Labor legislation on the rules for issuing wages on weekends and holidays


If payday falls on a weekend, when will the money be available?

The legislator has provided for how to act if the day of payment of wages according to the schedule approved by the internal regulations coincides with a day off according to the calendar. This question does not cause any difficulties in interpretation for experienced managers. There is a clear rule: if the payday falls on a weekend, it must be paid the day before. For example, on the 15th of every month your company issues an advance payment. October 15, 2020 is Saturday, and according to the rules you have a 5-day work week with two official days off on Saturday and Sunday. Therefore, the employer is obliged to issue an advance on the eve of Friday, October 14, 2020.

The natural question is what will happen if the employer violates this rule and transfers the advance to employees only on Monday, October 17, 2020? The legislator also provided for such a case and established liability for violation, since the issuance of wages after the day approved for this procedure is unacceptable. An employee plans his expenses and it is important for him to know exactly when and how much he can count on; therefore, missing the day of issue is a worsening of his situation and a direct violation of labor laws. Sometimes there are cases when the accountant who is responsible for transferring or issuing salaries simply forgets that this day falls on a weekend. Accountant calendars were invented to help him.

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Its provisions must be respected unquestioningly.

As a general rule, salary payments should be made at least once every half month of work. In this case, the date specified in the salary rules is taken as a reference:

  1. according to internal labor regulations;
  2. labor contract.

But what if the payday falls on a weekend?

How to deal with such payments correctly and optimize the settlement and transfer processes? Thus, with regard to the payment of an advance for the first half of the working month, all nuances must be agreed in writing between the employer and employees.

  • salary is paid at the place where the work is performed or transferred to the bank account specified when applying for a job
  • the place and terms when the advance payment and salary will be paid are specified in the employment contract or collective agreement
  • the salary must be paid to the employee at least once every six months on the date approved by the internal rules of the company
  • if the regulated payment day falls on a weekend or official holiday, the salary must be paid the day before
  • To pay vacation pay for annual paid leave, there is a rule: an employee must receive vacation pay 3 days before it starts

If your company does not comply with any of the rules mentioned above, it means that your employer is violating the labor laws of the country.

Therefore, the employer is obliged to issue an advance the day before on Friday, October 14, 2020. How to notify about changes in wages The natural question is, what will happen if the employer violates this rule and transfers the advance to employees only on Monday, October 17, 2020? The legislator also provided for such a case and established liability for violation, since the issuance of wages after the day approved for this procedure is unacceptable.

An employee plans his expenses and it is important for him to know exactly when and how much he can count on; therefore, missing the day of issue is a worsening of his situation and a direct violation of labor laws. Sometimes there are cases when the accountant who is responsible for transferring or issuing salaries simply forgets that this day falls on a weekend. Accountant calendars were invented to help him.

In such a situation, in the employment contract, the director of the company makes reference to a specific provision of the collective agreement. When paying an employee his salary, the accountant indicates the following information on the pay slip:

  • the main part of the salary, which is accrued for a specific month;
  • the size and basis of the deductions, if any;
  • monetary compensation, vacation pay, severance pay, etc.

Deadlines for payment of advance payments in 2020 On October 3, 2017, the changes provided for by 272-FZ came into force. Some amendments to the law also apply to advance payments. The wording “from 8 to 13 and from 24 to 29 of each month” is unacceptable. You cannot indicate intervals instead of specific dates, because this violates clause 6 of Art. 136

Labor Code of the Russian Federation. Thus, by accruing 1 part of the salary on the 9th day, and the other on the 28th, the head of the company will violate the Labor Code of the Russian Federation on accruing salary once every 15 days, at least. Norms and procedure for determining the deadlines of the Labor Code of the Russian Federation and Federal Law No. 272 ​​of July 3, 2020.

on making adjustments to the laws of the Russian Federation to increase the responsibility of employers for violations of the labor code relating to the calculation of wages in 2020, regulates the procedure and periods for payment of wages. Who sets the deadlines for accruing salary? According to the Labor Code of the Russian Federation and Federal Law No. 272, the manager sets the date for issuing salaries to employees in 2020 independently.

If payday falls on a Sunday

Hello, in this article we will try to answer the question “If the payday falls on a Sunday.” You can also consult with lawyers online for free directly on the website.

The question is: In our company, the advance is paid on the 25th, the settlement is on the 10th. This month the 10th was Sunday. As I…

Taking into account the latest changes made to the Labor Code of the Russian Federation by Federal Law No. 272-FZ dated 07/03/16, the terms for payment of wages in 2020 should be established in such a way that employees receive wages at least every half month (Part 6 of Article 136 Labor Code of the Russian Federation).

The timing of salary payments is an issue that should concern not only the employee, but also the employer. Moreover, if the former are counting the days until the coveted payments for obvious reasons, then the latter, in case of violation of the law regarding the payment of wages, may experience major troubles.

Wouldn't shifting the payment dates be a violation of the 15-day interval condition?

As we found out in the previous paragraph, if the payment day is a day off, salary payment occurs on the eve of this day. That is, the payday is shifted by one or more days. Considering the requirement of the Labor Code of the Russian Federation that salary payments must be made no less than every half month, that is, usually no less than every 15 days, a fair question arises: will the period between salary payments increase and will it exceed the required 15 days? when the payment date is shifted? Yes, exceeding this period of 15 days is possible if the salary is paid one or several days earlier (this is possible during long holidays, for example). However, this situation does not require a revision of the next salary payment date: even if the deadline is exceeded, this will not violate the requirements of the Labor Code of the Russian Federation.

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Salaries to employees must be paid every half month and on the dates specifically established by the labor or collective agreement. If this date falls in any month on a weekend or non-working holiday, payment must be made on the eve of the date specified in the contract as the salary payment date.

Salary payment deadlines in 2020 (taking into account recent changes)

The Labor Code of the Russian Federation establishes the obligation of the company, in case of late wages, to pay the worker a compensation payment, which is equal to 1/300 of the current discount rate of the Central Bank of the Russian Federation (today the discount rate is 8.5%) for each delay.

Let’s assume that for June an employed person will receive an advance payment in the period from June 16 to June 30, and the rest of the salary in the period from July 1 to July 15. Additionally, the enterprise documents a specific date for payment of wages and “advance payments,” but within specified intervals. The natural question is what will happen if the employer violates this rule and transfers the advance to employees only on Monday, October 17, 2020? The legislator also provided for such a case and established liability for violation, since the issuance of wages after the day approved for this procedure is unacceptable. An employee plans his expenses and it is important for him to know exactly when and how much he can count on; therefore, missing the day of issue is a worsening of his situation and a direct violation of labor laws. Sometimes there are cases when the accountant who is responsible for transferring or issuing salaries simply forgets that this day falls on a weekend. Accountant calendars were invented to help him.

This is important to know: Application for salary payment on a card (sample)

Salary payment deadlines in 2018

Is your organization issuing salaries and advances correctly? Let's consider all the innovations that were adopted in 2020 regarding the issuance of wages.

In 2020, it is prohibited to pay wages less frequently than every 15 days (Part 6 of Article 136 of the Labor Code of the Russian Federation as amended by Federal Law No. 272 ​​of October 3, 2020).

Below we discuss in detail what deadlines for the payment of wages, according to the Labor Code of the Russian Federation, should be set in 2020 so that the company is not fined and workers do not have questions.

Periods for issuing wages according to the Labor Code of the Russian Federation in 2020

In connection with the extreme amendments to the Labor Code of the Russian Federation, the employer is asking the following question: is it possible for a company to pay wages to different employees at different periods of time?

Additional Information

For example, a director owns a large company that consists of various divisions. Can an enterprise pay wages to workers from one department on the 21st and 6th, and to others on the 25th and 10th?

According to the Labor Code of the Russian Federation, the employer has the right to accrue salary and advance payments in 2020 to employees of the same company in different periods. However, the time interval between wages and advance payment is 15 days, and the last day of final payment is the 15th of the next month.

The Labor Code of the Russian Federation contains several points regarding this situation. And the above case falls under the 2020 rules, and ultimately does not violate the law.

The head of the company must always comply with the Labor Code of the Russian Federation. According to the labor code:

  • Salaries must be paid by the 15th of the next month
  • the gap between the advance payment and the rest of the salary must be 15 calendar days

Attention

When reflecting the terms of salary calculation in the employment contract, the director of the enterprise must indicate a specific date, and not time intervals.

If the manager of an enterprise plans to accrue salaries to employees on the 11th and 26th of each month, then these dates should be written in the contract. The wording “from 8 to 13 and from 24 to 29 of each month” is unacceptable.

You cannot indicate intervals instead of specific dates, because this violates clause 6 of Art. 136 Labor Code of the Russian Federation. Thus, by accruing 1 part of the salary on the 9th day, and the other on the 28th, the head of the company will violate the Labor Code of the Russian Federation on accruing salary once every 15 days, at least.

Norms and procedure for determining deadlines

The Labor Code of the Russian Federation and Federal Law No. 272 ​​of July 3, 2020 on introducing adjustments to the laws of the Russian Federation to increase the responsibility of employers for violations of the labor code relating to the calculation of wages in 2018 regulates the procedure and periods for payment of wages.

Who sets the deadlines for accruing salary?

According to the Labor Code of the Russian Federation and Federal Law No. 272, the manager sets the date for issuing salaries to employees in 2018 independently.

Where should I indicate?

The manager of the company indicates the timing of the advance payment and the payment periods for the rest of the salary in the following documents:

  • Labor contract. The employer prescribes salary accrual periods here. He can also prescribe the issuance periods, describe them in another act, and leave a link to the document in the contract
  • Rules of routine. The head of the company must indicate the periods for calculating salaries in the rules of procedure, and in other documents leave a link to this provision. The fact is that all employees follow the rules of the work schedule, but the employment contract is followed only by a specific employee. There may not be a collective agreement in the company
  • Collective agreement. In this document, the head of the enterprise indicates the point in which the periods for accrual of salary are entered. In such a situation, in the employment contract, the director of the company makes reference to a specific provision of the collective agreement.

When paying an employee his salary, the accountant indicates the following information on the pay slip:

  • the main part of the salary, which is accrued for a specific month
  • sizes and grounds of deductions, if any
  • monetary compensation, vacation pay, severance pay, etc.

Advance payment payment terms in 2020

On October 3, 2020, the changes provided for by 272-FZ came into force. Some amendments to the law also apply to advance payments.

In 2020, an employer should know the following nuances:

  • The salary must be issued to workers no later than 15 days from the date of payment of the advance
  • Salary must be accrued once every 15 days
  • The advance must be transferred to the worker on the 30th day of the reporting month - no later than

Important

In 2020, in the regulations, the head of the company sets any date for the transfer of the advance. The main thing is that such a date should be no later than the one mentioned above.

Terms of payment of salary upon dismissal

Art. 140 of the Labor Code of the Russian Federation states that the deadline for calculating wages in 2018 upon dismissal is the last day of work.

For your information

If the worker did not work on the day of dismissal, then the date of payment of the salary is considered to be the day that follows the day the worker’s request for payment was received.

Late payment of salary upon dismissal is punishable for the employer.

Art. 236 of the Labor Code of the Russian Federation establishes the obligation of the company, in case of late wages, to pay the worker a compensation payment, which is equal to 1/300 of the current discount rate of the Central Bank of the Russian Federation for each delay.

If the salary payment day falls on a weekend

In accordance with the Labor Code of the Russian Federation, salaries must be calculated at least every 15 days on the day specified in the company’s labor regulations and in the contract.

As a result, the day of accrual of the advance (for the first 15 days of the month) and the date of calculation must be specified in the agreement between the director of the company and the worker.

If this day is Saturday, Sunday or the day of any holiday in the Russian Federation, the salary payment must be made before this day (Part 8 of Article 136 of the Labor Code of the Russian Federation).

For your information

So, the day of payment for salary in a company is the 5th day of the month following the reporting month. In such a situation, the salary for August 2020 should be issued to the employee on Friday, August 3, 2020. After all, August 5, 2018 is Sunday, and August 4, 2020 is Saturday.

Failure to comply with salary payment deadlines

According to Art. 236 of the Labor Code of the Russian Federation, for late payment of wages to workers in 2020 entails financial liability for the employer.

Increasing the amount of compensation

According to the current Labor Code of the Russian Federation, compensation for late payment of wages to an employee is several percent of the amounts that are not transferred to the worker on a specific day. From October 3, 2016, the amount of compensation has been increased.

Before the increase, the compensation payment was equal to 1/300 of the discount rate of the Central Bank of the Russian Federation for 1 overdue day.

After the increase, the compensation is equal to 1/150 of the discount rate of the Central Bank of the Russian Federation for 1 overdue day.

Increasing the amount of fines

The amount of fines for late payment of wages has increased since October 3, 2020. For 2020, the amounts of penalties are reflected in the table below:

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Who can be fined

Source: https://buhuchet-info.ru/buhgalterskiy-uchet/2827-sroki-viplati-zarplaty-v-2018-godu.html

Deadlines for issuing wages: what numbers to set in 2020

The question is: In our company, the advance is paid on the 25th, the settlement is on the 10th. This month the 10th was Sunday. As far as I remember, and the accountant supported me, there was a rule: if the payment day falls on Saturday, then we pay on Friday, if on Sunday, then we pay on Monday. We paid wages for November today on December 11th. Did we do the right thing?

In this case, the director of the company notifies each employee in writing about a future change in the time of salary transfer.

The interval between payment dates for wages in 2020 should not exceed 15 calendar days. At the same time, the company does not violate the new procedure established by the Labor Code of the Russian Federation if it issues the second part of the salary before the 15th day of the next month. In the labor law you cannot find such a thing as an “advance”; in regulations this payment is called “salary for the first part of the month.” However, this word is widely used in conversations between employees and employers.

How to pay an employee on a day off

Calling workers to work on a day off just to receive wages seems impossible from the point of view of legislation, and even simple everyday logic. The salary payment day - if it falls on a weekend or a non-working holiday - is also determined by Art. 136 Labor Code of the Russian Federation. According to it, in the case under consideration, the salary must be paid on the eve of the day off on which the payment day falls.

Let's look at a few examples.

Let employment contracts with employees establish the following deadlines for payment of wages:

  • 20th day of the current month - payment of advance payment (first part) of salary;
  • 5th day of the next month - payment of the second part of the salary.

The conditions established by the Labor Code of the Russian Federation for salary payment dates are met.

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Situation 1

How to proceed when paying the second half of the salary for April 2018, given that the payment date in this case is Saturday (05/05/2018). In this situation, it is necessary to pay wages on May 4, Friday, that is, on the eve of the payment day specified in the employment contract.

Situation 2

How to proceed when paying the first half of the salary for May 2018, given that the payment date in this case is Sunday (05/20/2018). The date before the date specified in the employment contract is May 19, Saturday. Further, following the chain of days back, we come to the conclusion that in the situation under consideration, the salary payment date will be May 18, Friday, that is, the last working day preceding the salary payment date, which fell on a weekend.

If payday falls on a Sunday

Changes: Background-color // .bgDefault - default background color Changes: Background-color // .leftMenu__backround1 - left menu. top block Changes: Background-color // .leftMenu__backround2 - left menu. central block Changes: Background-color // .leftMenu__backround3 - left menu. Read us on Yandex.Zen The main clarification of this article of the Labor Code of the Russian Federation states that wages must be paid no later than 15 days after the end of the month for which they were accrued. This version of the article came into effect on October 3, 2016. The Ministry of Labor, in its letter No. 14-1/B-911 dated September 21, 2016, proposes issuing the advance part of the salary from the 16th to the 30th (31st) day of the current month, and the final payment for the second half - from the 1st to the 15th of the next month.

If you want to independently study the rules of law on the issue of payment of wages, then refer to the text of the Labor Code of the Russian Federation. Article 136 of this document is devoted to the procedure, timing and place of payment. This is where it is stated:

  • the employer is obliged to notify employees about the components of the salary, monetary compensation and deductions made
  • the enterprise must approve a single form of pay slip containing all the details of the unified form
  • salary is paid at the place where the work is performed or transferred to the bank account specified when applying for a job
  • the place and terms when the advance payment and salary will be paid are specified in the employment contract or collective agreement
  • the salary must be paid to the employee at least once every six months on the date approved by the internal rules of the company
  • if the regulated payment day falls on a weekend or official holiday, the salary must be paid the day before
  • To pay vacation pay for annual paid leave, there is a rule: an employee must receive vacation pay 3 days before it starts

Are you expecting your salary to be paid any day now and are already making plans on how to spend the money you owe? This is quite logical when you work under a contract and the timing of payment of salaries is clearly regulated. All nuances regarding wages are regulated by the Labor Code of the Russian Federation (in some specific cases, additionally by Federal laws).

Due to the fact that, according to statistics, 60% of the Russian population is legally illiterate, the insurance company decided to take advantage of this situation. When applying for compulsory motor liability insurance, not a single insurance agent of this company informs that...

Are you expecting your salary to be paid any day now and are already making plans on how to spend the money you owe? This is quite logical when you work under a contract and the timing of payment of salaries is clearly regulated.

But when exactly should you expect payment if your salary falls on a weekend? Fortunately, there are no difficulties in determining the day of issue even in this particular case.

It is enough to turn to the legislation to find the answer to this question.

What are the deadlines for paying salaries?

  • when there is a martial law or state of emergency;
  • if he is a civil servant;
  • if the production is dangerous, related to ensuring the livelihoods of the population, national defense, state security, emergency response, natural disasters, emergency rescue and search and rescue operations;
  • if he is an employee of law enforcement agencies, fire services.

Therefore, the employer is obliged to comply with the provisions of the document in which the days for payment of wages are established, for example, as in the question: for the first half of the month (hereinafter referred to as the advance) - on the 20th of the current month, for the second half of the month - on the 5th of the next month.

If payday falls on a weekend, when will the money be available?

The legislator has provided for how to act if the day of payment of wages according to the schedule approved by the internal regulations coincides with a day off according to the calendar. This question does not cause any difficulties in interpretation for experienced managers. There is a clear rule: if the payday falls on a weekend, it must be paid the day before.

For example, on the 15th of every month your company issues an advance payment. October 15, 2020 is Saturday, and according to the rules you have a 5-day work week with two official days off on Saturday and Sunday. Therefore, the employer is obliged to issue an advance on the eve of Friday, October 14, 2020.

The natural question is what will happen if the employer violates this rule and transfers the advance to employees only on Monday, October 17, 2020? The legislator also provided for such a case and established liability for violation, since the issuance of wages after the day approved for this procedure is unacceptable. An employee plans his expenses and it is important for him to know exactly when and how much he can count on; therefore, missing the day of issue is a worsening of his situation and a direct violation of labor laws.

Sometimes there are cases when the accountant who is responsible for transferring or issuing salaries simply forgets that this day falls on a weekend. Accountant calendars were invented to help him.

What are the deadlines for paying salaries?

Criminal liability arises if the terms of salary payment are delayed for two months, and the employer has a selfish or personal interest in this. In this case, he faces a large fine - from one hundred twenty thousand rubles, or suspension of activities for up to five years, or imprisonment for up to two years.

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We try to issue salaries on the 1st and 16th, but according to the Labor Code, if the payment of salaries falls on the weekend, then it must be issued earlier. It is not always possible to issue it at regular intervals: sometimes after 14 days, sometimes after 16. Will there be a fine for this, and is this considered a violation? We also pay a fixed amount (advance) on the 16th, is this correct?

What rule applies if salary falls on holidays?

In this case, determining the specific day of the due payment is also not difficult. The rule for weekends and holidays is the same: if the salary falls on a holiday, it is paid the day before.

This is important to know: Funds for wages in the estimate

Labor legislation on the rules for issuing wages

If you want to independently study the rules of law on the issue of payment of wages, then refer to the text of the Labor Code of the Russian Federation. Article 136 of this document is devoted to the procedure, timing and place of payment. This is where it is stated:

  • the employer is obliged to notify employees about the components of the salary, monetary compensation and deductions made
  • the enterprise must approve a single form of pay slip containing all the details of the unified form
  • salary is paid at the place where the work is performed or transferred to the bank account specified when applying for a job
  • the place and terms when the advance payment and salary will be paid are specified in the employment contract or collective agreement
  • the salary must be paid to the employee at least once every six months on the date approved by the internal rules of the company
  • if the regulated payment day falls on a weekend or official holiday, the salary must be paid the day before
  • To pay vacation pay for annual paid leave, there is a rule: an employee must receive vacation pay 3 days before it starts

If payday falls on Sunday

Since the law clearly states that the time interval between the first payment of wages in a month and the second should not exceed fifteen days, the employer, when deciding to approve the timing of payment of wages, must take this requirement into account. However, many business leaders believe that simply paying twice a month to comply with the necessary rules will be enough, but this is not the case.

This month the 10th was Sunday. As far as I remember, and the accountant supported me, there was a rule: if the payment day falls on Saturday, then we pay on Friday, if on Sunday, then we pay on Monday. We paid wages for November today on December 11th. Did we do the right thing?

The legislator has provided for how to act if the day of payment of wages according to the schedule approved by the internal regulations coincides with a day off according to the calendar. This question does not cause any difficulties in interpretation for experienced managers. There is a clear rule: if the payday falls on a weekend, it must be paid the day before. For example, on the 15th of every month your company issues an advance payment. October 15, 2020 is Saturday, and according to the rules you have a 5-day work week with two official days off on Saturday and Sunday. Consequently, the employer is obliged to issue an advance on the eve of Friday, October 14, 2020. According to the rules, the interval between the deadlines for paying salaries - the advance and the main part should not exceed 15 calendar days. We will tell you in more detail about the timing of salary payments in 2020, taking into account the latest changes, so that the company is not fined and employees do not have any questions.

In this case, determining the specific day of the due payment is also not difficult. The rule for weekends and holidays is the same: if the salary falls on a holiday, it is paid the day before. Order on establishing periods for payment of wages If it is necessary to change the timing of transferring wages to a worker, then in 2020 the employer issues an order on establishing dates for payment of wages. A sample of such a document is presented below.

According to the above-mentioned article of the Labor Code, the employer is obliged to pay wages twice a month. It is stipulated that each payment must be made once every half month - that is, once every fifteen days. If your company does not comply with any of the rules mentioned above, it means that your employer is violating the labor laws of the country. Such inconsistency of actions with the rules of law may be caused by the incompetence of accounting staff.

Advance and salary payment deadlines for 2020 new employees

A new version of the document was adopted: on February 16, 2020, the Federal Law “On Amendments to Article 131 of the Labor Code of the Russian Federation” dated 02/05/2018 N 8-FZ came into force. It changes the provisions of the article regulating forms of remuneration. This is quite logical when you work under a contract and the timing of payment of salaries is clearly regulated. But when exactly should you expect payment if your salary falls on a weekend? Fortunately, there are no difficulties in determining the day of issue even in this particular case. It is enough to turn to the legislation to find the answer to this question.

Salaries must be paid no later than 15 calendar days from the end of the month for which they were accrued. We will tell you how and what terms of salary payment are safer to set in 2020, so as not to violate the requirements of the Labor Code. The procedure for calculating wages to employees is regulated by the norms of personnel legislation. They are collected in the Labor Code (LC), a fundamental document, and in some by-laws.

Notification of employees If the employee has not signed an additional agreement to the employment contract, then the head of the enterprise recognizes the adjustment of the deadline for transferring salary as a change in labor conditions.

But when exactly should you expect payment if your salary falls on a weekend? Fortunately, there are no difficulties in determining the day of issue even in this particular case.

If payday falls on a Sunday, when to pay?

Labor Code of the Russian Federation as amended by the Federal Law of October 3, 2020 No. 272).

Below we discuss in detail what deadlines for the payment of wages, according to the Labor Code of the Russian Federation, should be set in 2020 so that the company is not fined and workers do not have questions.

Periods for issuing wages according to the Labor Code of the Russian Federation in 2020

In connection with the extreme amendments to the Labor Code of the Russian Federation, the employer is asking the following question: is it possible for a company to pay wages to different employees at different periods of time?

For example, a director owns a large company that consists of various divisions. Can an enterprise pay wages to workers from one department on the 21st and 6th, and to others on the 25th and 10th?

According to the Labor Code of the Russian Federation, the employer has the right to accrue salary and advance payment in 2018.

Financial liability is expressed in the payment of compensation for each day of delay in payment in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation.

To calculate compensation, the actual amount of salary arrears is taken.

IMPORTANT! Financial compensation is paid in any case .

It does not matter whether the delay in payment is the employer’s fault or not.

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Then the accountant deposits the uncollected amount, the employee can receive it later.

The procedure and timing of payment of wages is described in detail in this video:

conclusions

  • The payment periods are determined by Article 136 of the Labor Code of the Russian Federation.
  • The company must pay wages to staff for every half month of work.
  • Payment is made no later than fifteen days from the date of salary accrual.

Salary payment deadlines in 2020

According to the Labor Code of the Russian Federation, the employer has the right to accrue salary and advance payments in 2020 to employees of the same company in different periods. But at the same time, the amount of the advance, depending on the terms of the concluded employment contract, can vary in the range from 20% to 50%, respectively.

If the salary payment deadline falls on a weekend holiday, then the funds must also be paid on the previous working day.

Basic rule Let's say the payday falls on a non-working day. However, it cannot be issued the next day, and the day before is also not possible.

Let’s say that on the twentieth day of the month the salary for the first half of the month is paid and on the fifth day of the month following the reporting period the salary is paid for the remaining month.

It is possible that the employee will get sick and will not be able to earn this money at all, and it will be possible to withhold this amount in the future only with his written consent. In this case, the order for early payment can indicate only the part of the salary that must be paid on December 28 or 29.

In connection with the changes from October 3, 2020 on the terms of payment of wages, it is stated that there should be no more than 15 days between the issuance of an advance and the payment of wages.

Art. 136 of the Labor Code of the Russian Federation approves a vague framework regarding the timing of salary payment: no later than fifteen calendar days after the end of the period for which it was accrued.

No, you cannot order the payment of wages on the working day following the day off, which is the last day of the month; this will be contrary to the Labor Code of the Russian Federation. In this case, it is more correct to issue it on January 29, if the salary is paid by bank transfer, or on the 31st - through the cash register.

But if employees and management agree that salaries for December are paid in December, this must be formalized correctly.

As for taxes, income tax in this case must be withheld on the day of payment - 12/29/18. And transfer no later than the next day, in your case it falls on the weekend of 12/30/18, therefore the date of tax transfer is postponed to the next working day - 01/09/19 (Clause 6 of Article 226 of the Tax Code).. That's right.

Typically, the advance payment is issued from the 1st to the 1st day of the current month, and the second final part - from the 1st to the 1st day of the next month.

If payday falls on a Sunday, when to pay?

The organization should be guided by the dates for payment of wages that are established by the internal labor regulations, the collective agreement (if any) or the employment contract, regardless of the fact that in fact previous payments were postponed due to the coincidence with a day off.

Thus, the organization has no reason to postpone the payment of the second part of the salary, despite the fact that the first payment was shifted according to the rules of Part 8 of Art.

Another point to consider is that the employer needs to set specific dates for payment of both parts of the salary. Since payments must be made every half month, there are usually 15 days between them. For example:

  • 15th and 31st of the current month;
  • 20th of the current month and 5th of the next month;
  • 25 for the current month and 10 for the next month, etc.

Please note: the phrase “every half month” from Part.

Art. 136 of the Labor Code of the Russian Federation approves a vague framework regarding the timing of salary payment: no later than fifteen calendar days after the end of the period for which it was accrued.

Let’s assume that for June an employed person will receive an advance payment in the period from June 16 to June 30, and the rest of the salary in the period from July 1 to July 15.

Additionally, the enterprise documents a specific date for payment of wages and “advance payments,” but within specified intervals.

On what date should wages be paid, according to the Labor Code of the Russian Federation :

  • 20 and 5;
  • 21 and 6;
  • 22 and 7;
  • 23 and 8;
  • 24 and 9;
  • 25 and 10;
  • 26 and 11;
  • 27 and 12;
  • 28 and 13.

From the given numbers it is clear that payments will be made every two weeks, which is in accordance with the labor law.

The Labor Code of the Russian Federation determines the time frame within which the salary of each employee is paid.

If a company breaks the law, it must pay compensation for all days of delay.

Salaries for work done are paid to employees at least every half month .

In such a situation, the organization must pay employees both parts of the salary, taking into account the norms of Part 8 of Art. 136 of the Labor Code of the Russian Federation (examples 2 and 3).

Example 2 The internal labor regulations of the organization set the deadlines for payment of advance payment and salary for the second half of the month on the 15th and 30th of the current month, respectively. In September 2020, both salary payment dates fall on weekends: September 15 is a Saturday, September 30 is a Sunday. Therefore, the organization needs to pay the advance on September 14 (Friday), and the salary for the second half of the month - on September 28 (Friday).

Example 3 The internal labor regulations of the organization set the deadlines for payment of wages on the 25th of the current month and the 10th of the next month, respectively. In February and March 2020

Code of Administrative Offenses of the Russian Federation The State Labor Inspectorate will fine:

The employer will also bear financial liability under Art. 236 of the Labor Code of the Russian Federation, regardless of the presence of fault (for example, even if the bank in which the payments were “suspended” is to blame for the delay in the payment of wages). If the deadlines for payment of wages established by the PVTR, labor or collective agreement are violated, the company is obliged to pay the employee monetary compensation for each day of delay.

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The deadline for transferring personal income tax falls on a day off. That is, the deadline for paying tax to the budget has been postponed.

If the salary payment date falls on a weekend

According to the requirements of labor legislation, salaries are paid to employees at least once every half month, that is, at least twice a month. The specific dates for the transfer of the advance payment and the final payment are not specified in the Labor Code, but it is said here that the employer must decide on them at his own discretion.

Labor legislation on the rules for issuing wages

Taking into account the requirements of Part 6 of Art. 136 of the Labor Code, the employer must fix specific dates for receiving wages in one of the local regulations: an employment or collective agreement or internal regulations.

This article talks about typical ways to resolve the issue, but each case is unique. If you want to find out how to solve your particular problem, call :

  • Moscow .
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The employer is prohibited from setting a date range for receiving wages: such provisions will be considered inconsistent with the law (for example, wages are paid from the 5th to the 10th - this wording is not permissible by law).

If the payday is a weekend or holiday

According to Part 8 of Art. 136 of the Labor Code, if the day of payment of wages coincides with a weekend or non-working day, then payments are made the day before. These rules apply to both final payment and advance payment.

For example, the date of issue of the final salary payment is set as the 8th day of the month. March 8, 2020 is a holiday. In this case, the final payment is due on March 7th.

If the day off falls on Sunday, then payments are made on Friday. Salaries for December, taking into account the January long weekend, are paid before the new year.

It is worth considering that the salary payment date falling on a weekend is the only legal basis for paying it ahead of schedule.

If an employer simply voluntarily decides to pay wages in advance, he may attract the attention of regulatory authorities, and this will become the basis for imposing a fine on him.

The fact is that with early payment, the employer may violate the requirement to pay wages every 15 days (the specified time period may increase). But when paying wages earlier because the timing coincides with weekends and holidays, the employer does not violate the law.

Read more: Leave application for the wife of a serviceman sample

Employer's liability for failure to comply with salary payment deadlines

If the legal deadline for paying wages that falls on a day off is not met, the employer may be held accountable.

Since 2020, the amount of compensation has been increased: now it is at least 1/150 of the Central Bank key rate for each day of delay. It is worth noting that the Labor Code stipulates only the minimum value of compensation: its real value can be determined in the local regulations of the enterprise in a larger amount (but not less than the value under the Labor Code).

Thus, the employer is obliged to pay wages to its employees within the time limits established by the employment contract or other documents.

If the specified dates fall on a weekend or holiday, then the salary is paid in advance on the last working day before the weekend or holiday.

For violation of these rules, the employer faces liability in the form of a fine and the need to pay compensation for delays in obligations.

Dear readers, each case is individual. If you want to find out how to solve your particular problem, call :

Or on the website. It's fast and free!

Payday is an important day for the accountant responsible for the calculation and issuance (transfer) of wages. And when is it legally necessary to pay wages to employees if the day of issue falls on a weekend? We'll talk about this in our consultation.

Payday: earlier, not later. How to place commas?

In accordance with the requirements of labor legislation, wages must be paid at least every half month on the day established by the internal labor regulations, collective agreement, employment contract (Part 6 of Article 136 of the Labor Code of the Russian Federation).

This means that the day of payment of the advance (for the first half of the month) and the day of final payment must be established by agreement between the employer and employee.

If this day coincides with a weekend or non-working holiday, payment of wages must be made on the eve of this day (Part 8 of Article 136 of the Labor Code of the Russian Federation).

Source: https://kalibr20.ru/urkons/esli-data-vyplaty-zarplaty-prihoditsja-na-vyhodnoj/

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