136 article of the Labor Code of the Russian Federation with comments

Exactly how the wage is paid to employees is described in some detail in the Labor Code (specifically: Article 136). This question abounds with nuances of a binding nature. The employer is obliged not only to give out money to its workers in the amount established by the contract, but to do it regularly, strictly following the order. Let's examine what article 136 (RF) says.

Summary

The document contains specific norms that are mandatory for the administration of the enterprise. By the way, their non-fulfillment threatens officials with measures of influence on the part of controlling bodies. Article 136 requires employers to inform workers about:

• The amount of basic and additional payments;
• Withheld amounts with bases;
• Total amount of accrued funds.

The listed data should be provided to people in a shift form before they have access to the funds due. In addition, the text contains the conditions governing the place, timing and order of specific transactions for the payment of earned money. It should be noted that the standards, which are included in Article 136 of the Labor Code, are quite strict. Let's begin their more detailed study.

Settlement slip

This is the name of a special approved document containing the necessary information. Article 136 of the TC provides that the administration must act openly, in accordance with the law. It is not permitted to conceal financial information about the accounts from the employee in respect of which transactions are being made. The fact is that not only do we charge certain amounts of salary, bonuses, compensation, indexation, and so on, besides, we keep taxes, for example. All this is necessary to bring to the owner of the account. The accountant performs the operation. He may well be mistaken, show an elementary inattention. Article 136 is drawn up in such a way as to exclude the occurrence of protracted disputable issues. Misunderstanding, of course, happens. But the employee has the right to receive from the administration (read: accounting) a complete and detailed analysis of operations. The form of the settlement sheet must be approved by an internal act. This question is detailed by Article 372 of the Code.

Place of receipt of salary

Legislation gives the right to the worker and the enterprise to agree on where the calculation will be made. There are two main options:

• At the location of the administration;
• To the bank account.

The legislator specifies that the parties can on a voluntary basis determine other conditions for the transfer of earned funds. They should be indicated in the contract or special agreement. This item is implemented extremely rarely, only under certain conditions of work. For example, if a person is sent on a business trip to a country with which there are no intergovernmental agreements on financial transactions, or in the wilderness. Judge for yourself, is it possible in this case to implement Article 136 of the Labor Code of the Russian Federation? Accountant sent to the wilds regularly? Of course not. The parties agree on the terms and in what conditions the payment will be made, as a rule, after completion of the assignment, after the transfer of the research results.

Obligations and Rights of the Employee

For what the administration is responsible, we with you have disassembled (for this moment). But the worker also has responsibilities. Namely: he must in writing inform the company about the details of his personal account. Without such a paper, the accountant does not have the right to make transfers. This is strictly controlled and is not an empty formality. If a person wishes to change the bank, he informs the administration about it. It is necessary to write the corresponding statement, addressing it to the chief or the head of the financial department. It must be done no later than five days before the next payment. Otherwise, experts will not have time to process the document. Typically, the paper is written in the name of the chief accountant, so as not to generate excessive bureaucracy. More such a statement does not apply.

Terms of payment

The following condition, which is described by our article, speaks about when it is necessary to transfer money to the employee. It is recommended to divide it into two parts. In any case, the legislator obliges the administration to make payments with a regularity of half a month. We used to call these receipts: advance payment and salary. All the nuances of monetary relations are defined in the collective agreement. They are also prescribed in the rules of internal labor regulations. Money is transferred, as a rule, personally to the worker. But there are conditions when they arrive at the expense of another person. For example, when an employee suddenly dies. Specific situations are determined by special regulatory and legal acts, they must also be entered into the contract. In addition, the article refers to the period of vacation pay. This sum should be given to the employee no later than three days before the start of the rest. To the special conditions include a recommendation on the procedure for payments, if the tony fall on the weekend. The sum in this case should be at the disposal of the worker on a working day preceding the free one.

Article 136 of the LC RF with comments

2016 did not bring any changes regarding the item under consideration. Experts, commenting on it, indicate that the provisions of the article are strictly binding for implementation. Unfair employers try to evade the need to make payments on a regular basis. This is permitted only if it is secured by the terms of the contract or another bilateral document. That is, the parties must agree to other conditions that suit both. For violation of the provisions of the article, a fine is imposed. The employee should be aware that the enforcement of labor legislation is controlled by government agencies. If the administration behaves in bad faith, does not pay on time, then it is necessary to apply boldly to the appropriate authority. The inspector will check all documents and make a decision. But before you complain, you need to check the paper that regulates the order of payments at the enterprise. Perhaps you have not finished reading or forgotten something. Check the contents of the employment contract, internal regulations and other papers. You can find them from a personnel officer or a lawyer. They are not secret and should be provided to you for acquaintance both at employment and at other times.