Order on the timing of the payment of wages: the sample and the rules for drafting the document

In the Russian labor legislation, much attention is paid not only to the correctness of the calculation of wages to employees, but also to the timeliness of their issuance. For this, the accounting department of each enterprise must pay its employees earned money on pre-defined days. This is required by the Labor Code in force on the territory of our country. Based on his articles, the company's management usually publishes the "Order on the payment of wages". The model and rules for its compilation should not contradict those labor laws that are now in effect throughout the territory of Russia.

How to write a document

Art. 136 of the RF TC states that issues related to the conditions for employees to receive cash payments can be reflected in a collective or individual employment contract, as well as in the general rules of the internal labor regulations (hereinafter referred to as PVTR). And each of these options is completely legitimate and correct. Nevertheless, most enterprises for this purpose issued a separate order on the timing of payment of wages, a sample of which can be compiled independently. For this, the following information must be contained in such a document:

• The date the order was created;
• Its registration number;
• Location and name of the enterprise;
• Title of the document;
• The reason for its publication;
• Article TC, which serves as the basis for issuing such an order;
• The main content of the document, which contains clear dates for the payments made;
• In the additional part, the person responsible for reading all workers' documents should be indicated;
• Position, full name And the signature of the head.

Currently, almost every enterprise has an order on the timing of payment of wages. A sample of it can not be found in special reference books. The document is drawn up arbitrarily taking into account the corresponding GOSTs. After its full entry into force, any deviation from these dates will be considered a violation of the legal rights of employees.

Compliance with legality

The Labor Code of Russia requires that the conditions for employees to receive cash are clearly stipulated in one of the local regulations of the enterprise. There should be reflected information about specific days and methods of payment. This can be reflected both in the collective agreement and in PVTR, as well as in the contract (or employment contract) with each employee. Some interpret article 136 of the TC of Russia in such a way that information on the frequency of payments should be contained in each of the listed documents. This opinion is erroneous. It is enough to indicate the necessary information in only one of them. In other documents, one can only make reference to this normative act. But most often the company's management decides to issue a separate order for this on the timing of payment of wages, a sample of which does not necessarily have to be. It is only necessary to indicate specific dates and try to follow them clearly afterwards. Such a document may also be needed by the servicing bank for the preparation of monetary resources for the purpose of timely transfer.

Payout

The procedure for payment of wages is clearly described in Article 136 of the TC of Russia. On its basis, the employer must give employees money at least twice a month. And the first transfers must be made not later than fifteen calendar days from the moment when the period for which the corresponding payments are provided is over.

Here, each enterprise independently decides which date from the two-week period allowed by law to choose. This can be the fifth, tenth or fifteenth of the month that follows the reporting year. In this issue, management is given free choice. The second part of the salary is issued in any of the remaining days before the end of the current month. But sometimes some companies consider it inexpedient to divide wages into parts and offer their employees to write the relevant applications with a request for an adjustment of the payment plan. From the point of view of the law, such a decision, based on the personal desire of employees expressed in writing, would not seem to be a violation. But labor inspectorates do not usually agree with this when conducting inspections. After all, no agreement should worsen the situation of any employee in comparison with that stipulated in the Labor Code.

Possible changes

It is possible that at some point the days approved for paying wages will become inconvenient for the employer. In this case, they can easily be changed. But for this it is necessary to observe a certain procedure. Since the specific payment dates are not specified in the employment contracts, there is no need to make corresponding additional agreements to them. It is enough to note the change in the terms of payment of wages in that particular local normative act, where they were originally established.

Then, on the basis of Art. 22 TC of Russia, the employer must notify all his employees of this signature. And the law does not establish any specific order of notification. Each enterprise can independently develop a method for notifying employees of changes in conditions related to their direct work activities. This can be done with, for example, an order with the registry attached to it to collect signatures or in any other form. The main thing is that the fact of acquaintance with the concrete change of each member of the collective should be fixed.