Not in all cases the employee receives a salary monthly. Depending on the terms of the contract, payment may be made for each hour of labor. A detailed answer to the question of how hourly wages are paid is presented in the article.
Labor Code of the Russian Federation hourly wages
The legislation of Russia and Article 123 of the Labor Code of the Russian Federation states that with correctly drawn up legal acts and prescribed terms of the agreement, each employee has the right to arrange work with payment for one hour. This type of activity refers to a temporary type of income and is also subject to mandatory official registration and regular payment of funds. The peculiarity of this type of work is that wages are calculated based on the actual number of hours worked. Such a condition must be prescribed in the contract, based on the provisions of Article 57 of the Labor Code of the Russian Federation.
Hourly payment according to the provisions of the Labor Code of the Russian Federation can be:
- Simple. This system most often operates in public sectors. Only the amount of time worked is paid.
- Premium-simple. The amount of funds paid includes both the time worked and the quality of the tasks performed. The amount depends on the rate and calculation of the premium.
- Normalized. This type of payment of funds is based on the fulfillment of the established norm.
It is noted that according to the Law, the amount of the minimum payment for labor should not be lower than the minimum wage. This rule applies in accordance with Part 3 of Article 133 of the Labor Code of the Russian Federation. At the same time, the calculation of wages for each hour of labor is done on the basis of time recording. The entire amount of time worked, which should not exceed 40 hours per week, is recorded by the boss in accordance with Part 4 of Article 91. If the employer has assigned workers to night hourly shifts, the salary level according to the Law of the Russian Federation is doubled for each hour of work. This type is convenient to install for part-time workers and employees who have a flexible schedule. Since each hour of work is paid at the same rate.
Minimum hourly wage in 2018 in Russia
The conditions for payment for each hour of labor must be applied taking into account the minimum minimum wage indicators. Part 3 of Article 133 of the Labor Code of the Russian Federation states that the minimum wage is 7,500 rubles. Also, when recording time, the boss may not record the period worked by the employee. The maximum duration for part-time work is 40 hours per week. It is worth noting that the Law does not limit the increase in income for each hour of work if the employer himself expresses such a desire.
How to conclude an employment contract with hourly wages - sample
If an employee wants to work and receive a salary for each period worked, based on Article 123 of the Labor Code of the Russian Federation, he has the legal right to draw up an agreement with payment for each hour. To do this, the employer and employee must mutually establish and prescribe the specifics of this type of income.
The contract should be drawn up correctly as follows:
- The tariff rate for hourly activities is fixed taking into account the minimum wage indicators.
- The income level is determined by multiplying the rate and the hours worked.
- Information is provided regarding vacations, days off and sick days.
Order for employment with hourly wages - sample
After the execution of the employment contract is completed, the employer issues an order to accept the employee for the position. Form T-1 is the correct form of order.
For correct design order, the following data is indicated:
- Full company name.
- Employee position.
- Personal data of the worker and his personnel number.
- Salary level. At this point, the employer must enter the amount of income for hourly work.
- Features of working conditions and the basis for them.
- Date of drawing up the act.
- Document number.
- Signature of the manager and employee.
To learn more about how to fill out an order correctly, you can download a sample.
How to calculate hourly wages - calculation example
Calculation hourly pay labor in 2018 is done as follows:
You need to multiply your income, taking into account the established tariff, by the duration of the week/month/year. For example, an employee works hourly for 250 rubles. He worked 80 hours in a month. This means you need to multiply 250 by 80. The final amount of earnings will be 20,000 rubles.
This simple formula will allow even an employee to calculate the level of income.
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Abandoning the minimum wage in favor of hourly wages will not fundamentally affect the level of wages, believes the vice-rector of the Academy of Labor and social relations Alexander Safonov.
Hourly wage
To combat poverty, the State Duma proposed replacing the minimum wage with an hourly wage with a base tariff of 100 rubles. At the same time, depending on the qualifications of the employee, his field of activity and place of work, the leader of the A Just Russia party, Sergei Mironov, suggests using three increasing coefficients - territorial, sectoral and professional.
This approach, according to Mironov’s calculations, will increase the minimum monthly salary in Russia to almost 17 thousand rubles, which will automatically bring the majority of salaries to the level of the national average “without statistical manipulation and working at two rates.”
“Whether hourly, daily or monthly minimum wage is fundamentally unable to solve the issue of increasing wages. And even more so, you cannot interfere in the process of increasing salaries through the assessment of qualifications and professional skills - who and how will evaluate them. In addition, there are already coefficients that take into account the specifics of the standard of living in each specific subject of the Russian Federation. Proposals to switch to hourly wages represent an attempt to “break into an open door.”
The transition to hourly wages will actually lead to the current minimum wage being divided by the number of working hours per month, but this approach will not change the situation quantitatively. The minimum wage is calculated differently around the world - in the USA it is hourly, in Europe it is monthly, but the level of wages depends on other circumstances: the basic criterion of the minimum wage and the size of the minimum wage itself. living wage", explains the interlocutor FBA "Economy Today".
Calculating salaries in Russia
In Russia, wages are calculated using the simplest technology, when the so-called normative statistical method, in which they have already decided for us what and how much we need to satisfy basic needs, the expert adds. But a different principle is used in the world - if a family spends more than 50% of its income on food, then this is considered the poverty level, and the subsistence level is calculated from it.
According to Safonov, if this approach is used in Russian calculations, it will be much more in an efficient way fight poverty than moving to hourly wages. But Sergei Mironov proposes to establish modern wage parameters at the legislative level.
“There is nothing like this anywhere in the world. For example, in the civil service in Europe there is a double system for setting wages. Firstly, it is calculated through industry agreements between trade unions and employers represented by the state and is based on how much the employer can pay and whether this will lead to a reduction in the number of jobs. The second point is related to the establishment of an end-to-end wage system, uniform for the entire territory.
Our current legislation also has a basic salary mechanism that allows us to establish minimum wage rates for employees budgetary sphere. But to get into the commercial sphere, forcing companies to pay the minimum amount established by law, means returning to the USSR, where the state takes responsibility for jobs and for the profit of this company,” says Alexander Safonov.
Let us recall that in March, Russian President Vladimir Putin signed a decree on May 1, 2018. From now on minimum size wages in Russia are 11 thousand 163 rubles per month.
Depending on many factors, in particular, on the method of recording the employment of employees, the payment of wages at an enterprise can be organized in different ways. Along with piecework, time-based payment is one of the most common. Let's look at cases when it is more profitable to introduce its hourly variety, clarify the nuances of labor legislation related to the “hourly wage”, teach how to make calculations using a specific example and show how this issue is reflected in the employment agreement with the employee.
The salary is as accurate as a clock
Recording of working hours is mandatory, no matter how the payment of remuneration for labor is organized. But in some systems it is precisely this that is the determining factor that affects the amount of earnings earned. cash and features of their calculation.
Hourly rate is the relationship between due to the employee remuneration and the time that was actually worked by him, calculated in hours.
In practice, it is not difficult to introduce it, since the employer is already obliged to take into account working hours their employees (Part 4 of Article 91 of the Labor Code of the Russian Federation).
IMPORTANT! With a salary system, time tracking is also important, but there the calculation period is a month. In an hourly system, tariffs (salaries) are set for each hour of work.
Features of hourly payment
Since the hourly wage system is a special case, it is possible to determine when it is more appropriate to use it from the same positions. If standardization of work in adequate units is difficult, how to evaluate it with financial side? For example, you can calculate the number of products made in an hour, but you cannot standardize the work of, for example, a lawyer or a teacher in the same way.
Types of "hourly"
Depending on the influence of various production factors Various forms of hourly remuneration may apply.
- Regular hourly rate. 1 hour of work has a fixed price, which is not affected by the result given by the employee (“time is money”). This type of remuneration is used when the quality of work is not as important as the time actually spent at the workplace, for example, the position of duty officer, security guard, operator, administrator, etc.
- Premium hourly pay. The bonus is assigned for indicators additional to the time worked, such as volume of work, declared quality, etc. The amount of the bonus must be agreed upon in advance and is added to the established hourly rate.
- Standardized hourly rate. In addition to the rate per hour of work, established by the tariff or salary, additional payment is guaranteed for strict compliance with the conditions set by the employer. It is advisable to use such a system when exceeding production standards is undesirable.
Hourly payment according to the Labor Code of the Russian Federation
When accepting an hourly wage system, an entrepreneur must be guided by the relevant articles of Russian labor legislation:
- Art. 91 speaks of the need to take into account the actual time worked by each employee assigned to the employer;
- Art. 57 of the Labor Code of the Russian Federation obliges to include a condition on hourly payment in an employment contract, since the remuneration system is its essential condition;
- part 3 art. 133 of the Labor Code of the Russian Federation talks about temporary norms and the corresponding payment - the maximum duration of the working week is 40 hours and the fulfillment of the hourly norm according to production calendar within a month, it must guarantee hourly employees a salary not lower than the minimum level established by the state ();
- current relevant article Federal Law on the establishment of the minimum wage in Russia.
Who benefits from hourly work and when?
Advantages for the employer
- a working hour is always the same period of time, and the working day can change its duration, so it is more convenient to operate with a clock;
- rates per hour of employment will help more accurately regulate the amount of payment due in cases where the employee was absent for a certain time;
- it is more convenient to calculate remuneration for part-time workers employed part-time, as well as for those in respect of whom it applies;
- financial savings, since you only pay busy with work time;
- an additional incentive for employees to use their working time effectively.
Employer risks:
- a more complicated calculation system (with strict accounting of the working time of all personnel);
- reduced efficiency of this system without bonuses;
- We need an additional position - a controller and a time keeper.
Which employees are suitable for:
- how much you worked, that’s what you got for it, this is very convenient with a flexible schedule, part-time work or part-time position;
- ideal for workers whose working day cannot be precisely regulated, for example, teachers (one day he can be busy for 6 hours, another - 4);
- a good payment option for uneven loads.
Possible disadvantages for employees:
- the employer can sometimes set a fairly large amount of work required to be completed per hour, and failure to achieve the standard, although it guarantees payment of the hourly rate (salary), makes it impossible to receive a bonus.
Hourly wage calculation
To calculate the amount due to an hourly employee, you need to multiply the hourly tariff rate (salary) by the time actually worked and recorded (in hours).
For example, a teacher at a study center foreign languages receives 300 rubles for 1 hour of work with a child. He does not have a clear work schedule: today there may be two classes with children, the next day - three, and so on. In January 2017, the tutor worked for 75 hours. For January he is entitled to 300 x 75 = 22,500 rubles.
ATTENTION! Whatever the cost of the hourly rate is chosen, if during the month the employee has worked the norm according to the production calendar, he cannot receive less than the minimum wage guarantee - today 7,500 rubles.
Hourly wage and employment contract
The Labor Code of the Russian Federation speaks of the mandatory inclusion of the terms of hourly wages in the employment contract concluded with an employee, or an additional agreement to it. If employees are transferred to an “hourly” position from another salary system, they must learn about the upcoming changes at least 2 months in advance: the changes must not only be included in the employment contract, but also be enshrined in the relevant orders and local acts of the company. It is necessary to indicate:
- hourly rate (salary);
- the procedure for calculating earnings;
- terms of bonuses and deductions;
- payment procedure for hours on holidays, weekends and nights;
- specific days of salary issuance (at least 2 per month);
- additional conditions, if any: probation, social guarantees, etc.
Example of an employment contract including an hourly wage clause
Attention! The contract below elaborates those points that relate to hourly wages. The remaining clauses can be inserted from the regular employment contract at your discretion.
Employment contract with a teacher
Limited Liability Company "Smart Children" (abbreviated name LLC "Smart Children"), hereinafter referred to as the "Employer", represented by General Director Razumentsev Alexey Stepanovich, acting on the basis of the Charter, on the one hand, and citizen Polyglotov Arkady Konstantinovich, referred to as hereinafter “Employee”, on the other hand, have entered into this employment contract, hereinafter referred to as the “Agreement”, as follows.
1. Subject of the agreement
1.1. Under the Agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this agreement: teaching activities in children's center early development, ensure working conditions provided for by the current labor legislation, local regulations of the Employer, pay the Employee on time and in full wages, and the Employee undertakes to personally perform the labor function specified in this Agreement - to provide teaching services, to comply with the internal rules in force in the organization labor regulations, other local regulations of the Employer, as well as fulfill other obligations provided for in the Agreement, as well as additional agreements thereto.
1.2. The employment contract with the employee is drawn up taking into account current legislation and is mandatory document for the Parties, including when deciding labor disputes between the Employee and the Employer in judicial and other bodies.
2. Basic provisions
2.1. The Employer instructs and the Employee undertakes to carry out labor responsibilities as an English teacher and German language for children 4-7 years old at the “Smart Children” early development school.
2.2. Work under the Contract is the main job for the Employee and is paid by the hour, in accordance with the approved and agreed upon schedule.
2.3. The Employee’s place of work is a branch of the “Smart Children” school, located at the address: Moscow, Zavaruevsky Lane, 12.
3. Duration of the contract
3.1. An employment contract with an employee comes into force from the moment it is signed and is valid for six months. The employee must begin performing his job duties on September 1, 2016.
4. Terms of payment
4.1. The Employee's official salary is 250 rubles per hour.
4.2. The Employee's salary is paid by transferring funds to the Employee's debit (credit) card twice a month, on the 13th and 28th, or by paying cash at the organization's cash desk.
4.3. Deductions may be made from the Employee's salary in cases where provided for by law Russian Federation.
4.4. The employer sets incentives and compensation payments(additional payments, allowances, bonuses, etc.). The conditions for such payments and their amounts are determined in the Regulations on the payment of allowances and bonuses to employees of the company.
4.5. If the Employee performs, along with his main work extra work for another position or to perform the duties of a temporarily absent employee without release from his main job, the Employee is paid additionally in accordance with the additional agreement.
5. Rights and obligations of the Employee
5.1. The employee is obliged:
5.1.1. Fulfill obligations in accordance with this Agreement in good faith.
5.1.2. Comply with the internal labor regulations of the organization and other local regulations of the Employer.
5.1.3. Maintain labor discipline.
5.1.4. Comply with labor standards if they are established by the Employer.
5.1.5. Comply with labor protection and occupational safety requirements.
5.1.6. Treats the property of the Employer and other employees with care.
5.1.7. Immediately notify the Employer of the occurrence of a situation that poses a threat to the life and health of children, or the safety of the Employer’s property.
5.2. The employee has the right to:
5.2.1. Providing him with work stipulated by this employment contract.
5.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.
5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.
5.2.4. Mandatory social insurance in cases provided for by federal laws.
5.2.5. Other rights established by the current legislation of the Russian Federation.
6. Rights and obligations of the Employer
6.1. The employer is obliged:
6.1.1. Comply with laws and other regulations, local regulations, and the terms of this employment contract.
6.1.2. Provide the Employee with work stipulated by the Agreement.
6.1.3. Provide the Employee with equipment, technical documentation and other means necessary to perform his job duties.
6.1.4. Pay the full amount of wages due to the Employee on time.
6.1.5. Carry out compulsory social insurance for the Employee in the manner established by federal laws.
6.1.7. Perform other duties established by the current legislation of the Russian Federation.
6.2. The employer has the right:
6.2.1. Encourage the Employee for conscientious, effective work.
6.2.2. Require the Employee to fulfill labor duties specified in the Agreement, to take care of the property of the Employer and other employees, to comply with laws and local regulations.
6.2.3. Involve the Employee in disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.
6.2.4. Adopt local regulations.
6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.
7. Guarantees and compensation
8. Responsibility of the parties
9. Final provisions
10. Details of the parties
Employer: Smart Children LLC, Taxpayer Identification Number: xxxxxxxxxxxxx legal entity. address: Moscow, Zavaruevsky lane, 12.
account: xxxxxxxxxxxxx in Sberbank of Russia, account: xxxxxxxxxx, BIC: xxxxxxxxxxx.
Employee: Polyglotov Arkady Konstantinovich, registered at the address: Moscow, st. Zavetnaya, 9.18, kV. 135;:, passport: XX xxxxxxxxxx, issued “October 18, 1995, Basmanny Department of Internal Affairs of Moscow.
phone: 095-722-44-78.
From the Employer: General manager LLC "Smart Children" (signature) Razumentsev A.S.
Employee: Polyglotov A.K (signature)
Pay attention! Those points that are not disclosed in the contract are standard! Those. they can be safely borrowed from a regular employment contract.
The current provisions of the Labor Code of the Russian Federation establish the basic rules for regulating labor relations. They relate to maximum working hours and payment for overtime. Moreover, each employer has the right to establish various options grades for work. In each individual case, the specific remuneration for their functions will be different. This flexibility of legislation allows employers to determine the working conditions of the team depending on their interests. At the same time, they must comply with the basic principles of labor relations.
Hourly wages - Labor Code of the Russian Federation
This form of remuneration is a very convenient form of relationship with staff for employers. It assumes one hour of labor time as the basic unit for calculating income. Moreover, in addition to the duration working day, other factors are taken into account:
- Employee qualifications. This must be taken into account. Otherwise, it will be difficult to differentiate between the remuneration of a qualified and experienced teacher and an employee who has recently graduated from a university;
- The quality of work also matters. Depending on the specifics of the activity, the assessment may be different. But it is necessary in any case. Otherwise, simply staying at work for an indefinite period of time will lead to large payments.
As an example, we can cite the work of a security guard at a paid parking lot. This is a classic example. Such an employee will receive remuneration based on the time of his shift. But the activity of a teacher is more multifaceted. Therefore, it is necessary to take into account both his qualifications and the quality of the work done.
How to calculate hourly wages?
Since the basic unit of measurement for the period worked is one hour, it is necessary to track given time very clear. To do this you can implement various systems control.
Monitoring of implementation should be ensured labor functions by department heads or division heads. This form of remuneration is characterized by the maintenance of special journals or accounting books. They reflect all actions performed by the employee. However, if we are talking about a shift paid according to this principle, then it is enough to keep a log of the beginning of work duties and their end.
At the end of the working period, the number of hours worked is multiplied by the rate established for 1 hour of work.
Staffing schedule for hourly wages
The staffing table reflects the availability of positions in the team and the method of remuneration for each employee. Accordingly, given the remuneration of labor, the contract is drawn up with precisely this condition. IN staffing table a corresponding reservation is made. This means the mandatory reflection of the following conditions:
- The form of remuneration is hourly. In this case, there is no need to reflect in detail the employee’s qualifications and responsibilities. This rule is typical for the above-mentioned guards or watchmen;
- If we are talking about skilled labor, then the staff must reflect the requirements for the education and specialization of the employee. In addition, it is necessary to indicate the requirements for performance evaluation. What matters here is the complexity of the functions performed;
- When income depends on the amount of work performed, this should be included in the provisions of the employment contract. Then the salary will be determined based on the number of products produced by the employee for a given period of time.
Thus, the employer must provide for all the specifics of hourly remuneration in the contract.
Minimum hourly wage in 2018
The existing minimum wage does not apply in this situation. For hourly wages, a single all-Russian rate is used. On current moment it is equal to 100 rubles for one hour of work. It must be said that this rate is the minimum. Each region has the right to determine the value independently, but it cannot be less than the specified 100 rubles per hour.
Vacation pay for hourly wages
This norm also affects vacation pay. When calculating them, standard formulations are used. That is, the average income for the past period of the year is taken as the unit of account. The average income for each day is calculated from it. This amount is then multiplied by the number of days the employee will spend on vacation. As a result, the required amount of vacation payments will be obtained.
Example of calculating hourly wages
An example of hourly remuneration for work is the situation with a security guard. If he works 10 hours in a store and receives the minimum wage, then he will receive 1,000 rubles per shift. If for some reason the store closes earlier and it works for 7 hours, then he will receive 700 rubles. This is why hourly payment is convenient. The employee receives remuneration for the time he actually worked.
Sample employment contract with hourly wages
In all cases, the document must be drawn up in detail and correctly, with references to the norms of the law, so you can use a standard template with clarification of the necessary features in any situation.
Hourly wages require a clear calculation of time worked. Read about in what cases it is applied and what the calculation rules are
Read our article:
Hourly payment according to the Labor Code of the Russian Federation
Article 100 of the Labor Code of the Russian Federation allows the employer to establish at the enterprise the wage system that is most economically justified in a given situation. Her choice must be specified in the employer’s local regulations. Hourly wages are a special case of summarized recording of working time (Article 104 of the Labor Code of the Russian Federation).
The salary received by the employee may consist only of payments for hours worked; an incentive bonus may be used. It may also depend on the norm performed per unit of time, with a corresponding premium for productive work.
Article 133 of the Labor Code of the Russian Federation establishes requirements for the minimum hourly wage; read more about this below. The maximum number of hours that an employee can work during an accounting period is also limited; they can choose a week, a month, or a quarter. The maximum duration of the accounting period is 1 year.
Minimum hourly wage in 2020 in Russia
The law prohibits paying employees wages below the established minimum wage level. For failure to comply with this norm, liability is provided in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.
In 2018, the minimum wage was increased to 11,163 rubles. From January 1, 2019, the minimum wage was 100% of the subsistence level - 11,280 rubles. In 2020 – 12130 rubles. Accordingly, it is necessary and systematically to index the cost of an hour of work for hourly employees.
It is worth paying attention to the fact that the minimum wage may vary depending on the region. This is due not only to the use of regional coefficients for the northern regions and territories equivalent to them, but also to the presence of a triple agreement in the region.
To calculate the cost of an hour, you need to calculate the maximum number of working hours per month at 40 hours. working week. And then divide the minimum wage by the number of hours.
The maximum number of hours that can be in a month is 184.
The minimum wage per hour of work in the Russian Federation from January 1, 2019 is 12,130/184 = 62.9 rubles. This figure is relevant for August and October. In other months, when there are fewer normal working hours, the hourly rate is higher.
Hourly wages are a system that is convenient to use for employee personnel:
- part-time;
- in flexible working hours;
- part-time;
- in the mode of uneven distribution of work tasks in the billing period;
- with the inability to accurately standardize their work
Salary calculation for hourly pay
As we wrote above, the minimum hourly rate depends on the minimum wage. IN lately this figure is constantly changing, so it is worth setting the rate a little higher in order to avoid breaking the law and constantly issuing additional agreements to employment contracts. Wages for hourly work are calculated by multiplying the number of hours worked by the tariff rate.
A part-time accountant worked 67 hours in April. The hourly tariff rate is 235 rubles. Wages for April amounted to 67 * 235 = 15,745 rubles.
How to apply
If this system is already in place at the employer when employing a new employee, then necessary condition just registers in employment contract and an order for employment.
Sample order for employment with hourly wages
When transitioning within the current labor process, a certain procedure must be followed. We described it step by step:
Step 1. Issuing an order to introduce summarized recording of working time.
Step 2. Notifying the employee about significant change terms of the employment contract 2 months before the expected date.
Step 3. Signing an additional agreement to the employment contract on the introduction of hourly wages.
Please note that such changes must obtain consent from the employee. Otherwise, he is subject to dismissal.
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