Is it possible to transfer salary to another person’s card?

Many accountants are not aware of whether it is possible to transfer salaries to another person’s card upon application from an employee. Such a right does exist, but requires certain documentary evidence. Is it possible to transfer salary to another person’s card upon application?

Dividing the family budget often requires careful attention, but making the same type of transfers every month can become a very tedious task. Therefore, an employee has the right to request the transfer of wages to another person’s account. Usually the reason is to pay off a mortgage, loan or child support. Accountants, on the other hand, evaluate these requests from a professional point of view, for example, they consider the possibility of tax risks. Are there really any restrictions, and what are the risks of this method of dividing funds?

The department’s primary task is to credit money to the employee’s account in the amount established by the employment contract. Changing this order is possible only by direct order of management, with documentary evidence.

Salary cards for all company employees are usually ordered from one bank. The money is transferred in a single payment within the framework of ongoing projects. Typically, such a process does not have a commission on the part of the bank; the money is transferred directly to the employees’ accounts.

Employee statement

In many cases, the opportunity to transfer wages is provided to the employee without any delay on the part of the financial department or the director of the company. However, the employee is required to draw up a statement setting out this requirement.

The application must contain the following information:

1. The total percentage of transfers from salary (for example, 100 or 50%).
2. What to consider - salary or other funds: bonus, sick leave, percentage of transactions.
3. In what cases should the transfer be made:

• for advance payments;
• upon final payment of salary;
• every time funds are transferred to an employee’s account.

1. Exact payment terms.
2. Details of a third party.
3. The basis for transferring money is loan repayment, alimony, etc.

The information must be complete for the application to be granted. For each payment there is a payment order. Accountants are required by law to include full details of remittances made in their reports. The application is sent to the head and head of the financial department of the company.

The employee must indicate that he agrees to the transfer being made and the deduction of possible bank commissions.

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Is it legal to transfer wages to someone else’s card?

In practice, the question often arises about the possibility of transferring salaries to someone else’s card. The Labor Code of the Russian Federation states that wages are paid directly to the employee himself, with the exception of situations where a different procedure is regulated by federal laws or an employment contract (paragraph 5 of Article 136 of the Labor Code of the Russian Federation).

International law (International Labor Organization Convention No. 95 of July 1, 1949 regarding the protection of wages) provides for such exceptions as:

• the court's decision;
• desire of the employee (Article 5 of the Convention).

Thus, the very fact of transferring an employee’s salary to someone else’s bank account is permitted by the current legislation. For example, alimony, which is part of an employee’s salary, is unconditionally sent to the alimony recipient’s card on the basis of a writ of execution. Consequently, this once again indicates that there is no prohibition on transferring an employee’s salary to someone else’s card.

It is important to note that the employer has the right to refuse to carry out such operations due to the fact that the norms of paragraph 1 of Art. 421 of the Civil Code of the Russian Federation speaks of freedom of contract: forced registration of any relations between subjects of civil law is not allowed. In addition, such a refusal may be due to the presence in the employment contract or other internal document of the employer of conditions regarding the impossibility of performing these actions.

You can find out the officials’ opinion on the legality of an employer’s refusal to pay wages to someone else’s card in the K+ system by receiving a free trial access.

If the employer is not against such a transfer, then in order to make it, the employee needs to draw up an application indicating the details of the card that he chose for the salary transfer. The application must be submitted no later than 15 days before the payday.

You can download a sample of such an application from our website.

NOTE! Wages transferred to a third party are not withheld, since they do not fit the criteria of withholding established by Art. 137 Labor Code of the Russian Federation. This means that the employee can indicate in the application any percentage of the payment amount that he wants to receive on a card that does not belong to him.

The presence of an employee’s statement will help to justify the ownership of income received by another person, if we consider the possibility of tax risks arising from such transfers.

For information on paying personal income tax on wages, see the article “When to transfer income tax from wages?” .

Possible nuances for accounting

Full or partial payment of wages to another person’s card may be interrupted due to cases that arise in any enterprise. When considering an application from an employee, the following situations should be considered:

1. The salary amount in a particular month was much less than the figure indicated in the application. In this case, what is available is listed - no “borrowed” payments are made. The employee is notified via a payslip.
2. The amount may be sent to the wrong bank account. In this case, you must contact the bank to cancel the payment, and then transfer the funds correctly.
3. Care when filling out the details is required. In case of non-receipt of payment due to the fault of the company's accounting department, the employee can submit a memo about the violation of the terms of salary payment.

This is important to know: What is the salary of the middle class in Russia in 2020 by region

There are many more small nuances - from accounting errors to employees providing false data. All other situations can be resolved both personally and legally.

What is the procedure for transferring wages to a bank card?

In accordance with the provisions of Art. 136 of the Labor Code of the Russian Federation, the employer has the right to pay wages in 2 ways:

1. In cash by issuing through the cash register.
2. By cashless transfer to a bank card.

In this case, the bank to which the employee’s salary will be transferred can be selected:

1. Employer. In this case, the entire staff of the company centrally receives wages in one bank (this is reflected in the collective or labor contract, and when hiring new employees, they fill out an application for a bank card).

Example

Ivanov S.V. was hired by Rassvet LLC, which entered into an agreement with the credit institution PJSC BANK for servicing employee salary cards. Ivanov S.V. should fill out an application to open an account with PJSC BANK, after which he will begin to receive his salary on the card.

1. An employee. In order for wages to be paid to an employee’s personal card, it is necessary to fill out an application indicating bank and account details.

Example

Petrova A.N. got a job at Lily of the Valley LLC. The employee wants to receive her salary on her card, which she had even before joining Landysh LLC. To do this, she fills out an application in which she asks for the salary to be paid to a personal card and provides its details.

Read about the document that establishes the procedure for paying wages here.

NOTE! You cannot prevent an employee from receiving payments to the card of any bank he chooses. In this case, the employee must notify you in writing of his desire to receive a salary from another credit institution, indicating new details no less than 15 calendar days before the salary is paid (Article 136 of the Labor Code of the Russian Federation).

Filling out financial documents

The payment document is filled out with the utmost care. The purpose of the payment and the fact that the funds are withheld from wages must be indicated. Otherwise, the tax service may consider this as “gray” income of the employee with subsequent inclusion in the personal income tax base.

Transfers to third parties must be reflected in the accounting reports. It is recommended to open an additional sub-account for payments at the request of employees. Personal income tax is withheld in the usual manner, despite the application for transfer to third parties.

Is it possible to receive a salary on another person’s card?

For many years now, salaries have not been issued in standard cash registers. It arrives on the card on a strictly established day of the month. As a result, the employee becomes tied to a specific financial institution, being a payroll client. But is it possible to receive a salary on a card from a bank other than the one offered by the employer? This is not prohibited at the legislative level. But this imposes certain difficulties for the employer. Therefore, these manipulations are sometimes associated with problems.

When should you change your salary card?

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It is necessary to change your salary card to a card from another bank if there are compelling reasons. After all, this is a waste of time, effort and partly money. Typically, people make these changes if:

• There is poor service. That is, there are few terminals and ATMs. By the way, you can read about the differences between these devices here. Problems with technical support, inconvenient bank work hours and everything else;
• The bank is weak. There is a risk that it will be closed by revoking its license. Then your salary may get stuck somewhere, as often happens. So change must happen;
• Unprofitable banking services. You want to take out a loan for a payroll client. And they offer you something strange and expensive. Then why be a salary earner at all, since everything is so minor?

In general, you may have other reasons that you may not disclose. The law is on your side, so go ahead.

Is it possible by law to receive salary on another card?

Article of the Labor Code: Labor Code of the Russian Federation, Part 3.Article 136 directly states that an employee of an enterprise can choose the bank through which the employer will transfer his remuneration.

This means that according to the law, you can receive your salary on a card from another bank. Although, such a right was not prescribed before.

Today, the law states that you have the opportunity to notify your superiors at least 5 days before your salary date about changing the bank. During this period, the company must prepare everything from the technical side. Failures in transferring money are not allowed.

But all this forces the employer to make different payment orders, which is expensive. It is not uncommon in practice for all employees to be serviced by one bank and this is not discussed.

How to change a salary card? Step-by-step instruction

To perform this manipulation, you should:

1. Write an application in free form, which will indicate the new card details where you want to transfer your salary;
2. Sign this document with the manager and chief accountant;
3. Draw up an additional agreement or review the amendment to the employment contract;
4. Receive your next salary using new coordinates.

Remember that this requirement must be satisfied. If they ignore you or try to intimidate you, then you need to collect all possible evidence. And then you can contact the control authorities or even the court. This is your legal right. Do not forget.

Application to receive a salary on a card of another bank

An application to receive a salary on a card from another bank is free-form. But it should still contain:

• Your full name - full name;
• Chief's name;
• Details of the new card;
• Signature and date.

It is worth noting that the details of the new card must be specified in full. That is: checkpoint and INN of the bank, the bank account to which the card is linked (more about how to find it out here), the full name of the bank, for example: PJSC “Kirpich”, cor. account (correspondent account), BIC bank (this is a bank identification code, which is described in detail here).

The structure of the application is standard. Top right - to whom and from whom. Then in the center is your detailed request. And below is the date and signature. If you can't figure it out, contact your bank. Examples of statements are often publicly available there. In particular, Tinkoff Bank support itself issues templates for such papers.

When to expect a catch

It is worth noting that this operation is easy for large companies, especially if they are state-owned. Commercial companies that have opened recently have a good attitude towards this.

But old institutions operating like “Sovka” may refuse to transfer wages to another bank’s card. Because there's nothing. Don't contradict the parties and all that.

Another problem arises where there is only one accountant. After all, for one person this is a really serious load. It's much easier to have everyone in the same sandbox. But for large accounting departments there are absolutely no problems.

Pros and cons for the cardholder

If we talk about the disadvantages, the most important one is the deprivation of the status of a “salary client”. That is, you will not see preferential services at the bank. Because many people become paid at once, but not just one employee. The bank needs the quantity. Something like this.

Next, you may encounter inconveniences such as:

There are not many advantages, but they are obvious. This:

• Choosing a bank that is really convenient and profitable for you personally;
• The ability to independently manage your money;
• Prospects for receiving additional benefits by searching for a super bonus card.

Alternative solution

If your stupid employer chose an extremely inconvenient bank to pay wages, and you strongly disagree with this, then you can go a different way. Just transfer money wherever you want.

That is, you received a salary on card “A”, and you immediately received it on card “B”. Then you will be able to achieve the desired effect without any problems.

What documents are needed?

In order to perform the action you are interested in, you do not need any special documents. Having reached an agreement with the employer, you need to come to the accounting department with your passport and write an application to transfer your salary to the account of a third person. There is no example of this type of statement; it is written in any form. We write the application addressed to the director of the enterprise. In the header of the document you must also indicate your last name, first name and patronymic, position, address and telephone number. Next, enter the word “statement”:

• provide details of the recipient;
• wages will be transferred in full or in part;
• during what period payments will be made to a third party;
• indicate the reasons why you needed to transfer your salary to a third party account (optional).

At the end of the application, you write the number, put your signature and transcript. You must ensure that your application is accepted and endorsed in front of you. Otherwise, accounting employees may refer to the fact that the document was not accepted or was lost.

By the tribunal's decision

It is also possible to transfer to the current account of another bank, even if the salary will be transferred only in part. Accounting may require more detailed details if the recipient has an account not in a Russian bank, but in a foreign credit institution.

Indisputably, the enterprise fulfills the requirements to transfer wages to the account of a third party according to a court decision. In this case, the interested person must provide a copy of the court decision to the accounting department of the enterprise, which in turn must formalize everything no later than 5 working days. In what cases can a court oblige an enterprise to transfer wages to a card belonging to another:

1. In case of restriction of an employee’s legal capacity if he abuses alcohol, drugs or is addicted to gambling and puts his family in a difficult financial situation. The salary is transferred in full to the account of the spouse, parent, sister, etc.
2. If an employee has child support obligations. In this case, part of the salary is transferred in the manner established by the court decision.
3. In the event of forced collection of part of the salary from an employee to repay a debt obligation. In this case, part of the earnings is transferred to the third party’s account in the amount prescribed by the court decision.

So, if you wish to transfer your earnings to someone else’s card, this does not mean that the employer will voluntarily accommodate you. Of course, both he and you will have arguments, since the law does not regulate this situation in detail. We must try to negotiate amicably, otherwise we may get into trouble!

What conditions should be added to the employment contract?

Article 56 of the Labor Code of the Russian Federation defines an employment contract as an agreement between two parties - the employee and the employer. Under such conditions, consent to transfer the employee’s wages to the account of a third party must be mutual. That is, if the employer objects to this method of transferring funds earned by the employee, the employee will have to refuse to transfer the salary to his wife’s bank card.

If an agreement is reached between the employer and employee on this issue, the following conditions must be included in the employment contract:

• Payment of wages is made by transfer to a third party bank account specified by the employee.
• If the employee intends to transfer only part of the salary to a third party, the exact amount of the transfer should be indicated.
• Full name, registration address, bank details of the third party payee.

It is necessary to take into account the mandatory inclusion of the above conditions in the employment contract, or the drawing up of an additional agreement, which is an integral part of the employment contract. Otherwise, when paying wages using the details of a third party solely on the basis of an employee’s application, supervisory authorities may regard this circumstance as illegal and unfounded. Judicial practice on this aspect is the resolution of the Kirovsky District Court of the city of Astrakhan dated December 10, 2016 on the claim in case No. 2-6979/2015.

Important information for you: How to collect salary debts: 3 ready-made solutions What to do if your employer does not pay you your salary.

Conclusions on the legality of transferring an employee’s wages to a third party’s bank card are contained in the judicial act of the Pavlovo-Posad City Court of the Moscow Region dated December 10, 2014 in the lawsuit in case No. 2-2305/2014.

Calculation of alimony

How is the amount of alimony payments determined?

The amount of alimony that will be regularly debited from the salary of the alimony provider consists of several points, and also depends directly proportionally on the method of calculation - shared withholding or a fixed sum of money:

1. if the debtor is officially employed or has irregular confirmed income (pension, bonuses, fees, rent, etc.), then alimony will be calculated as a percentage or share of his income - at least 25% of wages for one child , up to 50% for 3 children or more;
2. if the ex-spouse is officially unemployed or has an unstable income, then alimony will be collected in a fixed amount, which is a multiple of the subsistence level for one child.

There are situations when the alimony worker has arrears in payments, then the percentage of deduction from his income can reach up to 70. In this case, the maximum deduction of 70% of the payer’s salary is applicable only to a minor child. The spouse can demand up to 50% of alimony for himself and his maintenance if the child is not yet 3 years old.

The amount of alimony payments is determined only through a notarial agreement between the former spouses or a court decision:

• per child is entitled to up to 25% of the payer’s income;
• for two children 33% of income is charged;
• for three or more children - 50%.

In this case, the amount of payments is affected by:

• the amount of the debtor's salary;
• social status, standard of living and health of participants on both sides;
• the number of children the child support provider still has.

The amount of payments can be changed up or down only by applying to the courts.

If alimony is paid in a fixed amount, then it is impossible to change the amount through the court.

What does the legislation say?

Meanwhile, Article 136 of the Labor Code of the Russian Federation, which regulates the procedure for paying wages, does not directly prohibit its payment to third parties. In accordance with the norms of this article, an employee of an organization has the right to independently choose the method of receiving his salary:

• receive cash from the organization's cash desk;
• receive money to your card or account at the selected bank.

In addition, this article determines that:

Wages are paid directly to the employee, except in cases where another method of payment is provided for by federal law or an employment contract.

This means that if the law provides for the possibility of paying earned money, for example, to the guardians of an incapacitated person or the parents of a minor child, then the employer must act this way. In addition, this possibility can be specified in the employment contract. In this case, inspectors from Rostrud should not have any claims against the employer, because he acts in accordance with the norms of the Labor Code of the Russian Federation.