person works often have to deal with the concept of "minimum wage".This word sounds from the screen, from the radio, found in the print media and on the Internet.This article is to understand what the minimum wage and a salary.What is the difference between them and how they interact with each other.
Terminology
find out what the minimum wage, we turn to open source.Under this definition, understand payment in the minimum amount.Said deductions made by the employer personnel.Prior to 01.09.2007, the minimum wage was equal to the monthly payment of the employee, which has no special skills, but spent the established norm of labor time while maintaining the part of the employer relevant conditions.The structure of the payments were not part of such components: social, compensation and incentive payments.Upon payment of wages was observed prerequisite.It was the fact that the base salaries, tariff rates that were used in the calculation of the monthly salary, special rates applied in the calculation of the payment non-standard work could not be less than the minimum wage.Subsequently, due to changes in the domestic legislation, the main of which were reflected in the Federal Law № 54 of 20.04.2007 year, this condition has been excluded from the Labour Code.
Effect "minimal salary" for basic rate
Speaking of what is the minimum wage, we should mention a number of important points contained in the legislation.According to the Labour Code the value of the monthly wage employee, subject to the established norms of work and time should not be less than the minimum wage (the Labour Code h. 3 of Art. 133).An important role is played by art.1331, introduced by Federal Law № 54. It allows the subjects of the Russian Federation in an independent manner on its territory to establish the minimum size of contributions for work.However, in the order received the minimum wage will not cover the contract staff employed in the federal civil service.Here, in general, what is the minimum wage.2014 began with raising "minimal salary."Since January size of labor payment was 5554 rubles.
How is the minimum setting?
Consider what 1 minimum wage and how it was adopted.Establishment of a minimum value of wages in a particular subject of the Russian Federation for each organization is divided into several stages.
- the first stage developed a regional agreement on the minimum value of the maximum permissible size of deductions on wages in the subject.After that, the regional commissions (tripartite) to regulate social and labor relations is developing and the conclusion of the agreement.What is the minimum wage in the subjects?First of all, the minimum amount of pay the employee must meet the socio-economic conditions and the volume of consumer basket for a particular region.It is important to take into account prescribed in the provisions of the Labour Code.According to the norms of the size of the minimum wage in the region should not be lower than the set at the federal level.
- In the second stage by the authorized representative of the government of the subject of the Russian Federation receives an offer for all employers to accede to develop and sign an agreement.
Compulsory original text of the treaty and proposals shall be published in the public domain.The federal executive body on the basis of hours. St.1331 TC 7 also receives a notification.Employers in the consideration of this proposal are guided by a minimum size of wages in the Russian regions.Since joining the agreement, in the event of a positive response to the proposal and its adoption, set a single tariff for the region's contributions to employees in accordance with the signed documents.Find out what the minimum wage, a closer look at some of the terms of the agreement.
Automatic connection to a published agreement
Employers who carry out their activities on the territory of the subject, may, within 30 days of the publication of the official proposal does not provide the authorized executive body of the subject of his reasoned refusal.In this case, they are formally acceded to the agreement.Then the terms of the contract are binding them.
refusal to accede to the agreement published
employer may express reluctance to join the agreement.It is mandatory in this case a written refusal must be accompanied by:
- protocol on the results of the consultation measures between the employer and trade union representatives;
- proposal within the time constraints, to improve staff salaries up to the level required by the agreements.
In this case, the head of the authorized body of the subject of the Russian Federation is entitled to invite the employer (or its representatives) together with members of the trade union organization for consulting activities.According to part. Article 9.1331 LC RF both sides are obliged to take part in these consultations.
