22 of September. Many Russians will receive a thirteenth salary (or the award by the end of the year) in January, and in March or even later. The Ministry of labour confirmed that the organization will decide when to pay employees for the thirteenth salary.
From October 3, 2016 in Russia come into effect changes to the Labour code, according to which wages will be paid no less frequently than every two weeks. Companies are afraid that this may lead to problems in the payment of premiums for the year. According to leaders of companies, they will not have time to sum up the results of the fiscal year until January 15.
As informs "the Russian newspaper", the Association of corporate lawyers (okyur) sent to the Ministry of labour letter, which drew attention to the problem and offered to change new provisions of the code.
"Award for the year may be paid only after approval of the financial results of the organization for the year or quarter. To summarize the financial activities for the year is impossible in up to 15 January of the year... On the implementation and evaluation of the financial performance of the company for the year on the accrual and payment of the premium companies taking into account weekends and public holidays is only a few working days" the letter reads.
This provision of the code, in the opinion of the Association, may cause employers to forego bonus payments to employees, as well as may attempt to circumvent the actions of these norms in the form of "grey" or "black" wages. It will strike not only on the budget (in terms of failure to pay personal income tax), but also on the employees themselves because of salaries in envelopes will not be charged insurance and pension contributions.
However, the Ministry has explained that there is no reason to worry – new edition of the Labor code did not change the rules of payment of bonuses to employees. "The new rules relate only to gross wages, the payment of which is not less than every two weeks", - quotes "Rossiyskaya Gazeta", the Director of the Department of wages, labour relations and social partnership Ministry of labour, Marina Maslova. As for different additional payments (premiums, bonuses, etc.), the timing of payments can be established by local regulations or collective agreements.
That is, the employer alone has the right to decide when to pay the premium for the year in December, January or any other month. This happens now and it will be after October 3rd. "Thus, if the provision for bonuses is established that the award for the year employees paid, for example, in December, it will not be a violation of new norms of the Labour code," - noted in the Ministry of labor.
"The provision on the payment of bonuses at year-end in March next year – is understandable. After all, as a rule, in March held an annual meeting of shareholders and company members, which approved the financial statements for the year. Therefore, it is justified that the bonuses of employees is dependent on the financial performance of the company, and is held in March," commented the new standards Commissioner for the protection of the rights of entrepreneurs in Khabarovsk Krai Oleg Gerasimov.