Based on the regulations on remuneration of workers. Regulations on remuneration: how to draw up, sample regulations

1. General Provisions

1.1. These Regulations have been developed in accordance with the current legislation of the Russian Federation and provide for the procedure and conditions for remuneration, the procedure for spending funds on remuneration, a system of material incentives and incentives for Employees of Alpha LLC (hereinafter referred to as the Organization). The regulation aims to increase the motivation for work of the Organization's personnel, ensure the material interest of Employees in improving the qualitative and quantitative results of work: fulfilling planned targets, reducing the cost of producing a unit of product (work, services), improving technological processes, creative and responsible attitude to work.

1.2. This Regulation applies to persons hired in accordance with administrative acts of the head of the Organization (hereinafter referred to as the Employer) and carrying out labor activities on the basis of employment contracts concluded with them (hereinafter referred to as the Employees).

This Regulation applies equally to Employees working on a part-time basis (external or internal).

1.3. In these Regulations, remuneration means money paid to Employees for the performance of their labor functions, including compensation, incentives and incentive payments made to Employees in accordance with the labor legislation of the Russian Federation, these Regulations, employment contracts, and other local regulations of the Employer.

Upon written application of the Employee, remuneration may be made in other forms that do not contradict the legislation of the Russian Federation. In this case, the share of wages paid in non-monetary form should not exceed 20 percent of the total wages.

1.4. Remuneration for the Organization's Employees includes: – wages, consisting of salary (official salary), as well as additional payments and allowances for special working conditions (hard work, work with harmful and (or) dangerous and other special working conditions), as well as for working conditions that deviate from normal (when performing work of various qualifications, combining professions, working outside the normal working hours, at night, on weekends and non-working holidays, etc.); – incentive and incentive payments for the proper performance of job duties, made in accordance with these Regulations and the Regulations on Bonuses.

2. Remuneration system

2.1. In these Regulations, the remuneration system refers to the method of calculating the amount of remuneration payable to Employees for the performance of their labor duties.

2.2. The Organization establishes a time-based bonus payment system, unless the employment contract with the Employee provides otherwise.

2.3. The time-based bonus system of remuneration provides that the amount of the Employee’s salary depends on the actual time worked, which is recorded in accordance with working time records (time sheets). At the same time, along with wages, Employees are paid material incentives for performing labor functions provided they comply with the bonus conditions provided for by these Regulations and the Regulations on Bonuses.

2.4. The monthly remuneration of the Organization's Employees consists of a fixed and variable part.

The constant part of the remuneration is a guaranteed monetary reward for the Employee’s performance of his assigned job duties. The permanent part of the salary is the salary (official salary) in accordance with the current staffing table. The variable part of remuneration is bonuses, as well as allowances and additional payments for working conditions that deviate from normal ones.

3. Salary (official salary)

3.1. In these Regulations, salary (official salary) means a fixed amount of remuneration for the Employee for fulfilling labor standards or labor duties of a certain complexity per month.

3.2. The amount of the employee’s salary (official salary) is established in the employment contract.

3.3. The amount of salary (official salary) (excluding additional payments, allowances, bonuses and other incentive payments) of an employee who has worked the full working time cannot be lower than the minimum wage established by federal law.

3.4. The salary (official salary) may be increased by the decision of the Employer. An increase in salary (official salary) is formalized by order (instruction) of the head of the Organization and an additional agreement to the employment contract with the relevant Employee.

4. Additional payments

4.1. The following additional payments are established for the Organization's employees: – for overtime work; – for work on weekends and holidays; – for work on the night shift; – for performing the duties of a temporarily absent Employee; – for combining professions (positions).

4.2. In these Regulations, overtime is understood as work performed by the Employee at the initiative of the Employer outside the established working hours, daily work (shift), and in the case of cumulative accounting of working time - in excess of the normal number of working hours for the accounting period.

For overtime work, Employees are provided with additional payments: – for the first two hours of overtime work – in the amount of 150 percent of the hourly rate; – for subsequent hours of overtime work – in the amount of 200 percent of the hourly rate.

These additional payments are not made to Employees who have irregular working hours.

4.3. For work on weekends and holidays, additional payments are established for employees with time wages: - in the amount of 100 percent of the hourly rate - if work on a weekend or holiday was carried out within the monthly working time standard; - in the amount of 200 percent of the hourly rate - if work on a weekend or holiday was carried out in excess of the monthly working hours.

4.4. In these Regulations, night work means work from 10 pm to 6 am.

For work on the night shift, employees paid on a time basis are provided with additional payments in the amount of 40 percent of the hourly rate.

4.5. For performing the duties of a temporarily absent Employee, an additional payment is established in the amount of 50 percent of the salary (official salary) for the main job.

The specified additional payment is paid during the entire period of performance of duties of the temporarily absent Employee.

4.6. For combining professions (positions), an additional payment is established in the amount of 50 percent of the salary (official salary) for the main job.

The specified additional payment is paid during the entire period of combining professions (positions).

4.7. Accrual and payment of additional payments listed in paragraphs 4.2–4.6 of these Regulations are made monthly in accordance with working time sheets.

4.8. The hourly rate is calculated by dividing the amount of wages accrued in the billing period by the number of working days in this period according to the calendar of a five-day working week and by 8 hours (the length of the working day).

4.9. The total amount of additional payments established for the Employee is not limited to the maximum amount.

4.10. At the request of the Employee, instead of the above additional payments, he may be provided with additional days of rest.

5. Allowances

5.1. The following types of salary bonuses are established for the Organization's employees: – for long work experience in the Organization; – for the intensity and intensity of work; – for using a foreign language in work; - for class.

5.2. For long work experience, the Employee is given an increase to his salary (official salary) in the amount of 10 percent of his salary (official salary).

In these Regulations, long-term work experience is considered to be work in the Organization lasting more than 10 years.

5.3. For the intensity and intensity of work, the Employee is given a bonus of up to 20 percent of his salary (official salary).

The specific amounts of allowances are established by order (instruction) of the head of the Organization.

5.4. For using a foreign language at work, the Employee is given a bonus in the amount of 15 percent of the salary (official salary).

The specified allowance is established for Employees whose job responsibilities include contacts with foreign partners or work with foreign literature.

5.5. Drivers of the Organization are given a premium for class in the amount of up to 10 percent of the official salary.

The specific amount of the bonus is established by order (instruction) of the head of the Organization.

6. Bonuses

6.1. Current and one-time (one-time) bonuses are established for employees of the Organization holding full-time positions.

6.2. Current bonuses are paid based on performance results for a month or other reporting period in accordance with the Regulations on Bonuses.

6.3. Calculation of current bonuses is carried out based on the salary accrued to the Employee for the reporting period (official salary), allowances and additional payments to it in accordance with these Regulations.

6.4. Bonuses are not awarded to Employees who have disciplinary sanctions for: – absenteeism (absence from the workplace without a valid reason for more than 4 hours in a row during the working day); – appearing at work in a state of alcoholic, toxic or other drug intoxication; – being late for the start of the working day without warning the immediate supervisor; – failure to comply with the instructions of the manager; – failure to perform or improper performance of the duties assigned to the Employee.

The Employer has the right to early remove a disciplinary sanction from the Employee on its own initiative, at the request of the Employee or at the request of his immediate supervisor.

The specified order is formalized by order of the head of the Organization.

6.5. One-time (one-time) bonuses are paid: – in connection with professional holidays, based on the results of work for the year – at the expense of the Organization’s profit; – in other cases provided for by the Regulations on bonuses – from the wage fund.

6.6. The amount of one-time (one-time) bonuses is established by order (instruction) of the head of the Organization, depending on the performance results of each Employee.

6.7. The size of one-time (one-time) bonuses is not limited to the maximum amount.

7. Financial assistance

7.1. In these Regulations, material assistance means assistance (in monetary or material form) provided to the Organization’s Employees in connection with the occurrence of emergency circumstances.

7.2. The following circumstances are considered extraordinary: – death of husband, wife, son, daughter, father, mother, brother, sister; – causing significant damage to the Employee’s home due to fire, flood and other emergency situations; – injury or other harm to the Employee’s health.

The employer may recognize other circumstances as extraordinary.

7.3. Financial assistance is paid from the net profit of the Organization on the basis of an order (instruction) of the head of the Organization upon the personal application of the Employee.

7.4. Financial assistance is provided upon presentation by the Employee of documents confirming the occurrence of emergency circumstances.

8. Calculation and payment of wages

8.1. Wages are accrued to Employees in the amount and manner provided for by these Regulations.

8.2. The basis for calculating wages is: staffing table, employment contract, time sheet and orders approved by the head of the Organization.

8.3. Time sheets are filled out and signed by the heads of structural units. The HR manager approves the time sheet.

8.4. For employees who have worked part-time, wages are calculated for the time actually worked.

8.5. The determination of wages for the main and combined positions (types of work), as well as for positions held part-time, is carried out separately for each of the positions (types of work).

8.6. Wages are paid to Employees at the Organization's cash desk or transferred to the bank account specified by the Employee under the conditions stipulated by the employment contract.

8.7. Before payment of wages, each Employee is issued a payslip indicating the components of wages due to him for the relevant period, indicating the amount and grounds for deductions made, as well as the total amount of money to be paid.

8.8. Payment of wages for the current month is made twice a month: on the 20th of the billing month (for the first half of the month - an advance payment of 50% of the salary) and on the 5th of the month following the billing month (final payment for the month).

8.9. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

8.10. If the Employee fails to fulfill his official duties due to the fault of the Employer, payment is made for the actual time worked or work performed, but not lower than the Employee’s average salary.

In case of failure to fulfill official duties for reasons beyond the control of the parties to the employment contract, the Employee retains at least two-thirds of the salary (official salary).

In case of failure to fulfill official duties due to the fault of the Employee, payment of salary (official salary) is made in accordance with the amount of work performed.

8.11. Downtime caused by the Employer, if the Employee warned the Employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the Employee’s average salary.

Downtime due to reasons beyond the control of the parties to the employment contract, if the Employee has warned the Employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the salary (official salary).

Downtime caused by the Employee is not paid.

8.12. Deductions from the Employee's salary are made only in cases provided for by the Labor Code of the Russian Federation and other federal laws, as well as at the request of the Employee.

8.13. Amounts of wages, compensation, and other payments not received within the prescribed period are subject to deposit.

8.14. Certificates regarding the amount of wages, accruals and deductions from them are issued only to the Employee personally.

8.15. Payment for vacation to Employees is made no later than three days before its start.

8.16. Upon termination of the employment contract, the final payment of wages due to the Employee is made on the last day of work. If the Employee did not work on the day of dismissal, then the corresponding amounts are paid no later than the next day after the Employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the Employee upon dismissal, within the period specified above, the Employee is paid the amount not disputed by the Employer.

8.17. In the event of the death of an Employee, wages not received by him are issued to members of his family or a person who was dependent on the deceased no later than a week from the date the Organization submits documents certifying the death of the Employee.

9.1. The Employee's salary is indexed in connection with rising consumer prices for goods and services.

9.2. At the end of each quarter, the Employer increases employee salaries in accordance with the consumer price growth index, determined based on Rosstat data.

9.3. Salary, taking into account indexation, is paid to the Employee starting from the first month of each quarter.

10. Responsibility of the Employer

10.1. For delays in payment of wages, the Employer is liable in accordance with the legislation of the Russian Federation.

10.2. In case of delay in payment of wages for a period of more than 15 days, the Employee has the right, by notifying the Employer in writing, to suspend work for the entire period until the delayed amount is paid. The specified suspension of work is considered forced absenteeism, while the Employee retains his position and salary (official salary).

How to minimize the risk of claims from the State Transport Inspectorate and unify settlements with personnel? Develop a regulation on the remuneration of employees: a sample, a table of recommended sections and rules for document execution - in the article.

From the article you will learn:

Calculation and payment of salaries, allowances and bonuses is an important aspect of the activities of any enterprise, strictly regulated by law and local regulations. In order to establish a uniform payment procedure and effectively interact with personnel on remuneration issues, it is recommended to develop a special regulatory act.

Documents for download:

Please note that the wage regulations (sample) are not considered a mandatory document from the point of view of the law. The official salary, salary payment dates and other conditions can be specified in employment contract, and the rules for calculating bonuses and compensation are in the collective agreement. But the presence of a single document with clearly formulated payment algorithms reduces the risk of conflict situations.

Regulations on remuneration: sample structure

The answer was prepared jointly with the editors

Alexander ZAVGORODNY answers,
Ph.D., Associate Professor, Department of Labor Law, Faculty of Law, St. Petersburg State University

When developing regulations on remuneration, a higher education organization must be guided by the Decree of the Government of the Russian Federation of August 5, 2008. No. 583, recommendations of the tripartite commission on wage issues. In particular…

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It is also useful to download a ready-made salary regulation (sample) because it already takes into account all the key aspects of financial relationships with employees. When drafting a document from scratch, it’s easy to miss an important detail or miscalculate salary payment terms, which by law must be paid strictly twice a month:

Social benefits are often overlooked, and the standard regulations already provide for a corresponding section where you can prescribe both the guarantees established by law and those offered by the employer - for example, increased travel allowance or vacation pay. It is very important in the process of working on a local act to check with the requirements of current labor legislation, since not a single point should contradict them. In addition, it is strictly not recommended to exclude the norm on wage indexation from the document.

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The draft document is not approved immediately. First, it must be agreed upon with the officials responsible for calculating and issuing wages to personnel: the chief accountant, the head of the financial department, the head of the personnel department. If the organization has a trade union or any other association representing the interests of workers, another stage is added. Any local acts related to wages should be agreed upon with the trade union in the manner prescribed by Article 372 of the Labor Code of the Russian Federation. And only after positive trade union decisions The position is sent for approval to the head of the company.

There are two ways to approve it: publish separate order or put the corresponding stamp on the document itself, at the top of the sheet. Every time you need to make any changes to the wage regulations, you will have to go through the entire approval procedure again from beginning to end, and then approve the changes by order of the manager or publish the local act in a new edition.

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Download samples:

Don’t forget to familiarize all employees with the document (be sure to sign it in an introductory sheet or a special journal).

Screening test

Mini-test for self-test. With which officials and/or bodies should the wage regulations be agreed upon before putting it into effect?

1. with the trade union and heads of departments related to personnel remuneration;
2. approval is an optional stage; the document can be submitted for review to all interested officials and representatives of the trade union after approval;
3. only with the head of the personnel department.

Regulations on remuneration of employees - sample 2018-2019 can be found on our website. And from this article you will learn about who will need to draw up this document and in what form it is drawn up.

Is it possible not to draw up a wage regulation and can they be punished for this?

Regulations on remuneration — this is one of the employer’s internal documents. It is necessary not only to describe the applied system of calculation and remuneration for labor, but also to consolidate the system of material incentives and rewards for employees in the organization.

This provision justifies the legality of including salary costs in tax expenses. Its absence sharply reduces the chances of proving to tax authorities the legality of reducing the tax base for income tax or the simplified tax system for bonuses, additional payments, compensation and other similar payments.

Find out whether the employer is obliged to pay a bonus by following the link.

Given these advantages of the provision, taxpayers in most cases spare no time and effort in developing it.

You can do without such a document only in one case - if all the terms of remuneration are described in employment contracts with employees or in a collective agreement, or all employees of the company work under conditions that exclude any deviations from the usual (do not work overtime, at night and on holidays ). In this case, there is no need to draw up a separate provision.

The legislation of our country does not contain an unconditional requirement to develop and apply wage regulations for each employer. There are no requirements for the form, type and content of this document. Therefore, there will be no punishment for the arbitrary form of the provision or its absence as a separate document.

Regulations on remuneration and bonuses for employees: is it necessary to combine

Since there are no legal requirements on this issue, in different companies you can find a variety of options for drawing up internal documents related to the calculation and payment of wages to employees.

For example, the regulations on remuneration are drawn up as a separate document, and the conditions for bonuses are prescribed in another local act - the regulations on bonuses. It is possible to provide for other salary provisions: on wage indexation, summarized recording of working hours, etc.

Some employers are limited to approving only one document - a collective agreement, which stipulates all the necessary aspects of the salary policy.

The decision on whether to prescribe all the necessary salary nuances in one document or formalize each significant issue in separate provisions remains with the management of the company or the employer-individual entrepreneur. If a decision is made to combine the issues of the payment system and the features of bonuses in a single provision, it is necessary to spell out all the nuances in this document as scrupulously as possible.

Read about what bonuses and remunerations may be for employees in the article “What types of bonuses and employee benefits are there?” .

Main sections of the regulations on remuneration and bonuses for employees

The regulations on wages and bonuses for employees may include, for example, the following sections:

• general terms and definitions;
• description of the company's current remuneration system;
• terms and forms of salary payment;
• employer's liability for delayed wages;
• duration of the provision;
• “Additional payments” table;
• “Compensation” table;
• table "Allowances";
• “Premiums” table;
• table “Other employee benefits”.

The general section provides a link to the regulatory documents in accordance with which this provision was developed. Then a decoding of the basic concepts and terms used in the provision is given, so that any employee, when reading it, would not have difficulty understanding the contents of the document. The same section indicates who this provision applies to (employees under an employment contract, part-time workers, etc.).

The second section is devoted to a description of the wage system (WRS) adopted by the employer (time-based, piece-rate, etc.). If different SOTs are provided for different categories of workers and employees, a description of all applicable systems is given.

The section intended to describe the terms and forms of salary payment indicates the dates for the payment to employees of their earned remuneration (advance payment and final payment). You cannot limit yourself to a one-time payment of salary income.

However, paying wages more than 2 times a month will not violate any norms. Read more about this in the material “Salaries can be paid more than twice a month” .

The same section reveals the form of remuneration: in cash through a cash register or by transfer to employees’ bank cards, as well as the percentage of possible payment of part of salary income in kind.

A separate paragraph reflects information related to the employer’s responsibility for delayed wages.

IMPORTANT! The employer's financial liability for delayed wages is provided for in Art. 236 of the Labor Code of the Russian Federation, which sets the minimum interest rate (not lower than 1/150 of the refinancing rate of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay).

The regulations may establish an increased amount of compensation.

The main text part of the provision ends with a final section, which indicates the period of its validity and other necessary conditions.

Tabular part of the position

In the structure of the position from the example considered, all additional payments, compensations and bonuses are placed in separate tabular sections. This is not necessary - the text form of presentation can also be used. In this case, this method of structuring information was used for the purpose of clarity and ease of perception.

Read about what payments form the remuneration system in the article "St. 135 Labor Code of the Russian Federation: questions and answers" .

The “Additional payments” table contains a list of those salary supplements that are applied by the employer. For example, these could be additional payments related to overtime work, for night work or the employee’s work on a holiday, and other additional payments.

For each type of additional payment, the corresponding interest rates are indicated in the table. For example, for night work the surcharge is 40% of the hourly rate (for hourly workers). The necessary explanatory data is indicated in a separate column of the table (it may be called “Note”). For example, for additional payment for night work, this column shows the period considered night: from 22:00 to 6:00.

The structure of the “Compensation” table is similar to that described above. The listed compensations (for example, for harmful and dangerous working conditions, upon dismissal, reduction, etc.) are supplemented with the corresponding amount or calculation algorithm.

The “Additions” table is present in the regulations only if this type of monetary supplement to the employer’s salary exists. An example is the bonus for length of service. In this case, it is necessary to explain in detail for what period what amount of the premium is due. For example, for work experience from 4 to 7 years, the salary increase will be 12%, from 7 to 10 - 15%, and over 10 years - 18% of the accrued salary.

The remaining tables are filled in the same way.

You can see a sample of the regulations on wages and bonuses for employees - 2018 on our website.

Is it necessary to review the wage regulations every year?

The wage regulations can be approved by the employer once and be valid without a time limit (indefinitely). The legislation does not establish any specifics for the validity period of such a document.

The need for an annual review of the regulations may arise in cases where the employer is developing new types of activities involving workers of various professions, for which a revision or addition of existing SOT and incentive payments is necessary, or working conditions are changing.

The employer and employees are interested in keeping their internal local acts up to date and must promptly initiate their revision, including the provisions under consideration.

We'll tell you what to indicate in the order approving the wage regulations.

What nuances are provided for in the provision for piecework wages?

Piece wages are one of the forms of remuneration in which the amount earned depends on the number of units of product produced by the employee or the amount of work performed. This takes into account the quality of the work performed, the complexity of execution and working conditions.

There are several types of piecework wages:

• simple;
• piecework-bonus;
• chord.

It is based on piece rates, and other salary supplements (for example, a bonus for absence of defects) are set as a fixed amount or as a percentage of the amount earned.

Depending on the types of piecework wages used, the regulations provide for the specifics of calculating and paying wages, taking into account all the nuances of a given SOT for a particular employer.

Read more about the piece-bonus payment system in the material “The piecework-bonus wage system is...” .

Results

Regulations on wages are necessary for both employees and the employer. With the help of this internal document, it is easier for the taxpayer to defend to the tax authorities the validity of reducing the tax base for income tax or the simplified tax system for various salary payments. And employees will be confident that they will not be deceived when calculating their salaries and they will be able to receive legal bonuses and compensation (including through legal proceedings).

This document does not have a legally established form; each employer has its own form. Its validity period is set by the employer independently. The provision may be revised as necessary or remain in effect indefinitely.

The regulation on remuneration is a local regulatory act (LNA), which is a set of remuneration rules in force for a particular employer. The regulations on wages prescribe various salary nuances, such as, for example, established days for payment of wages, the procedure for deduction from wages, etc.

By the way, some employers in the LNA prescribe not only the procedure for remuneration, but also the procedure for paying bonuses to employees. Thus, the provision on remuneration is transformed into a provision on remuneration and bonuses for employees.

The procedure for adopting regulations on remuneration

As a rule, the wage regulation is adopted by the employer once, and then, if necessary, changes are made to it.

Keep in mind that when adopting a regulation on wages, the opinion of the trade union (if there is one) must be taken into account (Article 135 of the Labor Code of the Russian Federation).

Please note that the regulations on remuneration must be familiarized with the signature of each employee upon hiring, as well as each employee in the event of changes to this regulation (Articles 22, 68 of the Labor Code of the Russian Federation). Moreover, when hiring an employee, it is necessary to familiarize them with this LNA even before signing the employment contract (Letter of Rostrud dated October 31, 2007 No. 4414-6).

Regulations on remuneration: sample

There is no approved form for the wage regulations. Therefore, each employer can develop its own form of such a provision.

You can familiarize yourself with a sample salary clause.

Regulations on remuneration of employees since 2017

From 01/01/2017, amendments to the Labor Code (Federal Law dated 07/03/2016 No. 348-FZ) come into force. Thanks to these amendments, microenterprises have the right to completely or partially refuse to adopt local labor regulations. Accordingly, starting from 2017, microfirms may not adopt regulations on wages and material incentives for employees.

Do you want to reduce the salary burden on the company's budget? Adjust your cost structure by dividing costs into two categories – mandatory and non-essential.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Make the necessary changes to the relevant local regulations or adopt a new one. Inform your subordinates of the changes against signature.

What kind of document is this?

The Regulations on Remuneration of Workers is an internal document of the organization that defines the rules for assigning remuneration for labor, taking into account government guarantees and the company’s own capabilities.

In particular, the size, basis, procedure and criteria for material incentives for employees are established.

What is it for?

According to the Labor Code of the Russian Federation, remuneration for the performance of direct duties is assigned to a subordinate by an employment contract in accordance with the LNA in force in the given organization.

Such documents include an act that includes the conditions for financial incentives:

• tariff rates;
• salaries;
• compensatory additional payments and allowances, including for performing functions in an environment different from the norm;
• bonus systems.

If the company has adopted a LNA that defines the nuances of salary calculation, there is no need to directly indicate them in the employment contract.

It is enough to make a reference to the relevant document.

In addition, the procedure for making changes is quite simple and does not require an agreement with the employee.

Mandatory or not?

The composition of the provisions on labor protection is directly defined in Part 2. However, since 2017, small businesses belonging to the category of microenterprises have the right to fully or partially refuse to adopt LNA that regulate the totality of relationships with subordinates.

At the same time, contracts with employees must be concluded in a uniform form approved by law.

Normative base

Chapter 1 of the Labor Code of the Russian Federation delineates the powers of the authorities in the field of labor relations.

Federal acts establish:

• direction of state policy (Article 6 of the Labor Code of the Russian Federation);
• legal regulation– procedures, criteria, standards aimed at preserving the life and health of workers are prescribed in;
• level of rights, freedoms and guarantees provided by the state, such as the minimum amount of labor (determined in accordance with), the duration of paid rest (indicated in), the working week (depending on the category of the employee);
• the procedure for concluding, amending, terminating individual and collective labor contracts, the composition of their mandatory elements is indicated by Articles 41, 42, 44 of the Labor Code of the Russian Federation, and detailed by various departments.

Supplements financed from the local budget are established by self-government bodies. LNAs adopted by employers specify the calculation procedure and the amount of payments to certain groups of employees.

The subject of clarification is not only the norms of legislation, but also the requirements established by legal documents and collective agreements.

Ch. 58 of the Labor Code of the Russian Federation and allows for the adoption of local acts coordinated with the representative body of employees.

Below is a list of tasks that can be solved in this way:

• establishing a part-time working regime for up to six months;
• dismissal of a trade union member;
• involvement in the performance of functions overtime in cases not provided for by the code;
• fragmentation of the period allocated for the performance of immediate duties;
• determining the procedure for paying weekend holidays for subordinates who do not receive a salary and were not involved in work during the designated period;
• conditions for granting additional leave in excess of existing standards;
• approval of labor protection instructions;
• application of the rotation method;
• the amount of compensation for travel expenses to a place of rest or treatment for persons performing duties in the Far North and equivalent areas.

Local regulations adopted without the consent of employee representatives in the prescribed manner, or worsening the position of subordinates in comparison with current legislation, should not be applied.

The local act comes into force from the moment of adoption or from the specified date, and is terminated due to expiration or cancellation.

Regulations on remuneration 2019

The legislation does not oblige the heads of the organization to issue a separate LNA, which regulates the procedure for remunerating employees for the performance of functions.

The purpose of approving such a document is usually:

• specification of the form and OT system;
• establishing criteria for calculating increased salaries;
• strengthening the material interest of subordinates.

Who is developing?

The occupational safety regulations are drawn up in accordance with the requirements of regulations at the federal, industry and departmental levels. The terms of the tariff agreement, collective agreement and internal documents of the company are taken into account.

At the same time, the established rules should not contradict each other.

The LNA is developed by the administration of the business entity. The approval process must take into account the views of the employee representative body.

The Labor Code of the Russian Federation contains a list of situations in which it is mandatory to enlist the support of employees:

• compiling a list of positions with an irregular period of execution of direct functions ();
• preparation of shift schedule ();
• establishment of a remuneration system ();
• increase in salaries for persons performing work in non-standard conditions ();
• form assert();
• determining the amount of remuneration for performing functions on weekends, holidays, and at night ();
• formation of internal regulations and a labor standardization system (,).

Should it be combined with the bonus provision?

Rules for additional material incentives for personnel based on the performance of duties can be included in one of the sections of the local regulatory act or prepared as a separate document.

The latter is appropriate in the following situations:

• the conditions and amounts of bonuses for different groups of subordinates differ significantly;
• The number of categories of employees in the company is quite large.

In any case, it is necessary to determine the following indicators of additional incentives:

• upper and lower border;
• conditions for making payments and reducing their size;
• periodicity.

Main sections and structure

When developing regulations on remuneration, not only the composition of the elements themselves is important, but also the order of their inclusion in the LNA.

Thus, the approximate composition of the document could be as follows:

Mandatory points

When adjusting the labor regulations, it should be taken into account that some costs belong to the group of non-cancellable expenses (part 4 of article 8 of the Labor Code of the Russian Federation):

• bonuses of a compensatory nature (fulfillment of established indicators, additional tasks, work in conditions deviating from the norm);
• vacation guarantees for persons under the age of majority performing duties in the Far North or hazardous industries.

Applications

Sometimes the LNA adopted by the company has to be supplemented. For example, the minimum wage has changed (82-FZ dated June 19, 2000) and, in connection with this, it is necessary to establish a compensation bonus to the level of the minimum wage.

It will be necessary to develop regulations according to which it will be calculated automatically.

This is much more convenient than making changes to the employment contract.

Since there is no mandatory form of the wage regulation, it is developed to suit the individual needs of the organization. Therefore, the maximum number of applications, their presence or absence is not regulated.

Sample (example)

The position form includes the following information:

• name and details of the organization;
• link to regulatory documents;
• types of payments;
• procedure for remuneration for work;
• frequency of accruals;
• retention;
• calculation of severance;
• conditions for issuing salary in the event of the death of an employee;
• amount of payment for failure to perform official duties, idle time;
• tariff rate;
• bonus system;
• the volume and nature of the established allowances;
• liability for late wages;
• procedure for notifying the employer.

The document must be certified by the manager’s signature and seal.

Typical

Special requirements for the local act reflecting the system of material incentives for personnel have not been established.

Each company decides for itself what obligations to employees need to be recorded. The main condition is compliance with the Labor Code of the Russian Federation.

For municipal employees

• collective agreements;
• regulatory documents ();
• acts of local government bodies.

Maintaining the unity of positions and professions is ensured by the use of a special tariff and qualification directory.

For a municipal government agency

The labor protection system and the form of the regulation are established by the department performing the functions of the founder of the legal entity and are mandatory ().

For a budget institution

If a non-profit organization was created by the Russian Federation or its subject, then when developing LNA regarding material incentives for employees, it must take into account the recommendations of higher-level structures.

For individual entrepreneurs

Ch. 48.1 of the Labor Code of the Russian Federation gives individual entrepreneurs the right to draw up and apply regulations on remuneration or conclude employment contracts with personnel in a unified form approved by law.

Medical workers

FMBA has prepared a form for a local act regulating the remuneration of employees of healthcare organizations.

The document explains:

• the procedure and conditions for paying salaries to managers and personnel at various levels;
• establishment of incentive and compensatory bonuses;
• division into qualification groups;
• application of increasing coefficients.

In LLC

When working on a rotational basis

In conditions of summarized accounting of the period of performance of labor functions by the provisions of Chapter. 47 of the Labor Code of the Russian Federation allows the use of both time-based and piece-rate wage systems.

The bonus is calculated without taking into account the days of rest between shifts, which are compensated in the amount of the tariff rate, to which the regional coefficient and percentage premium are not applied.

Nuances of drafting and design

To make changes to a local act, depending on the scale, you can adopt a new document or add provisions to the existing one.

The remuneration system is approved by order of the director and agreed upon with employee representatives. The staff gets acquainted with the innovations under signature.

Is it necessary to include indexation clauses?

In order to avoid claims from a labor inspector, a company not related to the public sector must register the procedure for increasing salaries in any of the documents listed below:

• collective agreement;
• terms of remuneration;
• local regulatory act.

With a piecework OT system

The following provisions must be added to the LNA:

• types of jobs;
• salary size;
• calculation of the part of earnings dependent on the result;
• basis for calculating remuneration.

By separate division

To consolidate the features of the branch's OT, changes are made to the general local act of the company.

For part-time workers

In this case, payment is made:

• proportional to the time the functions are performed;
• depending on production.

When paid hourly

The LNA must indicate:

• salary;
• the procedure for calculating earnings;
• conditions for additional incentives and;
• payment for hours on holidays, weekends, at night;
• paydays;
• probation;
• social guarantees.

Do I need to flash it?

The fact of familiarization with the LNA is confirmed by the employee’s signature on a special sheet. Then, together with the specified paper, the position is numbered, stapled and certified by an authorized person.

Basic mistakes

Today, many labor disputes are heard in the courts. Moreover, many of them are associated with violations of the norms established by law.

For example, the conditions for the mandatory minimum payment:

Document approval

The regulations on occupational safety are drawn up in any form, taking into account the opinion of the representative body of workers, if it exists.

Who approves?

The new LNA is authorized by order of the head of the company.

Order

In the process of developing a document, several stages can be distinguished:

• defining the range of issues;
• establishing stages and deadlines;
• creation of a working group;
• project approval.

Approval order (sample)

Since there is no unified form, you can prepare the form yourself.

In this case, the order must reflect:

• date of implementation;
• procedure and terms of notification;
• Full name of responsible officials.

Employee familiarization

The new conditions are brought to the attention of all employees and certified by each person’s personal signature placed on an attached sheet or in a special journal.

Validity

A local act may lose force due to the following circumstances:

• end of the specified period;
• cancel;
• acceptance of a document with a higher level of guarantees.

Shelf life

For such local acts as the labor protection regulations, a permanent maintenance period has been established.

If the company is liquidated, the manager is obliged to transfer the papers to the Archive Fund of the Russian Federation.

In what cases and who may require an extract?

An employee can apply for a copy of a local act in a variety of situations. For example, if you plan to apply for a pension or challenge the employer’s actions in court.

Based on the context, you need to decide on the amount of information and issue that part of the document that is directly related to this subject.

Making changes and additions

All amendments are added in the same order in which the provision was developed and approved initially.

How to deposit?

Prepare the necessary adjustments, coordinate them with team representatives, and familiarize all interested parties with the innovations.

How often to update? Is an annual review required?

The employer has the right to make changes to the LNA at his own discretion, observing the rules established by law (Part 4 of Article 8 of the Labor Code of the Russian Federation).