?

According to the Code of Administrative Offenses (clause 6 of Article 5.27), employers, if the salary they pay to an employee is less than the minimum wage, they face the following penalties:

• from 10 thousand to 20 thousand rubles - for persons holding responsible positions;
• from 30 thousand to 50 thousand rubles - for legal entities;
• from 1 thousand to 5 thousand rubles - for individuals carrying out entrepreneurial activities without legal registration.

How the calculation of PM has changed since 2021

Previously, the cost of living was always set on the basis of data on the cost of the consumer basket for the previous period. For example, data on the cost of essential products for the 1st quarter of 2021 forms the PM for the 3rd quarter of 2021, data for the 2nd quarter of 2021 - respectively, for the 4th quarter of 2021, and so on.

Now the calculation is based on the average wage of the population.

In addition, another innovation has been introduced. The previously used system of quarterly establishment of PM has been abolished. Now the indicator will be calculated once for the whole year.

A screenshot of resolution 2207-PP can be found below:

Why do we need a living wage?

The cost of living for different population groups is taken into account in many cases. For example:

• To establish a minimum wage in the region;
• for the formation of one-time benefits: for the birth of children, for people in difficult situations, for the adoption of children;
• to establish the amount of monthly payments for children and compensation for single mothers;
• payment of subsidies for utility costs and housing costs;
• establishing the amount of scholarships;
• calculating the amount of alimony, as well as in some other situations.

Table: changes in the cost of living in Moscow by year

Calculation of sick leave based on the minimum wage from July 1, 2021 (example)

Example . Calculation of sick leave based on the minimum wage from July 1, 2021 Ivanova has been working in the company since January 11, 2021. This is her first job. From June 1, 2021, she went on maternity leave for 140 calendar days (until October 18, 2016). At the time of going on maternity leave, my work experience was less than six months.

In the billing period - 2014 and 2015 - there was no income. From January 1 to June 30, 2021, the minimum daily earnings are 203.97 rubles. (RUB 6,204 × 24 months: 730 days). But since Ivanova’s work experience was less than six months, the monthly benefit should not exceed the minimum wage.

When assigning benefits in May, the accountant took into account the maximum for June, July, August, September - 6204 rubles, for October - 3602.33 rubles. (6204: 31 days × 18 days).

Monthly benefit calculation:

• for June and September - 6119.10 rubles. (RUB 203.97 × 30 days);
• for July and August - 6323.07 rubles. (RUB 203.97 × 31 days);
• for October - 3671.46 rubles. (RUB 203.97 × 18 days);

Since in July, August and October the benefit was more than the maximum, it was limited to the monthly minimum wage. Therefore, at the time of going on maternity leave, the benefit amounted to 6119.10 rubles. × 2 months + 6204 rub. × 2 months + 3602.33 rub. = 28,248.53 rub.

After the minimum wage increased to 7,500 rubles from July 1, 2021, it turned out that the benefit for July, August and October does not exceed the minimum wage. Therefore you need to pay extra:

(RUB 6,323.07 – RUB 6,204) × 2 months. + 3671.46 rub. — 3602.33 rub. = 307.27 rub.

Minimum average daily earnings for calculating sick leave from July 1 - 2021

Benefits for temporary disability and maternity benefits cannot be less than benefits taking into account the minimum wage.

From July 1, 2021, the minimum earnings for the billing period are 180,000 rubles. (7500 rubles × 24 months), minimum average daily earnings - 246.58 rubles. (RUB 7,500 × 24 months: 730 days).

Therefore, before accruing benefits to the employee, the actual daily earnings are compared with the minimum - 246.58 rubles. Taking into account the value that turns out to be greater, the benefit is assigned.

Application and refusal of regional minimum wage

The agreement on the regional minimum wage is not a law and becomes binding only for the one who accepted it. The agreement is published in regional media. Afterwards, the employer has 30 days to write to the regional administration an application for refusal to apply the regional minimum wage. It must state the reasons why the company will not pay employees the regional minimum wage. The refusal can be explained by a reduction in sales, a drop in demand for products, etc.

If no such application is received within the specified period, it is considered that the employer has agreed to the published agreement.

If the company does not send a refusal and does not raise wages to the level of the regional minimum wage, labor inspectors during the inspection will have the right to fine the organization 50 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In addition, the courts may find that in some cases, employees must be paid based on the regional minimum wage, even if the company does not comply with it. But if an employee works a reduced schedule, then the salary can be paid less than the minimum wage.

It should also be remembered that the regional minimum wage is not established for employees of institutions financed from the federal budget (Article 133.1 of the Labor Code of the Russian Federation). This means that if employees’ salaries are higher than the federal minimum, the institution has the right not to raise wages. Judges also think the same (appeal ruling of the Moscow City Court dated March 24, 2015 No. 33-3285).

When should a regional minimum wage be applied?

Let's consider two situations from judicial practice on the application of regional minimum wages.

With a shortened schedule, the salary may be less than the regional minimum wage.

The company hired an employee for a 20-hour work week. I issued an order and an employment contract. Six months later, the employee resigned of his own free will. The company issued wages for the last month and compensation for unused vacation. The employee decided that he was underpaid because the salary was below the regional minimum wage.

The court found that the employee only worked 20 hours a week. Therefore, all payments upon dismissal must be calculated in proportion to the time worked (determination of the St. Petersburg City Court dated May 27, 2014 No. 33-7286/2014).

The company has the right to set a reduced schedule for the employee, but only by agreement of the parties (Article 93 of the Tax Code of the Russian Federation). There is no need to reduce the number of vacation days due to a shortened schedule. The time worked is already taken into account in payments, of which vacation pay is counted (clause 12 of the Regulations, approved by Resolution No. 922 of December 24, 2007)

Payments upon dismissal must be calculated based on the regional minimum wage, even if the salary in the employment contract is lower.

Upon dismissal, the employee was given back wages and compensation for unused vacation. But the employee did not agree with the amount of payments and went to court. The reason was that the salary was below the regional minimum wage.

All companies are required to adhere to the local minimum wage. In this case, the terms of the employment contract do not matter (determination of the St. Petersburg City Court dated July 2, 2015 No. 33-9180/2015).

The company has the right to refuse the regional minimum wage (see material above). But refusal may not be accepted. It is safer to write in detail about the reasons for the refusal. For example, you can refer to a drop in sales, difficulties in obtaining a loan, etc.