Minimum wage (minimum wage)- the most important indicator on which payments to employees depend; it directly affects the calculation of wages and benefits to employees.

The article will help you learn how to take into account additional payments and allowances to an employee’s salary when checking whether his salary corresponds to an increase in the minimum wage.

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Minimum wages for 2019 by region: table

In addition to the federal minimum wage, regions set their own indicator. Make sure that the organization's salaries are not lower than the regional minimum wage. For violation, labor inspectors of the organization and the manager.

The regional minimum wage values ​​are given for the Northwestern, Southern, North Caucasus, Ural, Siberian, Far Eastern, and Central Federal Districts


View the minimum wage in your region

in .PDF format 232 KB as of 03/05/2019

  • as of 11/26/2018
  • as of 08/14/2018
  • as of 07/25/2018
  • as of 06/20/2018
  • as of 06/09/2018
  • as of 05/01/2018

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Minimum wage Moscow 2019

The minimum wage in Moscow is revised quarterly and depends on the size. If it decreases, then the minimum wage remains at the same level. If it increases, then from the first day of the month following the month of entry into force of the Moscow government’s decree establishing a living wage for the working population, the minimum wage also increases. This is stated in paragraphs 3.1.1 and 3.1.2 of the Moscow Government Decree dated December 15, 2015 No. 858-PP “On the draft Moscow tripartite agreement for 2016-2018 between the Moscow Government, Moscow trade union associations and Moscow employers’ associations.”

  • From January 1, 2011 minimum wage = 10 400 rubles
  • From July 1, 2011 minimum wage = 11 100 rubles
  • From January 1, 2012 - 11300 rubles,
  • from July 1, 2012 - 11700 rubles
  • from July 1, 2013 - 12,200 rubles.
  • from January 1, 2014 - 12,600 rubles.
    from July 1, 2014 - 12850 rub..
  • from June 1, 2014 - 14,000 rubles.
  • from January 1, 2015 - 14,500 rubles.
  • from April 1, 2015 - 15,000 rubles.
  • from June 1, 2015 - 16,500 rubles.
  • from November 1, 2015 - 17,300 rubles.
  • from October 1, 2016 - 17,561 rubles.
  • from July 1, 2017 - 17,642 rubles.
    According to the decree of the Moscow government dated June 13, 2017 No. 355-PP and the tripartite agreement between the Moscow government, the Moscow Association of Trade Unions and the Moscow Association of Employers dated December 15, 2015 No. 858-PP,
  • from October 1, 2017 - 18,742 rubles.
    By Decree of the Moscow Government of September 12, 2017

Additional payment to the minimum wage in 2018 - 2019

On 01/01/2019, the minimum wage (hereinafter referred to as the minimum wage) changed once again, reaching the level of 11,280 rubles. (Law “On Amendments dated December 25, 2018 No. 481-FZ”). Previously, from May 1, 2018, the minimum wage reached the subsistence level and amounted to 11,163 rubles. (Law “On Amendments dated 03/07/2018 No. 41-FZ”).

Important! The Labor Code of the Russian Federation guarantees citizens wages in an amount not less than the minimum wage (paragraph 7 of Article 133 of the Labor Code of the Russian Federation). At the same time, the regional minimum wage cannot be lower than the federal one.

We draw attention to the following points:

  • In addition to the minimum wage determined at the federal level, some constituent entities of the Russian Federation set their own minimum wage in accordance with the rules of Art. 133.1 Labor Code of the Russian Federation.
  • It is the employee’s salary that must reach the established minimum wage level (federal or regional) - taking into account all its components: salary, bonuses, compensation payments, etc. (see Article 129 of the Labor Code of the Russian Federation). Of course, if the employee is only paid a salary, then it should be compared with the minimum wage level and, if necessary, increased to it (see letter of the Ministry of Finance of the Russian Federation dated November 24, 2009 No. 03-03-06/1/768, ruling of the Khabarovsk Regional Court dated April 26, 2013 No. 33-2252/2013).
  • The salary level of employees of organizations located in the regions of the Far North and in areas with a similar status, without taking into account the regional coefficient and bonuses for length of service, should not be lower than the minimum wage (see Section 1 of the Review of Practice, approved by the Presidium of the Armed Forces of the Russian Federation on February 26, 2014) .

The procedure for establishing the minimum wage in the regions of the Russian Federation

The minimum wage differs in different regions of the Russian Federation and is determined depending on socio-economic conditions.

Risks! If a regional minimum wage is established in a constituent entity of the Russian Federation, it does not apply to employees of organizations receiving funding from federal budget.

The regional minimum wage is established by a tripartite commission by concluding a regional agreement, which will be officially published along with an invitation to employers of the subject to join it.

Note! The employer is considered to have automatically acceded to the agreement if it does not send a reasoned refusal to the authorized body within 30 calendar days.

The table below shows the constituent entities of the Russian Federation in which the minimum wage differs from the federal one:

The subject of the Russian Federation

Minimum wage, rub.

Base

Republic of Tatarstan (Tatarstan)

for state and municipal institutions of the Republic - in the amount of the minimum wage

Agreement on the minimum wage in the Republic of Tatarstan dated December 29, 2018

for employees of organizations in the non-budgetary sector of the economy

Tyva Republic

for employees of organizations financed from the republican and local budgets, without taking into account regional coefficients and percentage increases in wages for work experience in the Far North and equivalent areas

Regional agreement on the minimum wage in the Republic of Tyva from May 1, 2018 dated May 29, 2018

for employees of other employers without taking into account regional coefficients and percentage increases in wages for work experience in the Far North and equivalent areas

Altai region

for public sector workers, agricultural workers, workers involved in community service or temporarily employed under agreements between employers and employment service bodies, as well as for workers from among citizens with disabilities employed under agreements on the creation or allocation of jobs for the employment of disabled people against the established quota in public organizations disabled people - in the amount of the minimum wage

Regional agreement on the minimum wage in the Altai Territory for 2019 - 2021 dated December 17, 2018

for employees of the non-budgetary sector of the economy (without taking into account the regional coefficient)

Bryansk region

for public sector organizations

Regional agreement on the minimum wage in the Bryansk region for 2019 dated December 5, 2018

for non-budgetary organizations

Volgograd region

in the amount of minimum wage:

1) for state and municipal institutions,

non-profit organizations;

2) organizations created by public associations of disabled people;

3) workers carrying out labor activity in public and temporary work (including internships) organized by the employer for the temporary employment of workers as part of the implementation of programs of additional measures to reduce tension in the labor market of the region and promote employment of the population

Regional agreement on minimum wages in Volgograd region dated 07/05/2016 No. S-272/15

for the extra-budgetary sphere - in the amount of 1.2 times the subsistence minimum of the working-age population of the region

for employers classified by type of economic activity as agriculture, - at least 1.2 times the subsistence minimum for the working population based on the results of the calendar year

Kaliningrad region

Regional agreement on the minimum wage in the Kaliningrad region dated May 18, 2018

Kemerovo region

for commercial organizations (except for organizations operating in the field of regulated pricing) and individual entrepreneurs- not lower than 1.5 times the subsistence level of the working population of the region

Kuzbass regional agreement for 2016 - 2018 dated January 25, 2016

Leningrad region

Regional agreement on minimum wages in Leningrad region for 2019 dated December 05, 2018 N 06/C-18

Lipetsk region

for public sector employees - in the amount of the minimum wage

Regional agreement on the minimum wage in the Lipetsk region for 2018 - 2020 dated December 27, 2017

for employees of non-budgetary organizations - not less than 1.2 times the minimum subsistence level of the working-age population for the fourth quarter of the previous year, but not less than the minimum wage (11280)

Moscow region

Agreement on the minimum wage in the Moscow region dated March 1, 2018 No. 41

Omsk region

for employees of organizations and individual entrepreneurs carrying out as the main type of economic activity “agriculture, forestry, hunting, fishing and fish farming”, non-profit organizations, organizations financed from the regional and local budgets of the region, as well as workers participating in public works organized in accordance with paragraph. 8 pp. 8 clause 1 art. 7.1-1 of the Law of the Russian Federation “On employment of the population in Russian Federation"(without taking into account the regional coefficient established for the region)

Regional agreement on minimum wages in Omsk region dated 12/14/2018 N 103-RS

for employees of other employers (without taking into account the regional coefficient established for the region)

Pskov region

in the amount of minimum wage:

1) for employees government agencies region and state unitary enterprises;

2) employees of municipal institutions and municipal unitary enterprises of municipalities of the region;

3) employees working in the region in socially oriented non-profit organizations;

4) employees working in the region in consumer cooperation organizations;

5) employees working in the region for small businesses

Regional agreement on the minimum wage in the Pskov region dated December 29, 2017

for employees working in the region for other employers:

for employees belonging to the main personnel

for employees classified as support personnel - in the amount of the minimum wage

Rostov region

at enterprises and organizations of the extra-budgetary sphere - in an amount not lower than 1.2 times the subsistence minimum of the working-age population of the region for the fourth quarter of the previous year

Rostov regional tripartite (regional) agreement for 2017 - 2019 dated November 16, 2016 N 12

at micro-enterprises and small enterprises during the first three years of operation - in an amount not lower than the subsistence minimum of the working-age population of the region for the fourth quarter of the previous year

Tula region

for employees of state and municipal institutions of the region

Regional agreement on the minimum wage in the Tula region dated December 22, 2017

for non-budgetary workers

Ulyanovsk region

for employees of organizations established by the region or municipalities of the region, as well as for employees of small businesses - in the amount of the minimum wage

Regional agreement on the minimum wage in the Ulyanovsk region dated November 15, 2018 No. 124-dp

for employees of extra-budgetary spheres and medium-sized businesses

in the amount of the subsistence minimum of the city’s working population

Moscow tripartite agreement for 2019-2021 dated September 19, 2018

Saint Petersburg

Regional agreement on the minimum wage in St. Petersburg for 2019 dated November 28, 2018 No. 332/18-C

Additional payment up to the minimum wage for an incomplete month worked

Important! The salary may be lower than the minimum wage if:

  • the employee is assigned a part-time/part-time job work week(you can learn more about the various modes of organizing working time from our article “Working time according to the Labor Code - types and features”);
  • the employee works part-time.

In these cases, since the employee is underemployed, the remuneration he receives at the end of the month may be lower than the established minimum wage. In this case, the minimum amount to be paid is calculated in the appropriate proportion of the minimum wage.

Example: A teacher works at 0.25 salary. The minimum wage from 01/01/2019 is 11,280 rubles. This means that this teacher cannot receive less than 2,820 rubles from 01/01/2019. (i.e. 11,280 × 0.25).

Risks! If the employees’ salary is below the minimum wage, the employer may be held administratively liable on the basis of Part 6-7 of Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

Order for additional payment up to the minimum wage (sample)

There is no unified/standard form of order for additional payment to an employee whose salary does not reach the minimum wage level.

At the same time, the issuance of an order to increase the salary must be preceded by the following personnel procedures:

  • Conclusion of an additional agreement to the employment contract. In this document, it is necessary to agree on a new salary amount with the employee, since the amount of remuneration for labor is an important condition of the employment contract (Article 72 of the Labor Code of the Russian Federation).
  • Making changes to the staffing table (if necessary) or issuing a new staffing table with current data.
  • name of the document and its details;
  • grounds for additional payment - discrepancy between the salary level and the established minimum wage, including a reference to the relevant regulatory legal act at the federal or regional level regulating the current minimum wage amount;
  • information about the employee in respect of whom this order is issued: last name, first name, patronymic, position, name of the structural unit in which he is employed;
  • amount of surcharge;
  • date of payment;
  • indication of persons responsible for executing the order;
  • signature of the employer’s authorized person with a transcript;
  • signatures with a transcript of the persons responsible for executing the order, and the inscription “I have read the order”, the date of familiarization.

A sample of the document mentioned can be found at the link below: Order for additional payment up to the minimum wage - sample.

Calculation of the amount of additional payment up to the minimum wage

As examples, let's look at the most common situations, let's take the minimum wage, effective from 01/01/2019:

  • The employee works full time, there are no regional coefficients or bonuses, the salary is 5,000 rubles, the monthly bonus is 2,000 rubles, a budgetary organization. So, the employee receives 7,000 rubles, which is 4,163 rubles. less than the established minimum wage. Accordingly, he needs to pay an additional 4,280 rubles.
  • The employee works for a Moscow company that is a party to the regional agreement on the minimum wage in Moscow. Salary - 15,000 rubles, monthly bonus - 2,000 rubles. Since at the moment the regional minimum wage in Moscow is 18,580 rubles. (see “Moscow tripartite agreement for 2019 - 2021 between the Moscow Government, Moscow trade union associations and Moscow employers’ associations”), then the employee must pay an additional 1,580 rubles.
  • The employee works in an area equated to the regions of the Far North. Salary - 5,000 rubles, regional coefficient - 1.2, bonus for length of service - 10%, no regional minimum wage. As we wrote above, for this category of workers, the salary part of the salary is brought up to the minimum wage level, without taking into account the coefficient and bonus for length of service. In this case, since there are no other additional payments, we evaluate only the salary. Accordingly, the employee must pay an additional 6,280 rubles. And then the coefficient and bonus will be calculated on the salary amount increased to the minimum wage - 11,280 rubles.

Note! The regional coefficient and percentage increase in wages depend on the place where the employee actually works, and not on the location of the employer (see letter of Rostrud dated January 15, 2016 No. ТЗ/23333-6-1).

So, an employee whose salary does not reach the established minimum wage level (federal or certain cases- regional), the employer is obliged to pay the appropriate amount so that the salary, taking it into account, is not lower than the minimum wage. If the employee works part-time work time or is a part-time worker, then his salary may be lower than the minimum wage, but its minimum threshold is determined as part of the minimum wage, proportional to the time worked.

2018 was the first year in modern history Russia, when the minimum wage equaled the subsistence level. The change in the lower wage threshold affected many aspects of the economic and social life countries. In this article we will talk about what the minimum wage is, how it is established, where it is applied and what it affects, and we will also note the subtleties and nuances of applying the minimum wage in various fields.

Minimum wage: what is it?

The abbreviation MROT stands for minimum wage. This is the lower threshold of the amount that an employer is required to pay an employee for a full month worked. This indicator is approved by law and is mandatory for all employers, regardless of the form of ownership of the organization. Failure to fulfill the employer's obligation to set a salary not lower than the minimum wage entails administrative liability.

For almost the entire post-Soviet history, Russia was characterized by a significant lag between the minimum wage and the subsistence level, and only since 2016 the situation began to change. From May 1, 2018, the minimum wage is equal to the average subsistence level in the country.

Changes in the federal minimum wage in the Russian Federation over the past 10 years

Data are presented in reverse order.

Watch a foreign video, designed in a cartoon format with Russian subtitles, which clearly reveals the essence of the concept of minimum wage (minimum wage) and how it affects unemployment:

Video: How the minimum wage creates unemployment

First of all, the minimum wage is used to regulate labor relations. Employers of any form of ownership do not have the right to pay wages below the minimum level established by law. Exceptions are specifically stated in the law; they will be discussed below.

In addition, social benefits (maternity benefits, sick leave), and in some cases unemployment benefits are calculated based on the minimum wage.

The size of the minimum wage in the Russian Federation has not only economic, but also political significance. Only political forces for a long time called for an increase in the minimum wage to a living wage. Others argued that such actions would spur , since they would cause an increase in wages that was not ensured by an increase in labor productivity and, as a result, an increase in prices. As a result, the principle of political expediency prevailed: against the background of a series of election campaigns over 2 years, the amount of the minimum wage increased by more than 80%. A mitigating circumstance was the record low level in the country.

In total, according to the Ministry of Finance of the Russian Federation, an increase in the minimum wage directly affects payments to approximately four million working residents of the country. Another 12 million have salaries and benefits tied to the minimum wage.

Who sets the minimum wage

Minimum size According to Russian legislation, wages are established both at the level of the entire country and for each region. Moreover, the regional minimum wage cannot be less than the federal one.

The all-Russian level is proposed by the government of the Russian Federation, adopted in the form of a law by the State Duma, approved by the Federation Council and signed by the president. The regional size of the minimum wage is established by an agreement concluded for 3 years between the government of the region, territory or republic, the regional association of trade unions and the regional association of industrialists and entrepreneurs.

The minimum wage is regulated by several legal acts.

1 Federal Law “On the Minimum Wage” (No. 82-FZ of June 19, 2000).

A fairly outdated document, the main value of which is to determine the scope of the minimum wage: to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance. This indicator cannot be used for other purposes.

2 Article 133 of the Labor Code of the Russian Federation.

It states that the minimum wage cannot be lower than the subsistence level. This point has not been implemented for a long time, but since May 2018, reality has been brought into line with the law. Also, Article 133 specifies how the minimum wage should be paid:

  • private companies - at their own expense;
  • budgetary companies - at the expense of funds from the relevant budgets (federal, regional or local, depending on the organization’s jurisdiction) and extra-budgetary money (for example, from income from paid services, voluntary donations, grants, etc.).

In addition, it is noted that the minimum wage is due to any employee who has completed monthly norm labor established for his position.

3 Article 133.1 of the Labor Code of the Russian Federation

It regulates the setting of minimum wages in the regions. The text almost completely repeats Article 133 with the difference that in regions, territories and republics, workers’ wages cannot be lower than the regional level minimum payment labor. The regional minimum wage does not apply to employees of organizations financed from the federal treasury.

4 Article 129 of the Labor Code of the Russian Federation

Here it is determined that wage- salary, compensation and incentive payments. In relation to the minimum wage, this formulation is important because theoretically, an employee’s salary may be less than the minimum if he does not fulfill the requirements that entail receiving a bonus. This is in conflict with Article 133 of the Labor Code of the Russian Federation (“The monthly wage of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage”). A way out of such a legal conflict was found in increasing the compensation part: even if an employee is not entitled to a bonus in a given month for some reason, he is given an additional payment up to the minimum wage level.

5 Resolution of the Constitutional Court of the Russian Federation dated December 7, 2017 N 38-P

A document with the dry title “On the case of verifying the constitutionality of the provisions of Article 129, parts one and three of Article 133, parts one, two, three, four and eleven of Article 133.1 of the Labor Code of the Russian Federation” is extremely important for millions of Russians. In it, the Constitutional Court of the Russian Federation put an end to discussions of whether regional coefficients (RC) are included in the minimum wage. The fact is that in Article 129 of the Labor Code of the Russian Federation until 2007 there was a clause that the minimum wage is the minimum wage for unskilled labor under normal conditions (accordingly, any allowances for qualifications and special conditions must go above the “minimum wage”). There are still many articles circulating on the Internet that cite this point as valid. However, back in April 2007, State Duma deputies excluded it from the law. They did not fail to take advantage of this in regions where increasing coefficients were established for difficult working conditions - in the Far North, for example.

As a result, it turned out that the region set the minimum wage slightly higher than the federal one, but allowed “northern” allowances to be included in it. The Constitutional Court explained that the minimum wage must be provided to all workers, regardless of working conditions. This means that the “northerns” have nothing to do with it. Accordingly, employers are obliged to pay employees not “minimum wages, including the Republic of Kazakhstan”, but “minimum wages plus the Republic of Kazakhstan”.

6 Federal laws No. 41-FZ of March 7, 2018 and No. 421-FZ of December 28, 2017.

These legal acts establish the amount of the minimum wage as of May 1, 2018 and the rules for changing the minimum wage subsequently (more on this in the FAQ section).

What is included in the minimum wage

Based on the above legal acts, the minimum wage includes:

  • An official salary or other remuneration for work based on the employee’s skill level.
  • Compensatory payments (in particular, additional payment to the minimum wage level for employees whose salaries are lower, as well as a regional coefficient in territories where they are in no hurry to implement the decision of the Constitutional Court of the Russian Federation, given above).
  • Premium payments.

Minimum wage when working on weekends and holidays

The Labor Code includes special articles devoted to work on holidays, weekends, and at night. This time is calculated and paid in excess of the labor standards established for this position. Accordingly, overtime is not included in the minimum wage. Payments for additional time worked are not included in the minimum wage (if a junior teacher works at one and a half times the rate, the “minimum wage” is calculated based on one rate).

For overtime hours, payment is 1.5-2 times more expensive than usual (Article 152 of the Labor Code of the Russian Federation), and for work on holidays or weekends - double the amount of payment. Night work is paid in accordance with the standards at each enterprise, but always at an increased rate (by at least 20%) compared to daytime work. The difference is also not taken into account in the minimum wage.

If the employee’s salary includes only the salary, and the variable part is not provided, then the salary must be no less than the minimum wage. But when the salary includes bonuses, allowances and other incentive components, the salary may be lower than the minimum wage. As mentioned above, Article 133 of the Labor Code of the Russian Federation only requires that the total amount of remuneration for work not be lower than the minimum wage.

Important question: what amount is considered the minimum amount - including personal income tax or “net”, received by the employee in person? The legislation views this issue as follows: the employer is an intermediary between the employee and the tax service. It is not he who collects the tax. This means that the employer’s task is to charge an amount no less than the minimum wage. And paying income tax on this money is the employee’s business; the employer has nothing to do with him (except for technical transfers). Accordingly, from May 1, 2018, the employer is obliged to charge an amount not less than 11,163 rubles. In fact, taking into account the payment of personal income tax, the employee receives 9,711.8 rubles.

Here are two more cases when wages can be legally lower than the minimum wage:

1 Part-time job. Article 285 of the Labor Code of the Russian Federation provides for remuneration for part-time work based on the volume of output or in proportion to the time worked.

2 Part-time. Article 93 of the Labor Code of the Russian Federation allows the employer to pay below the minimum wage for part-time work. This can be either regular work in a reduced volume or activities individual categories workers who are allowed by the Labor Code to use part-time work (minors; pregnant women; caring for sick family members; parents of a disabled child under 14 years of age).

What are the consequences of a salary below the minimum wage?

Despite the fact that remuneration for a full month of any work cannot be lower than the minimum wage, there are quite a lot of organizations in Russia where even the minimum wage is not paid. Due to the features tax legislation The main reason for violating the requirements of the Labor Code is an attempt to reduce the fiscal burden on business. The lower the salary, the less accruals on it (amounts going to Pension Fund and the Social Security Fund). Therefore, many entrepreneurs prefer to pay a meager salary officially, and the rest of the salary goes “in an envelope” and is not subject to state accounting and taxation. In many cases, it turns out that formally the monthly payment is below the minimum wage.

For employers paying wages below the minimum established level, a fine of 10 to 20 thousand rubles is provided for officials, and from 30 to 50 thousand rubles for legal entities. Individual entrepreneurs can be punished with a fine of 1,000 to 5,000 rubles.

For a repeated violation, the fine for officials increases to 20-30 thousand rubles, for legal entities - up to 50-100 thousand, for individual entrepreneurs - up to 10-30 thousand rubles. In this case, the guilty official (for example, the director of a company) may be disqualified for up to three years.

What to do if your salary is below the minimum wage?

If you really want to officially receive at least the minimum level of wages (this is not always rational for the employee, since by increasing the official part of the salary, the employer reduces the total amount paid, subtracting taxes and charges from it), the procedure is as follows:

1 Make a free-form demand to the employer to review your salary and pay the difference between your official salary and the minimum wage for the entire period of work.

2 If the employer refuses to revise the official part of the salary, a copy of the request along with the application can be sent to labor inspection or the prosecutor's office.

Minimum wage and living wage

Article 133 of the Labor Code of the Russian Federation directly states: the minimum wage should not be lower than the subsistence level. Since the beginning of the 90s, this standard has not been met due to a lack of budgetary funds (most of the positions that are paid below the minimum are in the public sector). Since 2016, the gap between the minimum wage and the living wage has begun to narrow. And on both sides: in many regions, decisions were made to reduce the cost of living.

In order to avoid such manipulations and due to the low level of inflation, as well as for the political reasons that have already been mentioned, a decision was made from May 1, 2018 to set the minimum wage at the level of the average subsistence level in the country. However, in reality, due to the collection of personal income tax, the income of an employee receiving the minimum wage will still be below the subsistence level.

Minimum wage and sick leave

Temporary disability benefits are calculated based on the minimum wage in several cases:

The amount of sick pay depends on length of service. The calculation algorithm is as follows:

1 Calculation of the minimum average daily earnings (MSW):

MSZ = minimum wage * 24 months / 730 days

2 If sick leave has been issued over the past two years, then the number of days of temporary disability is subtracted from 730 days.

Minimum wage and benefits

“Maternity” benefits are calculated based on the minimum wage in several cases:

  • If the employee has not worked within the last 2 years
  • If the employee’s average salary was lower than the current minimum wage
  • If the employee's work experience is less than six months

Child care benefits up to 1.5 years old cannot be lower than the minimum wage.

Unemployment benefits depend on the minimum wage when the unemployed person has minor children or other persons with limited legal capacity as dependents. In this case, the benefit amount increases by ½ minimum wage for each dependent.

The maximum unemployment benefit cannot exceed the “minimum wage” by more than 1.5 times.

Until recently, entrepreneurs made insurance contributions based on the minimum wage, but from January 1, 2018, they were replaced by fixed amounts.

Until mid-2007 (before amendments were made to the Code of Administrative Offenses by Federal Law No. 116-FZ dated June 22, 2007), fines depended on the minimum wage. The minimum wage for calculating fines was considered equal to 100 rubles.

Until July 2009, the minimum wage was used to calculate the size of the authorized capital of joint-stock and unitary enterprises.

Minimum wages in the regions

In accordance with Article 133 of the Labor Code of the Russian Federation, any region of Russia has the right to establish its own minimum wage. The only condition is that it should not be lower than the federal one. In the northern regions, in addition to the national minimum wage level, bonuses and coefficients are awarded. In Moscow and St. Petersburg, the minimum wage has historically been higher than the national average. The minimum level of wages varied significantly in cities with special working conditions (Norilsk and other industrial areas). Before May 1, 2018, almost three dozen regions of the country had a minimum wage that differed from the national minimum wage. After raising the minimum level to 11,163 rubles, the number of such federal subjects decreased.

Regions in which the minimum wage differs from the national average

Region Regional minimum wage (rub.)
Moscow 18742
Saint Petersburg 17,000 (11,163 for public sector employees)
Magadan Region 19500 – 21060 (depending on territory)
Kamchatka Krai 18360 – 21180 (depending on territory)
Irkutsk region 11163 – 27908 (depending on territory)
Krasnoyarsk region 11163 – 26376 (depending on territory)
The Republic of Sakha (Yakutia) 17388 (11163 – for public sector employees)
Yamalo-Nenets Autonomous Okrug 16299 (including allowances and bonuses)
Murmansk region 15185 (11163 – for public sector employees)
Moscow region 13750 (11163 – for public sector employees)
Tula region 13,000 (11,163 for public sector employees)
Nenets Autonomous Okrug 18567 (11163 – for public sector employees)
Tomsk region 11163 – 16500 (depending on territory)
Khabarovsk region 11163 – 15510 (depending on territory)
Republic of Karelia 11163 – 12100 (depending on territory)
Kemerovo region Cost of living in the region for the previous quarter * 1.5
Volgograd region Cost of living in the region for the previous quarter * 1.2
Bashkortostan Federal minimum wage + bonuses, allowances and coefficients (the minimum wage includes only salary)
KHMAO-Yugra Federal minimum wage + regional coefficient

As mentioned above, the regional minimum wage is irrelevant for employees of budgetary institutions receiving salaries from the federal budget. In addition, in order to avoid a sharp increase in regional budget expenditures, many subjects of the federation establish an all-Russian minimum wage for all budgetary organizations - both federal, regional and local.

FAQ

The minimum wage has been legally increased to the subsistence level. But the latter is set every quarter and often downward. Does this mean that the minimum wage may be higher than the subsistence level?

On May 1, the legislator introduced a flexible system for determining the minimum wage. Federal Law No. 41-FZ of March 7, 2018 established the minimum wage at 11,163 rubles. This minimum wage will be in effect until January 1, 2019, after which Article 3 of Federal Law No. 421-FZ of December 28, 2017 will come into force. It states: the minimum wage is set once a year from January 1 at the level of the subsistence level for the second quarter of the previous year. Moreover, the current minimum wage level cannot be reduced: if it turns out that living wage fell, the minimum wage will still be 11,163 rubles. So, in theory, the minimum wage may be higher than the subsistence level.

I am an employer, I opened a branch in a region where the local minimum wage is higher than the federal one. Established by tripartite agreement. If I refuse to join this agreement, can I calculate the salaries of branch employees based on the federal minimum wage?

Formally, the employer has the right to refuse to join the agreement on the regional minimum wage. To do this, he must, within a month from the date of publication of the agreement or opening of the enterprise, send an official refusal to the commission that concluded the agreement. The document must be motivated. In your case, this may be the start of a business; difficult economic circumstances are also taken into account: a fall in the stock market, the bank in which your funds were located, a refusal of a loan, emergencies, etc. Each argument must be supported by documentation: an extract from balance sheet, insurance company report, and so on. But even in this case, the chances of a positive solution to your question are almost zero. At least in the Russian Federation, there are no precedents when companies were allowed to apply the federal minimum wage in regions where a higher regional one applies.

Over the past 2 years, the minimum wage has been increased 4 times. From what minimum wage are sick pay calculated (when calculating them, a period of 2 years is taken) - from the current one, or are all 4 amounts taken into account, broken down by the periods in which they were valid?

All benefits (for temporary disability, for pregnancy and childbirth, for child care up to 1.5 years) are calculated only on the basis of the minimum wage in force at the time of calculation.

Conclusion

The minimum wage is an important indicator that regulates the level of wages in the country, and also determines the size of a number of benefits that are important from a social point of view. It is initiated by the government of the Russian Federation and established through the adoption of a special law. The minimum wage is mandatory for all organizations and individual entrepreneurs operating in Russia: it is impossible to pay wages for a full working day below the level established by the state. In some regions due to economic features established their own minimum wage levels, which exceed the federal one.

Over the past 10 years, the minimum wage has been increased 10 times, but nevertheless, it has significantly lagged behind inflation and the growth of the cost of living. And only from May 1, 2018, the minimum wage and subsistence level indicators became equal. This is of great economic and legal importance. Paragraph 1 of Article 133 of the Labor Code of the Russian Federation has ceased to be a formality. The increase in the minimum wage directly affected about 4 million working citizens, and over 12 million more experienced the increase in the “minimum wage” indirectly. The legislation finally implements a clear mechanism for changing the minimum wage linked to fluctuations in the cost of living.

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State regulation in Russia, in accordance with the constitution, is of a social nature; for these purposes, a minimum wage standard was introduced - the Minimum Wage in Russia.

What is the minimum wage in Russia

The minimum wage (abbreviated as MROT) is a set minimum wage per hour, day or month (year) that an employer can (must) pay its employee and for which the employee can legally sell his labor.

  • The minimum wage can be established legislatively and informally, for example, by signing an industry agreement between a trade union and a consolidated employer (tariff agreement).
  • Although the minimum amount is applied in many countries, there is no clear consensus on the benefits and harm that such a minimum brings.

The minimum wage is regulated by Federal Law dated June 19, 2000 No. 82-FZ “On the minimum wage” and Art. 133 of the Labor Code of the Russian Federation. At the same time, regulation is carried out at the federal and regional levels.

By whom and how is it installed?

In accordance with the Federal Law of June 19, 2000 No. 82-FZ “On the Minimum Wage,” the minimum wage in Russia at the federal level is established only by the Government.

According to Art. 133.1 of the Labor Code of the Russian Federation, the minimum wage at the regional level is determined by concluding tripartite agreements between representatives of trade unions, employers and government bodies of the constituent entities.

The legislation does not set a specific date. The minimum wage is changed according to a special resolution of the Government of the Russian Federation.

What is provided

The minimum wage established by federal law is ensured by:

  1. organizations financed from the federal budget - at the expense of the federal budget, extra-budgetary funds, as well as funds received from business and other income-generating activities;
  2. organizations financed from the budgets of the constituent entities of the Russian Federation - at the expense of the budgets of the constituent entities of the Russian Federation, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;
  3. organizations financed from local budgets - at the expense of local budgets, extra-budgetary funds, as well as funds received from business and other income-generating activities;
  4. other employers - at their own expense.

Controlled by

Compliance with minimum wage standards is monitored by:

  • Ministry of Labor and Social Protection
  • Financial authorities
  • State Labor Inspectorate
  • Prosecutor's Office bodies.

Position of trade unions

The Federation of Independent Trade Unions of the Russian Federation believes

« The fact that the minimum wage should be calculated not lower than the subsistence level is unconditional. But what is the living wage? The living wage that is being calculated now is calculated using a flawed methodology that was introduced in 1991 by the first Gaidar government as a crisis methodology for use within six months. 20 years have passed and it is still in use. In fact, this is the level of physiological survival. It cannot be called a real minimum wage«.

Regional minimum wage

Due to the different standards of living between the regions of Russia, in labor code Article 133.1 of the Russian Federation provides for the right of regional authorities to set their own minimum.

How and by whom it is installed in the region

The minimum wage at the regional level is established by agreement of three parties: the government of the constituent entity of the Russian Federation, the association of trade unions and the association of employers (the union of industrialists and entrepreneurs).

All employers in the region automatically become parties to such an agreement if they do not send a written reasoned refusal within 30 days from the date of its official publication in the regional media.

You can find out the specific minimum wage in the state labor inspectorate for the region or in regional media on the Internet.

Combining the minimum wage and subsistence level

Vladimir Putin signed the law of December 28, 2017 No. 421-FZ on increasing the minimum wage to the subsistence level from January 1, 2019, and in 2018 proposed to accelerate the integration of indicators from May 11, 2018.

The Ministry of Labor and Social Protection approved that the Federal minimum wage in Russia from May 1, 2018 will be set at the level of the subsistence level of the working population in Russia as a whole for the second quarter of the previous year.

What is it used for?

The minimum amount used to regulate wages in the Russian Federation, as well as to determine the amount of benefits for temporary disability. This indicator answers the question of how much and what minimum wage an employer should pay an employee in Russia, with the exception of St. Petersburg and Moscow (set separately).

Pay sick leave and maternity benefits based on the minimum wage in four cases:

  • the employee has no earnings in the pay period;
  • average earnings are less than the minimum wage;
  • the employee's insurance period is less than six months;
  • the employee violated sick leave without a valid reason.

The minimum wage is also used to determine the amount of taxes, fees, fines and other payments, which are calculated in accordance with the legislation of the Russian Federation depending on the minimum amount.

Employers do not have the right to pay employees a monthly salary in an amount less than the established amount. True, if an employee works part-time or part-time, then he can receive an amount per month that is less than the minimum wage, and there are no legislative obstacles here.

Minimum wages by year in Russia

An indicator used to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance.

The period from which
minimum set
wage rate

Minimum amount
amount of payment
labor
(rub., per month)

Normative act,
setting the minimum
wage rate
from January 1, 2019 11 280,00 the federal law
12/28/2017 No. 421-FZ
from May 1, 2018 11 163,00 the federal law
dated 03/07/2018 No. 41-FZ
9 489,00 the federal law
dated December 28, 2017 No. 421-FZ
7 800,00 the federal law
dated December 19, 2016 No. 460-FZ

Art. 1 Federal Law
dated June 2, 2016 No. 164-FZ

Art. 1 Federal Law
dated December 14, 2015 No. 736-FZ

Art. 1 Federal Law
dated 12/01/2015 No. 408-FZ

Art. 1 Federal Law
dated 02.12.2013 No. 82-FZ

Art. 1 Federal Law
dated 03.12.2012 No. 232-FZ

Art. 1 Federal Law
dated June 24, 2011 No. 106-FZ

Art. 1 Federal Law
dated June 24, 2008 No. 91-FZ

Art. 1 Federal Law
dated April 20, 2007 No. 54-FZ

Art. 1 Federal Law
dated December 29, 2004 No. 198-FZ

Some people confuse the cost of living with the minimum wage. Minimum wage established by federal authorities. All subjects of the Russian Federation are required to comply with it. Moreover, in many regions, federal values ​​are increased due to local surcharges and coefficients. The cost of living is constantly adjusted to take into account rising prices for goods that are necessary for human existence.

How is the minimum wage calculated?

Minimum wage represents the minimum salary that an employer is entitled to pay employees. In this way, the state protects low-income citizens. Now the minimum wage is 85% of the subsistence level.

The amount of payments is influenced by several indicators:

  1. First of all, experts assess the rate of inflation.
  2. The amount of the minimum wage depends on the number of unemployed.
  3. Economists take into account production growth rates that affect financial position regions.

Since January of this year, employers cannot pay their employees less than 9,489 rubles.

The minimum wage performs several functions:

  1. The amount paid to the employee during illness depends on the size of this indicator.
  2. Without the minimum wage, it is impossible to calculate payments due to expectant mothers.

In the accounting department of any enterprise, specialists take into account the requirements prescribed in Art. 133 Labor Code of the Russian Federation.

How the minimum wage has changed since July 1, 2017

The dynamics of this indicator over several years can be assessed using the following table.

Minimum wage depends on the various benefits that the employee receives:

  • when calculating an employee’s salary, his salary is taken into account;
  • it is necessary to know the coefficients associated with the increased complexity of the work performed;
  • the amount of payments is influenced by the qualifications of the specialist;
  • in the accounting department, salaries are calculated based on compensation payments for harmful conditions labor;
  • an employee may receive various additional payments from the employer.

Minimum wage from May 1, 2019 in Russia

On May 1, 2019, it is planned to increase the minimum wage to the subsistence level. This became known during one of his trips around Russia as part of Vladimir Putin’s election campaign. On this moment The minimum wage is 9,489 rubles. This amount is planned to be increased by 15%.

Thus, the minimum wage (minimum wage) from May 1, 2019 will be 11,136 rubles.

On December 1, 2017, the State Duma adopted a much-needed law on increasing the minimum wage to the level of the subsistence level in the Russian Federation. Vladimir Putin said that the economy maintains positive dynamics “We have the opportunity to equalize the minimum wage and the cost of living from May 1. And we will do it."

What is included in the minimum wage

In budget and government organizations The minimum wage includes net salary, before deduction of personal income tax and contributions to the Pension Fund.

For all other organizations this may include:

  1. Salary
  2. Compensation and supplements for processing
  3. Incentive payments: bonuses, bonuses, etc.

Minimum salary from January 1, 2019

How are weekends and holidays paid?

An employee who goes to work on a holiday can count on double income. Moreover, the employer pays only for the hours actually worked. The employee's work schedule does not matter.

Important! An employee's income greatly depends on the number of holidays. Piece rates for such workers are doubled. The luckiest people are those who work at an hourly rate. Thanks to holidays, a person receives more money for each working day (Article 112, Part 4 of the Labor Code of the Russian Federation).

Features of using the minimum wage when calculating sick leave

How to calculate the salary of an employee who has not worked for a whole month? His income will be less than the minimum wage. But this contradicts the requirements of labor legislation. To calculate sick leave payments, the accounting department uses the minimum wage in force in the region.

The number of days in a leap year does not coincide with generally accepted indicators. Regardless of the actual length of the year, experts take it to be 730 days. There are certain features regarding the calculation maternity benefits. In this case, you need to take into account the base amount that is subject to taxes.

In 2017, payments were calculated based on the fact that the employee’s income level was RUB 755,000. Any employee must earn at least 311.97 rubles per day.

The amount earned by an employee can be determined based on the following rules:

  1. If a specialist has worked for 8 years, then he can count on payments in the amount of 100% of his income.
  2. What can people who have worked for 5 to 8 years claim? They have the right to receive benefits that amount to 80% of their salary.
  3. Employees who have worked for less than 5 years will be able to receive sick leave benefits in the amount of 60% of the average salary.

For example, a manager brought a certificate of incapacity for work to the company’s accounting department. The document states that he was ill for 8 days. The employee worked at the plant for 6 years. Average earnings over 2 years amounted to 880,000 rubles. A person’s salary should not exceed the maximum salary, which is RUB 1,473,000. Since the duration of the manager’s work is 6 years, the value of 80% is used in the calculation.

Sick leave payments will be calculated using the following formula:

880,000 / 730 x 80% = 964.38 rubles.

The manager was ill for 8 days. This means that the benefit amount for this period will be:

964.38 x 8 = 7,715.04 rubles.

How will the minimum income of capital residents increase in 2019 (table)

The dynamics of changes in the minimum wage in the capital can be assessed by the figures indicated in the table.

What should be the minimum income for Moscow residents, rubles.
From January 1, 201818 742
From 07/01/1717 642
from 01.10.1617 561
from 01.10.1517 300
from 06/01/1516 500
from 04/01/1515 000
from 01/01/1514 500

Important! Minimum wage an employee living in Moscow may not coincide with federal values. The minimum wage that Muscovites receive is increased once a quarter. This is spelled out in the agreement that was concluded between the city administration, local trade unions and large employers.

What income is taken into account when calculating the minimum wage?

In July there was an increase in the minimum wage. Now the employer cannot pay employees less than 7,800 rubles. When calculating the minimum wage, all income received by the employee is taken into account. The total salary includes not only the salary, but also all incentive payments.

For example, an employee’s salary is 17,800 rubles. You need to subtract from it income tax, which is 13%. In cash, the employee will receive 17,800 - (17,800 x 13%) = 17,800 - 2,314 = 15,486 rubles.

Important! When calculating wages, you need to take into account that personal income tax is deducted from accrued income. In fact, the employee receives an amount that is less than the minimum wage.

In what cases is an employee entitled to additional payments up to the minimum wage?

When calculating benefits for full-time employees, the local minimum wage must be taken into account. In some regions, a person's minimum salary depends on the field in which he works. An employee who receives too little salary may require additional payment. Regional minimum wage indicators are regularly adjusted to take into account rising prices.

Can a person receive a salary that does not reach the minimum wage?

The criteria regarding the minimum salary do not apply to part-time workers. At the same time, enterprise managers take into account Art. 285 Labor Code of the Russian Federation. The document clearly states the points regarding the calculation of salaries for such employees. Accounting calculates payments to part-time workers based on hours worked. Labor legislation allows for the possibility of part-time employment. The employer in accordance with s. 93 of the Labor Code of the Russian Federation cannot prohibit its employees from caring for sick relatives.

For example, you need to calculate the salary of an employee who works on a reduced schedule. He works 20 hours a week. At full time, the employee’s monthly income would be 19,430 rubles. In a full-time job, a person must work 40 hours a week.

This means that the employee’s salary will be:

19,430 x 50% = 9,715 rub.

How vacation pay is calculated taking into account changes in the minimum wage

When calculating vacation pay, you need to know that the average salary of an employee cannot be less than the minimum value. What happens if an employee’s income does not reach the minimum level? In this case, an additional payment will be added to the accrued amount. The amount of payments depends on the length of rest. Sometimes part of the vacation falls during the period in which the old minimum wage was in effect.

For example, a person went on vacation on December 28 and was supposed to return to work on January 11. Weekends and weekends are excluded from the calculation. holidays from January 1 to January 8. In accordance with Art. 123 of the Labor Code of the Russian Federation, only 4 days that the employee worked in December are subject to payment. The amount of accrued vacation pay is calculated taking into account the old minimum wage.

On January 1, the minimum wage increased to 9,489. The person went to work on the 9th and 10th. These days are subject to inclusion in vacation pay. They are calculated taking into account the new minimum wage.

The minimum income level of a person working full time cannot be less than the minimum wage. In 2019, its level is 9,489 rubles. However, some employers are trying to save on labor. The state punishes such managers with a fine, which ranges from 30 to 50 thousand rubles.

In case of repeated violation, the amount of penalties may increase to 100 thousand rubles. What to do if a person receives a salary that does not meet the requirements of labor legislation? The accounting department of the enterprise is obliged to adjust his salary upward. In the regions of the Far North, there are increased coefficients that affect the minimum income level of employees.

Minimum wage and benefits

The following payments depend on the minimum wage:

  • calculation of sick leave;
  • Payments to women for pregnancy and childbirth;
  • funds that are provided to mothers caring for a baby under 1.5 years old.

Accounting uses the minimum wage when calculating payments in the following cases:

  • if the employee worked for less than 6 months;
  • the employee violated sick leave;
  • the person had no salary;

How to calculate travel allowances

The average salary of an employee going on a business trip depends on changes in the minimum wage. The amount of a person's income cannot be below the minimum minimum level.

For example, an employee was sent to Moscow for 3 days. The average income of a person was 8,000 rubles. In this case, the employee’s income is calculated based on the minimum wage in force in the region.

What is the regional minimum wage?

In accordance with Art. 133 subjects of the federation can adjust the minimum wage taking into account the peculiarities of pricing in the region. Moreover, in many areas the income level significantly exceeds the minimum wage established at the federal level.

What responsibility do employers bear if they pay wages below the subsistence level?

The state punishes business managers who deliberately underestimate the income of their employees. For evading the requirements of the Labor Code of the Russian Federation, the employer is held administratively liable. This year, the amount of fines for enterprise managers reaches 5,000 rubles. Private entrepreneurs pay about 5,000 rubles.

If the violation is repeated, the head of the enterprise will have to pay larger fines. The amount of payments depends on the decision of the inspector. For legal entities, a repeated violation can cost 50,000 rubles.

Violation of labor legislation requirements can be costly for the director of an enterprise. Its organization will become the object of close attention from fiscal authorities. Inspections of an enterprise's activities will inevitably lead to additional fines.

How much do people earn, taking into account their region of residence (table)?

Region in which the employee livesThe minimum wage value in force in accordance with local regulations
BarnaulRUB 9,489
BryanskThe salary of state employees cannot be less than 9,550 rubles.
Vologda9489 rub.
BirobidzhanRegardless of the length of work experience, a person must receive at least 12,000 rubles.
Chita regionThe salary of employees who work in budgetary organizations is 9,489 rubles.

The salary of employees working in difficult conditions cannot be less than 10,960 rubles.

In the private sphere, a person’s income depends on the specific place of residence. Residents of the Kalarsky district receive 11,190 rubles.
Kaliningrad regionIn commercial organizations, the minimum salary for employees is 11,000 rubles. In institutions financed from the budget they are required to pay at least 9,489 rubles.
Kamchatka KraiThe minimum salary depends on the specific territory in which the employee lives. Residents of the Koryak region receive 19,770 rubles.

For the Aleutian district, the minimum wage is 21,180 rubles.
Krasnoyarsk regionResidents of Norilsk are entitled to payments in the amount of 16,130 rubles.

For the North Yenisei region, the minimum wage is set at 15,515 rubles.
KurskPrivate owners do not have the right to pay less than 9,804 rubles.

For municipal organizations the minimum wage is 9,489 rubles.
LipetskRUB 9,489
MoscowIndigenous residents of the capital will expect an increase in the minimum wage to 18,742 rubles.
Moscow regionBudget institutions must pay at least 9,489 rubles. In private companies, the salary of employees cannot be less than 13,750 rubles.
Murmansk regionThe income of an employee employed in the private sector is 15,185 rubles.

Institutions that receive money from the budget are required to pay their employees at least 9,489 rubles.
Omsk9489 rub.
OrenburgRUB 9,489
Eagle10,500 rub.
PenzaRUB 9,489
PermianRUB 9,489
Republic of BashkortostanRUB 10,913
CrimeaRUB 9,489
TatarstanRUB 9,489
RostovRUB 9,489
SamaraRUB 9,489
Saint Petersburg17,000 rub.
SaratovRUB 9,489
SverdlovskRUB 9,489

Employee benefits depend not only on the region of residence. A person’s income is influenced by the field in which he works. In Kazan, employees receive at least 9,489 rubles. This minimum wage level is valid in most regions of the Russian Federation. Specialists living in Ufa are entitled to a salary of 10,913 rubles. Increased payments to Muscovites are associated with higher prices for goods and services. Residents of the capital will earn at least 18,742 rubles.

Conclusion

The state constantly adjusts the minimum wage. In enterprise accounting, the minimum wage affects travel allowances. Vacation pay and benefits depend on this indicator.

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