"Personnel officer. Labor law for personnel officer", 2010, N 1
SCOPE OF REGIONAL MINIMUM WAGE AGREEMENTS
The article describes in what cases employers of an entire industry or an entire region are automatically considered to have entered into a social partnership agreement, and when this can be avoided.
Dictionary of labor law. Agreement is a legal act regulating social and labor relations and establishing general principles regulation of related economic relations, concluded between authorized representatives of workers and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.
Types of agreements
Depending on the scope of regulated social and labor relations, labor legislation distinguishes between general, interregional, regional, sectoral (intersectoral), territorial and other agreements.
Article 48 of the Labor Code of the Russian Federation establishes a number of fundamental provisions regarding the validity of social partnership agreements for a circle of persons.
For industry agreements, Parts 7 - 10 of Art. 48 of the Labor Code of the Russian Federation establishes a procedure for extending their effect to employers who are not members of the relevant association of employers and who have not authorized this association to conclude an agreement.
To other agreements mentioned in Art. 45 of the Labor Code of the Russian Federation, regional agreements on the minimum wages, concluded in accordance with Art. 133.1 Labor Code of the Russian Federation.
Features of minimum wage agreements
The development of a draft regional agreement on the minimum wage and the conclusion of this agreement are carried out by a tripartite commission for regulating social and labor relations of the relevant entity Russian Federation in the manner established for concluding social partnership agreements (Article 47 of the Labor Code of the Russian Federation).
After concluding a regional agreement on the minimum wage, the head of the authorized body executive power of a constituent entity of the Russian Federation invites employers operating on the territory of this constituent entity of the Russian Federation and who did not participate in the conclusion of this agreement to join it. This proposal is subject to official publication along with the text of this agreement. The head of the authorized executive body of the constituent entity of the Russian Federation notifies the federal executive body exercising the functions of developing public policy and legal regulation in the field of labor.
Refusal to join and its consequences
According to Part 8 of Art. 133.1 of the Labor Code of the Russian Federation, if employers operating on the territory of the relevant constituent entity of the Russian Federation, within 30 calendar days from the date of official publication of the proposal to join the regional agreement on the minimum wage, have not submitted a motivated statement to the authorized executive body of the constituent entity of the Russian Federation written refusal join it, then the specified agreement is considered extended to these employers from the date of official publication of this proposal and is subject to mandatory execution by them. The said refusal must be accompanied by a protocol of consultations between the employer and the elected body of the primary trade union organization uniting employees of this employer, and proposals for the timing of increasing the minimum wage of employees to the amount provided for in the specified agreement.
If the employer refuses to accede to the regional agreement on the minimum wage, the head of the authorized executive body of the constituent entity of the Russian Federation has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the tripartite regulatory commission social and labor relations of the corresponding subject of the Russian Federation. Representatives of the employer, representatives of the elected body of the primary trade union organization and representatives of the said tripartite commission are required to take part in these consultations.
The adoption of the specified procedure for extending the agreement to employers, similar to the procedure for extending the federal industry agreement to employers, indicates the normative nature of the social partnership agreement, which should be reflected in the standard of definition contained in Art. 45 Labor Code of the Russian Federation.
An indication of the normative nature of social partnership agreements will avoid inconsistencies with Art. 45 of the Labor Code of the Russian Federation to the provisions of Part 2 of Art. 76 of the Constitution of the Russian Federation, according to which on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (labor legislation refers to joint management Russian Federation and constituent entities of the Russian Federation) are published federal laws and laws and other regulatory legal acts of constituent entities of the Russian Federation adopted in accordance with them.
There is no need to infringe on the employer either!
It should be recognized that the absence of clear criteria by which the authorized executive body of a constituent entity of the Russian Federation will evaluate the employer’s reasoned written refusal to join the agreement may cause a limitation of the rights of employers. Based on the fact that the executive body represents only one of the parties to the social partnership, it is advisable to grant the right to assess the possibility of extending the agreement to a specific employer not to the executive body, but to the regional commission for regulating social and labor relations (in relation to industry agreements, this should be an industry commission on regulation of social and labor relations).
The procedure established by law for extending the minimum wage agreement is, as a rule, observed in the regions. For example, simultaneously with the publication of the Minimum Wage Agreement in Krasnodar region, concluded by the administration of the Krasnodar region, the Krasnodar regional territorial association of trade union organizations "Kraisovprof", the regional (regional) association of employers "Federation of employers' associations of Kuban" dated 03/20/2008, a letter from the head of the Department was published social protection population of the Krasnodar Territory to employers who are not members of the regional association of employers "Federation of Employers' Associations of Kuban", with a proposal to join this Agreement ("Kuban News" dated April 10, 2008 N 59).
The agreement on the minimum wage in the city of Moscow for 2009 between the Moscow Government, Moscow trade union associations and Moscow employers' associations dated December 24, 2008 established a minimum wage in the territory of Moscow from January 1, 2009 in the amount of 8,300 rubles, from May 1, 2009 in in the amount of 8500 rub. and from 09/01/2009 in the amount of 8,700 rubles. The Agreement establishes that the amount of the minimum wage includes the minimum amount of payments to an employee who has worked the monthly standard of working time established by Russian legislation and has fulfilled his job responsibilities(labor standards), including tariff rate(salary) or remuneration under a non-tariff system, as well as additional payments, allowances, bonuses and other payments, with the exception of payments made in accordance with Art. Art. 147, 151, 152, 153 Labor Code of the Russian Federation. In accordance with clause 3 of the Agreement, it applies to employers operating in the territory of Moscow who have joined in the manner prescribed by Art. 133.1 Labor Code of the Russian Federation.
When the Agreement was published in the newspaper "Tverskaya, 13" dated January 13, 2009 No. 1, a proposal from the head of the authorized executive body of Moscow to employers operating in the territory of Moscow and not participating in the conclusion of the Agreement to join it was also published . This is extremely important for compliance with the legal procedure, otherwise employers would be deprived of the right to submit a reasoned refusal to accede to the Agreement.
It should be noted that with regard to the validity of regional agreements on the minimum wage, legislation and the agreements themselves establish a differentiated approach depending on the employer’s source of funding. By general rule these Agreements do not apply to organizations financed from federal budget. Thus, the Agreement on the minimum wage in the Kabardino-Balkarian Republic for 2009 dated December 25, 2008 applies to organizations - legal entities, individual entrepreneurs without forming a legal entity, operating in the Kabardino-Balkarian Republic, having concluded this Agreement or acceding to it, with the exception of organizations financed from the federal budget. The already mentioned Agreement on the minimum wage in the Krasnodar Territory does not apply to organizations financed from the federal, regional and municipal budgets. Thus, the rights of workers financed from the federal, regional and municipal budgets are limited, which is in no way consistent with the provisions of Art. 3 of the Labor Code of the Russian Federation on the inadmissibility of restricting labor rights and freedoms or obtaining advantages depending on circumstances not related to business qualities employee.
Based on the foregoing, we can conclude that it is necessary to further improve the legislation on regional agreements, bringing it into line with generally accepted principles and norms of international labor law.
Bibliography
1. Ivanov A. Joining the association of employers. Who makes the decision? // Personnel officer. Labor law for personnel officers. 2009. N 9. P. 35.
2. Bogatov I. Minimum wage by agreement // EZh-Lawyer. 2007. N 16.
3. Soshnikova T. A. Problems of improving legislation on social partnership// Labor law. 2008. N 12.
4. Ivanov A. B. Industry tariff agreement: features and problems // Labor and social relations. 2008. N 7.
5. Ivanov A. B. Regulatory legal acts on the labor of workers of the hydrometeorological service // Personnel. Labor law for personnel officers. 2008. N N 4 - 5.
A. Ivanov
deputy general director
All-Russian industry
associations of employers
"Union of Nuclear Employers
industry, energy
and science of Russia"
Signed for seal
The Government of St. Petersburg, the public organization Interregional St. Petersburg and the Leningrad Region association of trade union organizations "Leningrad Federation of Trade Unions" (hereinafter referred to as the Trade Unions) and the regional association of employers "Union of Industrialists and Entrepreneurs of St. Petersburg" (hereinafter referred to as the Employers), hereinafter referred to as the Parties, on the basis of Article 133.1 of the Labor Code of the Russian Federation, we have entered into this Agreement as follows.
1. Subject of this Agreement
1.1. Establish a minimum wage in St. Petersburg from January 1, 2018 in the amount of 17,000 rubles. In this case, the tariff rate (salary) of a 1st category worker should not be less than 13,500 rubles.
1.2. The parties agreed that the amount of the minimum wage is not a limitation for the implementation of higher wage guarantees and includes the minimum amount of payments to an employee who has worked the standard working hours established by the legislation of the Russian Federation and has fulfilled labor standards (job duties), including the tariff rate (salary ) or wages under a non-tariff system, as well as additional payments, allowances, bonuses and other payments, with the exception of payments made in accordance with , , , , 154 of the Labor Code of the Russian Federation.
1.3. Monthly salary of an employee working in the territory of St. Petersburg and consisting of labor relations with the employer in respect of whom this Agreement applies, cannot be lower than the minimum wage established in paragraph 1.1 of this Agreement, provided that the specified employee has fully worked the standard working hours during this period and fulfilled the labor standards (job duties).
2. Obligations of the Parties
2.1. The parties undertake:
2.1.1. Control and monitor the implementation of this Agreement.
2.1.2. Consider the results of monitoring the implementation of this Agreement within the framework of the Tripartite Commission of St. Petersburg for the regulation of social and labor relations.
2.2. The Government of St. Petersburg undertakes:
2.2.2. Provide funding for the implementation of this Agreement in full for organizations financed from the budget of St. Petersburg.
2.3. Employers undertake to establish by collective agreements, agreements, and local regulations a minimum wage in an amount not lower than the amount established in clause 1.1 of this Agreement.
2.4. Trade unions undertake:
2.4.1. Initiate the inclusion in collective bargaining agreements and agreements of provisions on establishing the minimum wage in accordance with clause 1.1 of this Agreement.
2.4.2. Monitor the implementation of this Agreement in the manner prescribed by federal legislation and the legislation of St. Petersburg.
3. Responsibility of the Parties
In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties bear responsibility under federal legislation and the legislation of St. Petersburg.
4. Validity of this Agreement
4.1. This Agreement applies to organizations - legal entities, individual entrepreneurs without forming a legal entity, operating in the territory of St. Petersburg, having entered into this Agreement or acceding to this Agreement in accordance with, with the exception of organizations financed from the federal budget.
4.2. The agreements reached by the parties remain in force until a new Agreement is concluded or amendments and additions are made to this Agreement.
Governor of St. Petersburg
G.S.Poltavchenko
Chairman of a public organization
Interregional St. Petersburg and
Leningrad region association
trade union organizations "Leningradskaya
Federation of Trade Unions"
V.G. Derbin
President of the regional association
employers "Union of Industrialists
and entrepreneurs of St. Petersburg"
A.A.Turchak
Appeal to employers in St. Petersburg
Committee on Labor and Employment of the Population of St. Petersburg (190000, St. Petersburg, Galernaya st., 7), being authorized body executive power of St. Petersburg in the field of regulation of social and labor relations, notifies employers operating in the territory of St. Petersburg about the following.
In St. Petersburg, on September 20, 2017, a Regional Agreement on the minimum wage in St. Petersburg for 2018 was concluded between the government of St. Petersburg, public organization Interregional association of St. Petersburg and Leningrad region trade union organizations "Leningrad Federation of Trade Unions", regional association of employers "Union of Industrialists and Entrepreneurs of St. Petersburg".
The said agreement in in the prescribed manner passed notification registration with the Committee for Labor and Employment of the Population of St. Petersburg (registration No. 323/17-C dated September 20, 2017).
In accordance with Article 133.1 of the Labor Code of the Russian Federation, I invite employers operating in St. Petersburg and who did not participate in the conclusion of this agreement to join it.
Please note that if employers operating on the territory of St. Petersburg and who did not participate in the conclusion of this agreement, within 30 calendar days from the date of publication of this proposal do not submit to the Committee on Labor and Employment of the Population of St. Petersburg a reasoned written refusal to join it , then the specified agreement is considered to apply to these employers.
The said refusal must be accompanied by a protocol of consultations between the employer and the elected body of the primary trade union organization uniting employees of this employer, and proposals for the timing of increasing the minimum wage of employees to the amount provided for in the specified agreement.
Employers paying employees wages of more than 17,000 rubles do not need to send refusals to join the Regional Agreement on the Minimum Wage in St. Petersburg.
Chairman of the Labor Committee
and employment of the population of St. Petersburg,
Coordinator of the Tripartite Commission
St. Petersburg, representing the authorities
state power St. Petersburg,
D.S. Cherneyko
Official
electronic text
IPS "Kodeks"
Electronic document text
prepared by Kodeks JSC and verified against:
Petersburg Diary, N 180 (1652),
September 26, 2017
- 9950
- 8500
- 7500
From 04/30/2014 (as amended on 08/31/2016).
- 7700 (for organizations financed from regional and local budgets)
- 7500 (for organizations funded from the federal budget)
Art. 1 of the Law of June 19, 2000 No. 82-FZ on the minimum wage.
- 9300 (for outside budgetary organizations)
- 7700 (for organizations financed from regional and local budgets)
- 6204 (for organizations funded from the federal budget)
Regional agreement on the minimum wage in the Tyumen region dated April 30, 2014 (as amended on November 24, 2015).
- 9300 (for non-budgetary organizations)
- 7160 (for organizations financed from regional and local budgets)
Regional agreement on the minimum wage in the Tyumen region dated April 30, 2014 (as amended on June 24, 2015).
- 8934 (for extra-budgetary organizations)
- 7160 (for organizations financed from regional and local budgets)
- 5965 (for organizations funded from the federal budget)
Regional agreement on the minimum wage in the Tyumen region dated April 30, 2014 (as amended on December 31, 2014).
- 8934 (for non-budgetary organizations)
- 5965 (for organizations financed from regional and local budgets)
- 5965 (for organizations funded from the federal budget)
Art. 1 of the Law of June 19, 2000 No. 82-FZ on the minimum wage. Regional agreement on the minimum wage in the Tyumen region dated April 30, 2014 (as amended on December 31, 2014).
- 8305 (for non-budgetary organizations)
- 5650 (for organizations financed from regional and local budgets)
Regional agreement on the minimum wage in the Tyumen region dated April 30, 2014.
- 7970 (for extra-budgetary organizations)
- 5600 (for organizations financed from regional and local budgets)
- 5554 (for federally funded organizations)
Regional agreement on the minimum wage in the Tyumen region dated April 28, 2011 No. 6-11C.
- 7970 (for non-budgetary organizations)
- 5554 (for all state employees)
Art. 1 of the Law of June 19, 2000 No. 82-FZ on the minimum wage. Regional agreement on the minimum wage in the Tyumen region dated April 28, 2011 No. 6-11C.
Note to the table: The updated minimum wage values for a specific date are highlighted in bold. The values in the Tyumen region for 2014, 2015, 2016, 2017 are given. These minimum wage values are used in the cities of: Tyumen, Tobolsk, Ishim, Yalutorovsk, Zavodoukovsk and others populated areas Tyumen region.
About the minimum wage in the region
The lowest wage in the country, used both as a lower limit for wages and as a parameter for calculating social assistance, is called the minimum wage.
The indicator is set by the Federal Government after setting the subsistence minimum for the period. According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage is not lower than the subsistence level. To live, you need to have money for it. For what minimal amount you have to live on money - that’s what a living wage is.
PM varies from region to region because the standard of living and economic development. Therefore, the minimum salary is different. There is no contradiction between federal and regional salaries, because The Labor Code itself states that the authorities of the subject themselves set the salary. They gather together with trade unions and representatives of the administration and vote on the agenda. If each group is in favor of the majority of votes, the Agreement on the new MPZ is accepted. It is then published for everyone to see.
In the Tyumen region, TSK operates on the basis of the regional Law “On the regulation of labor relations in the Tyumen region”. No more than 45 people sit in it, 15 from each side.
The Law on Administrative Offenses does not contain clarifications on labor violations, therefore, when attracting workers, they are guided by federal codes. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine for labor violation– 1000 rubles. According to Article 145.1 of the Criminal Code of the Russian Federation, for non-payment of an increase to the previous minimum wage within 3 months (if it is 50% of the previous minimum) - 1 year of imprisonment.
Change
The minimum wage in the Tyumen region has changed since January 1, 2017 for a number of organizations and enterprises in the region. This became known from official sources. Close to local authorities. However, the positive disruptions did not affect everyone. For example, representatives of the region remained without the attention of officials public services subsidized from the federal budget.
Who actually received bonuses in Tyumen, and what immediate prospects await local residents - we will try to answer these and other questions in as much detail as possible in this article.
Features of local legislation
People following government changes in the field of the budget and its individual aspects, they know that relatively recently in Russian practice The concept of regional minimum wage was introduced. Here local data is used for calculations, which are taken from various spheres of citizens’ lives:
- Consumer basket;
- Food basket;
- Cost of social services;
- Cost of utilities, etc.
Most subjects of the Russian Federation use this type the minimum wage, using a special coefficient by which the state minimum wage received annually is multiplied.
We also remind you that, in accordance with the Labor Code of the Russian Federation, this value should not be less than the subsistence minimum, which is issued every quarter. And it is for this reason that some regions use a more effective and fair methodology for calculating the minimum wage, which consists in stably linking this phenomenon to the actual minimum subsistence level in the region.
This is what the Tyumen government did. Despite any movements and amendments to the Law “On the Minimum Wage”, this territory has its own accrual system. The result lives up to expectations. Today the regional minimum wage in the region is:
- For extra-budgetary enterprises – 9950 rubles;
- For organizations financed from the local budget – 8,500 rubles;
- For budget-funded enterprises under federal control – 7,500 rubles.
The last group is an exception, since here the “minimum wage” is calculated in accordance with the current federal minimum wage. It should soon increase, since on July 1, 2017, changes to the Law “On Minimum Wages” come into force, which provide for the indexation of wages and an increase in its minimum value by 4%, or, in numerical terms, 300 rubles. Thus, in the middle of summer the minimum salary government workers will be equal to 7800 rubles.
Value difference
Get 200 video lessons on accounting and 1C for free:
Not everyone may understand the situation with the difference in concepts between the federal and regional indicators. Let's try to briefly explain it. The federal minimum wage is the basis for government calculations regarding:
- Social payments;
- Insurance;
- Fines;
- Benefits and compensations;
- Financial obligations of individual entrepreneurs and enterprises.
That is, average figures taken throughout the country are used here as a valid tool. And they are the basis for assigning a particular amount of payments.
Read also: Reducing units of measurement
Regional minimum wage is a more subtle concept that was introduced for accurate calculations in the context of specific regions and territories of the country. Thus, each region of the Russian Federation is assigned its own coefficient based on the characteristics domestic market and the current way of life. Any factors related to everyday life and professional activity citizens.
Sometimes federal and regional indicators may coincide. And in some cases the second concept is not used at all by decision local authorities. The Tyumen region has its own system, based on a tripartite agreement between the government, trade unions and employers. It is as a result of its signing that each enterprise undertakes to pay its employees no less than the subsistence minimum established for the previous quarter. In this case, this amount is 9,950 rubles for private businesses and 8,500 for local public sector employees.
Responsibility for failure to fulfill obligations
There are ways to refuse compliance with the requirements of local authorities by agreement of the three parties. To do this, you must write a corresponding application to the Labor Committee and indicate the reasons for insolvency, or any others. It is also necessary to meet the 30-day deadline after signing the document.
If the organization does not carry out this event on time, it undertakes to act in accordance with the accepted procedure and pay its employees at the level of the regional minimum wage. If for some reason the employer refuses or actually does not fulfill its financial obligations to employees, administrative liability is applied to it, expressed in fines.
When it comes to an official working in a company, the amount can reach 5,000 rubles. For legal entities it is many times larger and ranges from 30 to 50 thousand rubles upon detection of the first offense. For repeated failures, penalties are doubled.
REGIONAL AGREEMENT ON MINIMUM WAGE IN THE TYUMEN REGION (as amended: 04/28/2017)
REGIONAL AGREEMENT ON MINIMUM WAGE IN THE TYUMEN REGION
(as amended by Additional Agreements No. 1 of December 31, 2014. No. 2 of June 24, 2015, No. 3 of November 24, 2015, No. 4 of August 31, 2016, No. 5 of April 28, 2017)
The Government of the Tyumen Region represented by the Governor of the Tyumen Region Vladimir Vladimirovich Yakushev, acting on the basis of the Charter of the Tyumen Region. The Tyumen Interregional Association of Trade Union Organizations "Tyumen Regional Council of Trade Unions" represented by the Chairman Mikhail Nikolaevich Kivatsky, acting on the basis of the Charter, and the Union "Association of Employers of the Tyumen Region" represented by the Chairman of the Board Dmitry Yuryevich Goritsky, acting on the basis of the Charter, hereinafter referred to as The parties, guided by Article 133.1 Labor Code Russian Federation. In order to increase the income and quality of life of the population of the Tyumen region, we have concluded this Regional Agreement on the minimum wage in the Tyumen region (hereinafter referred to as the Agreement).
I. Subject of the Agreement
2.2. The monthly salary of an employee (with the exception of employees of organizations financed from the federal budget) who has fully worked the standard working hours during this period and fulfilled the labor standards (labor duties) and is in an employment relationship with the employer in respect of whom this Agreement applies cannot be below the minimum wage established by this Agreement.
2.3. The minimum wage in the Tyumen region cannot be lower than the minimum wage established by Federal Law.
2.4. In the Tyumen region the minimum wage is established:
2.4.1. For employees of budgetary, government, autonomous institutions and autonomous non-profit organizations, established by the Tyumen region or municipalities Tyumen region, from May 1, 2014 - in the amount of 5650 (Five thousand six hundred fifty) rubles, from January 1, 2015 - in the amount of 5965 (Five thousand nine hundred sixty five) rubles, from March 1, 2015 - in the amount of 7160 (Seven thousand one hundred sixty) rubles, from January 1, 2016 - in the amount of 7,700 (Seven thousand seven hundred) rubles, from January 1, 2017 - in the amount of 8,500 (Eight thousand five hundred) rubles.
2.4.2. For employees of the non-budgetary sector of the economy from May 1, 2014 - in the amount of 8305 (Eight thousand three hundred five) rubles, from January 1, 2015 - in the amount of 8934 (Eight thousand nine hundred thirty-four) rubles, from July 1, 2015 - in the amount of 9300 ( Nine thousand three hundred) rubles, from September 1, 2016 - in the amount of 9950 (Nine thousand nine hundred fifty) rubles.
(clause 2.4 as amended by Additional Agreement No. 4 dated August 31, 2016)
2.5. The minimum wage established by clause 2.4 of this Agreement is not a limitation for the implementation of higher wage guarantees.
2.6. Changes in the size of the minimum wage and the timing of its establishment are carried out by the regional tripartite commission for the regulation of social and labor relations in the manner established for the conclusion of this Agreement.
III. Obligations of the Parties
3.1. To ensure the implementation of this Agreement, the Parties jointly take measures to ensure the accession to this Agreement of employers operating in the Tyumen region and not participating in the conclusion of this Agreement, including taking part in consultations with representatives of the employer who refused to accede to this Agreement and representatives of the elected body of the primary trade union organization uniting employees of a given employer.
3.2. The Tyumen Interregional Association of Trade Union Organizations "Tyumen Regional Council of Trade Unions" and the Union "Association of Employers of the Tyumen Region" jointly:
3.2.1. Take measures to establish wage systems in local regulations at a level that ensures the monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties), not lower than the minimum wage established by this Agreement.
3.2.2. Take measures to prevent unjustified reductions in wages, including through unjustified reductions in compensation, incentives and social payments, reducing inter-category tariff coefficients or expanding the list of grounds and increasing the amount of deductions from wages.
3.3. The Government of the Tyumen Region publishes in the official publications of the Tyumen Region the text of the Agreement and the proposal to join the Agreement by employers operating in the Tyumen Region and not participating in its conclusion, within 10 days from the date of signing this Agreement.
IV. Procedure for joining the Agreement
4.1. The Government of the Tyumen Region, in order to implement Article 133.1 of the Labor Code of the Russian Federation and this Agreement, acts both directly and through the Department of Labor and Employment of the Tyumen Region.
4.2. After the conclusion of this Agreement, the director of the Department of Labor and Employment of the Tyumen Region invites employers operating in the Tyumen Region and who did not participate in the conclusion of this Agreement to join it. The said proposal is subject to official publication along with the text of this Agreement.
Read also: Is sick leave included in work upon dismissal?
The Director of the Department of Labor and Employment of the Tyumen Region notifies the Ministry of Labor and Social Protection of the Russian Federation about the publication of the text of the Agreement and the specified proposal to join the Agreement.
4.3. If employers operating in the Tyumen region, within 30 calendar days from the date of official publication of the proposal to join this Agreement, do not submit to the Department of Labor and Employment of the Tyumen Region a reasoned written refusal to join it, then this Agreement is considered to apply to these employers with day of official publication of this proposal and is subject to mandatory execution by them.
4.4. If the employer refuses to accede to the Agreement, the Department of Labor and Employment of the Tyumen Region holds consultations with the participation of representatives of the parties to the regional tripartite commission for the regulation of social and labor relations, representatives of the employer and representatives of the elected body of the primary trade union organization uniting employees of this employer.
4.5. Copies of employers' written refusals to join the Agreement are sent by the Department of Labor and Employment of the Tyumen Region to State inspection labor in the Tyumen region.
V. Duration and scope of the Agreement
5.1. This Agreement comes into force on May 1, 2014 and is valid until the conclusion of a new regional agreement on the minimum wage in the Tyumen region, but not more than three years.
The parties have the right to extend the Agreement once for a period of no more than three years by signing an Additional Agreement in the manner prescribed by clause 6.1 of this Agreement.
(paragraph introduced by Additional Agreement No. 5 dated April 28, 2017)
5.2. The Agreement applies to:
5.2.1. Executive authorities of the Tyumen region.
5.2.2. Workers who are members of primary trade union organizations that are members of the Tyumen Interregional Association of Trade Union Organizations Tyumen Regional Council of Trade Unions.
(as amended by Additional Agreement No. 5 dated April 28, 2017)
5.2.3. Employers, including individual entrepreneurs, members of the Union "Association of Employers of the Tyumen Region", as well as employers who are not members of the Union "Association of Employers of the Tyumen Region", but who authorized the said Association on their behalf to participate in collective bargaining and enter into an Agreement, as well as those who joined to him after his imprisonment.
(as amended by Additional Agreement No. 5 dated April 28, 2017)
Termination of membership in the Union "Association of Employers of the Tyumen Region" does not exempt the employer from fulfilling the Agreement. An employer who has joined the Union of Employers of the Tyumen Region is obliged to fulfill the obligations stipulated by the Agreement.
(as amended by Additional Agreement No. 5 dated April 28, 2017)
5.2.4. Employers who have not submitted a reasoned written refusal to accede to the Agreement within 30 calendar days from the date of its publication in official sources Tyumen region.
VI. Final provisions
6.1. Amendments and additions to this Agreement are made by the regional tripartite commission for the regulation of social and labor relations in the manner prescribed for its conclusion.
6.2. Control over the implementation of this Agreement is carried out by the Parties that entered into it, as well as by the regional tripartite commission for the regulation of social and labor relations.
6.3. When monitoring the implementation of this Agreement, the Parties undertake to provide each other with all the information necessary for this.
6.4. This Agreement is signed in four original copies, each of which has the same legal force, one copy for each of the Parties, one copy - to the Department of Labor and Employment of the Tyumen Region, which carries out notification registration.
Chairman of the Tyumen Interregional Association
trade union organizations "Tyumen Regional Council
trade unions"
M.N.KIVATSKY
Chairman of the Board of the Regional Association
employers "Union of Employers of the Tyumen Region"
D.Yu.GORITSKY
REGIONAL AGREEMENT ON MINIMUM WAGE IN THE TYUMEN REGION (as amended: 04/28/2017)
Minimum wage in the Tyumen region from January 1, 2017
Since January 1, 2017, the minimum wage in the Tyumen region has changed, but not for all organizations. And underpaying workers is now dangerous: low wages lead to unscheduled inspections by the labor inspectorate.
Companies in the Tyumen region will need to revise salaries in 2017. On January 1, 2017, the minimum wage in the region changed. If you pay employees below the permitted minimum, then a fine of 50 thousand rubles is possible (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Minimum wage in the Tyumen region from January 1, 2017
The minimum wage has changed only for employees of budgetary organizations (clause 2.4.1 of the agreement dated August 31, 2016 No. 4). The minimum wage has increased by 800 rubles and is 8500 rubles. The amount includes bonuses and compensation, but does not include regional coefficients. This was confirmed by the regional Labor Committee.
For other companies regional Minimum wage remained unchanged - 9950 rubles .
Current articles on the topic:
If the salary is less than the minimum wage
Now it has become more dangerous to underpay workers: low wages lead to unscheduled inspections by the labor inspectorate.
It is worth double-checking whether all employees receive no less than the new regional minimum wage for a full month. Low salaries, as well as delays in payments, can lead to an unscheduled on-site inspection by the labor inspectorate (Resolution of the Government of the Russian Federation of November 18, 2016 No. 1213).
Labor inspectors carry out most inspections outside the plan (86%) and find violations (79%). There have been unscheduled inspections due to low salaries before. But labor inspections were also carried out based on documents, since they did not receive consent from the prosecutor’s office to travel. Therefore, there were one and a half times more documentary checks than on-site checks (see diagram).
Labor inspectors should not coordinate on-site inspections of wage violations with the prosecutor's office (Article 360 of the Labor Code of the Russian Federation). So auditors will begin to visit company offices more often.
Labor inspectorates learn about low wages from tax authorities, funds, complaints, and media publications. Rostrud says that now in all these cases they can come with an inspection. If violations are found, they will be fined up to 50 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Have a question? Our experts will help you within 24 hours! Get answer New
REGIONAL AGREEMENT ON MINIMUM WAGE IN THE TYUMEN REGION (as amended: 08/31/2016)
REGIONAL AGREEMENT ON MINIMUM WAGE IN THE TYUMEN REGION
(as amended by Additional Agreements No. 1 of December 31, 2014. No. 2 of June 24, 2015, No. 3 of November 24, 2015, No. 4 of August 31, 2016)
(Tyumen, April 30, 2014)
The Government of the Tyumen Region represented by the Governor of the Tyumen Region Vladimir Vladimirovich Yakushev, acting on the basis of the Charter of the Tyumen Region. Tyumen Interregional Association of Trade Union Organizations "Tyumen Regional Council of Trade Unions" represented by the Chairman Mikhail Nikolaevich Kivatsky, acting on the basis of the Charter, and the Regional Association of Employers "Union of Employers of the Tyumen Region" represented by the Chairman of the Board Dmitry Yuryevich Goritsky, acting on the basis of the Charter, hereinafter referred to as The parties, guided by Article 133.1 of the Labor Code of the Russian Federation. In order to increase the income and quality of life of the population of the Tyumen region, we have concluded this Regional Agreement on the minimum wage in the Tyumen region (hereinafter referred to as the Agreement).
I. Subject of the Agreement
1.1. This Agreement establishes the minimum wage for employees working in the Tyumen region, with the exception of employees of organizations financed from the federal budget.
II. Minimum wage in the Tyumen region
2.1. 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).
REGIONAL TRIPARTITE AGREEMENT "ON THE MINIMUM WAGE IN THE YAMAL-NENETS AUTONOMOUS DISTRICT"
We, the undersigned, are authorized representatives of the Union of Trade Union Organizations, the Non-Profit Organization Association of Employers of the Yamalo-Nenets Autonomous Okrug and executive bodies state authorities of the Yamalo-Nenets Autonomous Okrug, hereinafter referred to as the Parties, acting in accordance with the Constitution of the Russian Federation, the legislation of the Russian Federation and the Law of the Yamalo-Nenets Autonomous Okrug "On social partnership in the sphere of labor in the Yamalo-Nenets Autonomous Okrug", have concluded this Agreement on below.
1. Basic provisions
1.1. Establish on the territory of the Yamalo-Nenets Autonomous Okrug (hereinafter referred to as the Autonomous Okrug) a minimum wage in an amount equal to the minimum wage established by federal law.
Payment of the minimum wage is carried out using the regional coefficient and a percentage increase in wages for length of service in the regions of the Far North and equivalent areas in accordance with the legislation of the Russian Federation, but not lower than the subsistence level of the working population in the Yamalo-Nenets Autonomous Okrug for the second quarter of the previous year.
1.2. The monthly salary of an employee working in the territory of the Autonomous Okrug and who is in an employment relationship with the employer in respect of whom this Agreement applies cannot be lower than the amount established by paragraph 1.1 of this Agreement, provided that the employee has fully worked the standard working hours during this period and labor standards (job duties) are met.
1.3. The amount of the minimum wage established by clause 1.1 of this Agreement is not a limitation for the employer to implement higher wage guarantees.
2. Validity of this Agreement
2.1. The agreement applies to:
2.1.1. all employers who are members of the association of employers that entered into the agreement, as well as members of associations of employers and other non-profit organizations included in the association of employers that entered into the agreement. Termination of membership in an employers' association does not relieve the employer from fulfilling the agreement concluded during the period of his membership. An employer who joined an association of employers during the period of validity of the agreement is obliged to fulfill the obligations stipulated by this agreement;
2.1.2. employers who are not members of the association of employers that concluded the agreement, who authorized the said association on their behalf to participate in collective negotiations and conclude an agreement or acceded to the agreement after its conclusion;
2.1.3. executive bodies of state power of the Autonomous Okrug and local government bodies in the Autonomous Okrug within the limits of their obligations.
2.2. The minimum wage established by this agreement is ensured by:
2.2.1. organizations financed from the district budget - at the expense of the district budget, as well as funds received from business and other income-generating activities;
2.2.2. organizations financed from local budgets - at the expense of local budgets, as well as funds received from business and other income-generating activities;
2.2.3. other employers - at their own expense.
3. Procedure for joining the Agreement
3.1. After the conclusion of the Agreement and its notification registration with the Department of Economics of the Autonomous Okrug, the coordinator of the tripartite commission for regulating social and labor relations of the Autonomous Okrug invites employers operating in the territory of the Autonomous Okrug and who did not participate in the conclusion of this Agreement to join it. The accession of employers to the Agreement is carried out in the manner established by Article 133.1 of the Labor Code of the Russian Federation.
3.2. The text of the Agreement and the proposal of the coordinator of the tripartite commission for regulating social and labor relations of the Autonomous Okrug on the accession of employers to the Agreement are published in the newspaper "Red North", and also posted on the official websites of the Government of the Autonomous Okrug, the Department of Economics of the Autonomous Okrug within 2 weeks after its signing .
4. Entry into force of the Agreement and the procedure for amending the Agreement
4.1. This Agreement comes into force on January 1, 2018 and is valid until January 1, 2021. Upon expiration, the Agreement will be automatically extended for a subsequent 3-year period unless either Party notifies the other Parties in writing of its intention to terminate it no later than 6 months before the expiration of the next period. The renewal period of the agreement cannot exceed one 3-year period.
4.2. The Regional Tripartite Agreement “On the Minimum Wage in the Yamalo-Nenets Autonomous Okrug” dated December 5, 2017 shall be declared invalid as of January 1, 2018.
4.3. Changes and additions to the Agreement are made by mutual agreement of the Parties by concluding an additional agreement.
4.4. This Agreement was signed on December 27, 2017 in Salekhard in three original copies, each of which has equal legal force.
Party Coordinator
from executive bodies of state power
Yamalo-Nenets Autonomous Okrug
social and labor relations
Yamalo-Nenets Autonomous Okrug
T.V.BUCHKOVA
Party Coordinator
from the Union of Trade Union Organizations
Yamalo-Nenets Autonomous Okrug
in the tripartite regulatory commission
social and labor relations
Yamalo-Nenets Autonomous Okrug
L.N.IVANOVA
Party Coordinator
from the Employers' Association
Yamalo-Nenets Autonomous Okrug
in the tripartite regulatory commission
social and labor relations
Yamalo-Nenets Autonomous Okrug
I.V.NAK
Based on Federal Law No. 164, issued on June 2, 2019, employees’ wages should not be less than 7,500 rubles. However, some entities have established their own regional minimum wage level. It may exceed the federal level.
The enterprise has the right to establish federal significance. Then he needs to abandon the amount of remuneration at the subject level. In this case, a refusal to join the regional agreement is written.
The procedure must be carried out within a month after receiving a proposal to use the regional minimum wage. The refusal must have reasoned justifications. Additionally, consent is attached Trade union organization, minimum wage increase schedule.
What is reflected in the law
Each subject has the right to establish its own minimum wage. Enterprises operating in the region have the right to use this program. This excludes employees in institutions financed by the federal budget.
The minimum wage is set in accordance with:
- social indicators;
- economic conditions;
- living wage.
It cannot be less federal. However, every subject has the right to increase.
Ensuring the minimum wage at the regional level is carried out:
- institutions receiving funding from the regional budget, extra-budgetary support, and business activities;
- enterprises receiving funding from local budgets;
- employers at their own expense.
The regional agreement on the minimum wage is a document developed by a tripartite commission based on the social and labor level in the region. Any employers who wish can join it. The agreement is officially published for everyone to review and offer to join.
Employers have 30 days to give a reasoned refusal to join the regional agreement. If they do not do this within the allotted time, they automatically accept the terms of the program.
In addition to the document, the minutes of the meeting with the trade union committee on the issue of consent or refusal are provided, as well as a plan for increasing the minimum wage in accordance with its procedure.
Wages are regulated on the basis of a regional agreement. It cannot be lower than the minimum amount established in the subject if the employee has fully worked the allotted time.
Is it possible to do this
Some employers refuse to join the regional agreement after the fact. They believe that it is not necessary to declare this, so they act within the framework of the wages established at the federal level. However, they do have the right to refuse. But this must be done on an official basis.
The refusal may be made on the basis of Article 133.1 of the Labor Code of the Russian Federation. At the same time, it regulates the period within which it is necessary to submit an application. It is important to do this within a month after the agreement is published and the proposal to join is made.
The document is submitted on the official letterhead of the institution indicating the details. It must be submitted to the Committee on Labor and Employment. The statement reflects the reasons that the enterprise has for not accepting the agreement.
There is no need to describe the details of the financial situation of the enterprise. It is important to formulate general concepts about the status, and also provide a calculation that shows possible financial difficulties after joining.
In addition, you will need to attach some additional documents. Among them is the protocol on the meeting with the Trade Union, according to which it is planned to increase wages in the future. Thus, the procedure for increasing wages will have to be carried out, but at a later time.
Certain aspects of the situation
When refusing to join, it is important to remember the acceptable amount of remuneration. Violation of the norm may result in liability. There are also nuances regarding part-time and part-time work.
Responsibility for payments below standard
If an employee's salary is less than the minimum wage, the employer can be held liable:
- material;
- administrative;
- criminal;
- tax
The material component is reflected in the form compensation payments to the employee for the untransferred part of the salary. It is equal to 1/300 of the refinancing rate.
In case of violation of legal norms, the employee will have to pay a fine, the amount of which ranges from 1,000 to 5,000 rubles for official and IP. If the punishment is determined for a legal entity. persons, the fine increases to 30,000–50,000 rubles.
In addition to penalties, suspension of activities for 3 months is also provided. According to Article 5.31 of the Code of Administrative Offenses of the Russian Federation, the manager may be given a warning or a fine. He will have to pay 3,000–5,000 rubles.
Criminal liability arises on the basis of Article 145.1 of the Criminal Code of the Russian Federation.
In this case, in case of non-payment of wages for two months with proven selfish and personal motives, the following may be provided:
- fine;
- disqualification;
- forced labor;
- deprivation of liberty.
Tax responsibility is to maintain the tax amount even with a reduced salary payment.
Part-time and part-time
To determine violation or compliance with minimum wage regulations, an accountant must review certain data. According to Article 133.1 of the Labor Code of the Russian Federation, payments can be legally recognized as underestimated if the employee worked the full monthly amount and received less than the minimum wage.
Thus, part-time work may be paid less than the minimum wage. In this case, the calculation of the full salary (if the employee worked on a full-time basis) must not be lower than the maximum value.
Part-time workers working half-time must receive at least 50% of the minimum wage. However, in such situations there are some nuances.
An employee can perform work while at his immediate workplace. At the same time, he will perform duties in another position part-time. Therefore, when performing the same work in the same profession, one should take into account not combination, but increase in volume.
Part-time work must be prescribed in the form of an additional agreement. The activity is not reflected in the time sheet, and the additional payment is compensatory. Therefore, it cannot independently be compared with the minimum size, since its reduced value is allowed.
If a person has extra work in free time from the main time, then a separate employment contract. It provides for the payment of wages based on time sheets. Then it is necessary to compare the income received depending on the total earnings in relation to the hours worked.
Example of refusal to join a regional agreement
To draw up a refusal to join a regional agreement, you must use the sample below:
LLC "Stroytorg" INN 5110689546 KPP 511097563
354286 Nizhny Novgorod, st. Karla Marksa, 56
Head of the Labor Committee
and employment
THEM. Ivanov
354245 Nizhny Novgorod, st. Pirogova, 165
Refusal to join the regional agreement
on the minimum wage
Based on Article 133.1 of the Labor Code of the Russian Federation, the enterprise Stroytorg LLC sends a written refusal, with reasoned grounds, to join the regional agreement on the minimum wage in Nizhny Novgorod for 2019 from June 1, 2019.
Stroytorg LLC is not able to comply with the regional minimum wage due to an unstable financial situation and unprofitability (as of 2019). This is due to an increase in purchase prices with an increase in exchange rates, reduced sales volumes, and debts to customers.
The following must be attached to the application:
- Consultation protocol with the Trade Union organization.
- Schedule of planned salary increases in accordance with the regional minimum wage.
Head of Stroytorg LLC Yu.A. Leonidov
Consequences of the decision
Employers can opt out of a regional agreement without consequences. After all, they are not provided for by law. However, administrative authorities can influence the activities of the company.
The main problem is that the authorities of the subject are trying to attract all companies to the program. In this case, the budget will be replenished, and the region will increase financial indicators. If a company refuses every year, then in most cases the impact does not apply to it. And those firms that gave consent and subsequently moved to the federal level may suffer.
Most often, the tax service and funds are notified. The former especially monitor enterprises that set wages below the minimum wage. A similar situation arises in funds.
Even in the absence of notification of organizations, tax authorities can track the amount of wages based on:
- 2-NDFL;
- 6-NDFL.
According to these documents, management is summoned to a commission and is interested in issues of “gray” salaries and possible return to a regional agreement. If the answers are unsatisfactory, an on-site inspection may be organized.
Audits and inspections are also often carried out labor activity. In this case, the documents personnel service must confirm the legality and validity of the reduction.
Among the documentation are:
- additional agreements;
- orders;
- notifications about changes in working conditions.
The employer may be invited to a consultation with the administrative authority. If he refuses, a fine will be imposed on him.
Some employers are unable to track the publication of the agreement in a timely manner. Then they become aware of the program after the deadline for official refusal. Even if the management makes concessions and approves the application, then it will be necessary to focus on the amount of 7,500 rubles.
Thus, silence threatens automatic consent and, if the conditions are not met, penalties. If the enterprise officially refuses, it will be constantly monitored.
