Lee district. Is there a regional coefficient for vacation pay? What is the regional coefficient and why was it introduced?
A specialist who performs his work duties in harsh climatic conditions should be aware of different salary supplements. At the same time, each employee must have information about many nuances with the calculation of bonuses, salaries, etc. In this article we will tell you whether the regional coefficient is calculated on the premium.
According to the Labor Code, wages for work in an unfavorable climate should be calculated taking into account an increased coefficient, also called the “northern bonus”. At the same time, bonuses and other salary increases are sometimes also calculated taking into account this coefficient.
At the moment, the size of the RK is being considered by PP No. 216 of 04/17/06.
In many cases, such points are negotiated between the specialist and the employer in an agreement. Many workers in the northern regions are interested in the question of whether RK is awarded for bonuses, for example, for a holiday?
It all depends on what kind of bonus is given to the worker (regular bonuses, one-time bonuses, etc.).
No RK is accrued for a one-time bonus, since it is not a permanent part of the salary.
The RK is also not eligible for a one-time bonus. This does not depend on the area where the employee works. If the manager indicated the monthly bonus as mandatory in the employment contract, then a coefficient can be demanded from him, since it will be included in the salary system.
The quarterly bonus is paid every 3 months in the form of employee incentives. RK is paid in this case if it is included in the salary in one of the compiled lists of documents. This may be an employment contract, internal regulations and bonus regulations. If this award is not documented anywhere, then the Republic of Kazakhstan is not awarded for it.
The annual bonus is paid at the end of the year. It is allocated from the following resources: labor fund, social development fund, etc. The RK is fully paid if this is stipulated in the organization’s charter.
Conclusion
Thus, a lot depends on whether the manager indicated any bonus in the documents as mandatory. Do I need to coordinate the nuances with the employer and carefully check the list of documents for the regional coefficient? Of course yes, so as not to get into an unpleasant situation in the future, taking into account the ensuing consequences.
In some regions of Russia, regional coefficients apply. These are wage premiums that are conditioned by working in difficult climatic conditions. In this article we will tell you whether the regional coefficient is calculated for sick leave, how and in what cases this happens.
What is the regional coefficient and why was it introduced?
Work in regions with special climatic conditions is paid at an increased rate. This rule is provided for in Part 2 of Art. 146 Labor Code of the Russian Federation.
In the Far North and equivalent areas, regional coefficients apply. These are fixed percentages by which salaries and some other income are multiplied. Their purpose is to cover high expenses, which are caused by the specifics of living in an unfavorable area. In this way, the state maintains the material equality of citizens throughout the country.
Is the regional coefficient used to calculate the average daily salary?
The regional coefficient is used to calculate the average daily salary. When calculating benefits based on the minimum wage, the minimum wage should be adjusted by the regional coefficient. The result must be multiplied by 24 and divided by 730 (clause 15(3) of the Regulations approved by Government Resolution No. 375 of June 15, 2007).
When calculating the payment amount, the regional coefficient is not applied. It is used only at the initial stage to establish the average daily earnings.
The basic rules for paying the regional coefficient are outlined in the following video
Case Study
Let's look at a specific example of how the regional coefficient is used when calculating sick leave in 2019. Let's take the real situation as a basis, when the actual average daily earnings of an employee were 163.85 rubles. (read how the average salary for sick leave is calculated), and the figure calculated on the basis of the minimum wage turned out to be less - 151.59 rubles.
RK size
In different regions of Russia, the range of regional coefficient is from 1.1 to 2. Residents of Chukotka, Yakutia and the Arctic Ocean zone have coefficient 2. In most of the lands located in the north, the RK indicator is from 1.15 to 1.4. This means that in these territories, workers receive wages with an increase of 15% and 40%, respectively.
If the regional coefficient in the region is 1.15, then when multiplied by 151.59 rubles. the total is 174.33 rubles. This exceeds the actual average daily earnings.
In such a situation, officials of the Federal Social Insurance Fund of the Russian Federation considered that the benefit should be calculated on the basis of the actual average daily earnings, but the court did not agree with this. Some arbitrators still had a different opinion. In the resolution of the Federal Antimonopoly Service of the North-Western District No. A05-11661/2012 dated March 13, 2013, the judges considered that the regional coefficient should be applied to the already established benefit amount.
Is there a regional coefficient for financial assistance? is a question asked by employers who want to pay financial assistance to their employees. The article gives the answer to it. In addition, the reader will learn how financial assistance is calculated and in what amount it should be paid.
How much financial assistance is provided to employees?
From an analysis of the provisions of the current legislation, we can conclude that financial assistance is a social payment that is paid by the employer to its employees in certain situations. The legislation does not contain a precise definition of the term.
Neither the list of situations when financial assistance should be paid, nor the amount of payments are defined by law. Therefore, each employer has the right to determine the specific amount of financial assistance paid to employees. At the same time, the procedure for payments, their amounts and the list of grounds for transferring funds can be determined by a local act or a collective agreement in force in a particular organization.
Or a collective agreement can stipulate absolutely any amount of payments, since there are no restrictions on the maximum and minimum threshold.
If there are no regulatory documents defining the amount of financial assistance in the organization, then it is determined:
- An employer guided by his own opinion. In this case, the amount will be indicated in the payment order.
- By the employer based on the employee’s application. As a rule, an employee submits an application addressed to management, in which he indicates that a certain event has occurred in his life, for example, the birth of a child, and he wishes to receive financial assistance. The employer either makes concessions and pays money, or arbitrarily reduces or increases the amount specified by the employee, or refuses to pay.
- By the employer on the basis of a proposal from the employee’s immediate superiors, who, if desired, can initiate payments to their subordinates.
How to calculate financial assistance?
The procedure for payment and the amount of financial assistance can be fixed both in the local act of the organization (Article 8) and in the collective agreement (Article 40 of the Labor Code of the Russian Federation). If such acts are adopted at the company level, then financial assistance is paid in the amount determined by them.
The following options for calculating amounts of financial assistance are possible:
- A local act or collective agreement stipulates specific amounts paid to employees. In this case, there is no need to make any calculations; it is only necessary to compare the basis on which the employee is applying for financial assistance with the content of the acts in force at the enterprise.
- A local act or collective agreement establishes the procedure for determining the amount of financial assistance. In this case, it is necessary to analyze the content of regulatory documents and make calculations depending on the established formulas and rules.
- The enterprise has not adopted any regulatory documents defining the amount of financial assistance and the procedure for its calculation. In this case, the size is determined solely by the employer.
Is there a regional coefficient for financial assistance? Explanations from government agencies and judicial practice
We have come to the main issue of the article concerning the rules for calculating the regional coefficient for the amount of financial assistance. By virtue of Art. 315 of the Labor Code of the Russian Federation in the regions of the Far North and territories equated to them, regional coefficients are applied when remunerating labor. According to Part 1, 3 Art. 316 of the Labor Code of the Russian Federation, the size of the regional coefficient is determined by the Government of the Russian Federation, and these amounts are attributed to labor costs.
Let us remind you that financial assistance does not relate to labor costs, but is a social benefit. In this regard, the regional coefficient cannot be calculated on it. The calculation of the coefficient for financial assistance contradicts the legal nature of this social payment.
This position is also shared by government agencies, in particular the Russian Ministry of Labor, as well as courts, including the Supreme Court of the Russian Federation.
In particular, the position is clearly defined in the following judicial acts:
- Ruling of the Supreme Court of the Russian Federation dated February 19, 2016 No. 307-KG15-19614
- Decision of the Supreme Court of the Russian Federation dated July 17, 2000 No. GKPI00-315
Similar clarifications are given in the following letters and clarifications of the Russian Ministry of Labor:
- Letter of the Ministry of Labor of Russia dated March 23, 1993 No. 517-RB,
- Letter of the Ministry of Labor of Russia dated July 22, 1999 No. 716-7
- Explanation of the Ministry of Labor of Russia dated September 11, 1995 No. 49, approved by Resolution of the Ministry of Labor of the Russian Federation dated September 11, 1995 No. 49
Thus, the regional coefficient for financial assistance is not calculated. Its size is determined either by local acts and collective agreements in force in the organization, or, in their absence, by the employer.
Good health! this is the question! Should they? Should district city courts be registered as legal entities? to the Federal Tax Service?
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Good health! this is the question! Should they? Should district city courts be registered as legal entities? to the Federal Tax Service?
| Sergey, Another city | 16 September 2017, 18:33 |
Good health! this is the question! Should they? Should district city courts be registered as legal entities? to the Federal Tax Service? Other federal courts are created and abolished only by federal laws; if there is no such law for a given court, then its definitions are meaningless? and should picachi comply with GOST R 51511-2001, and what does general jurisdiction mean?
Experts answer:
From the norms of the Civil Code of the Russian Federation (Article 125) it is clearly clear that courts are not legal entities, are not subjects of civil law, but only act in civil legal relations on behalf of the Russian Federation and constituent entities of the Russian Federation. Thus, vesting court bodies with the rights and responsibilities of a legal entity only means that when participating in civil circulation, the norms of the Civil Code of the Russian Federation and other laws defining the participation of legal entities are applicable to them, unless the Civil Code and laws establish special rules for state bodies. authorities, however, does not at all entail recognition of them as legal entities.
A court of general jurisdiction means a judicial and legal body that covers the entire territory of the state in order to provide justice in various types of criminal and civil disputes, as well as violations of various kinds of administrative rules and regulations. These courts are called courts of general jurisdiction, since their competence includes the consideration and decision of a large number of unresolved issues. The word jurisdiction comes from the Latin jurisdictio “conducting legal proceedings; jurisdiction; competence", further from iūs (jūs) "right; justice" (goes back to Proto-Indo-European *yewes- “law”) + dicere “to speak, pronounce”, from Proto-Indo-European *deik- “to indicate”.
Regarding GOST R 51511-2011 according to clause 3.9. On a seal with a reproduction of the State Emblem of the Russian Federation, the customer of which is not a legal entity, the tax identification number (TIN) and the main state registration number (OGRN) are not indicated; in the information field of the seal, the requirements for the name of this customer are established by him independently when ordering the seal. Within the meaning of Art. 48 of the Civil Code of the Russian Federation, a judicial body is not a legal entity, but within the meaning of Art. 125 of the Civil Code of the Russian Federation only acts in civil legal relations on behalf of the Russian Federation. Therefore, the seals must comply with GOST, using clause 3.9
THE ORGANIZATION CANNOT INTRODUCTION TO THE TRADITIONAL NATURE OF WORK, BECAUSE IT ACTUALLY INTRODUCES WORK ON A Shift METHOD.
THE SIGNS OF SUCH WORK ARE DETERMINED BY THE RF Labor Code AND THE LOCAL ACT OF THE RF Labor Code PROVISIONS DO NOT CHANGE - ART. 8 Labor Code of the Russian Federation.
IF AN ORGANIZATION ESTABLISHES IN LOCAL ACTS AND LABOR CONTRACTS THAT THIS IS A WORK WHICH IS OF A TERRIBLE NATURE, THE RF Labor Code WILL STILL BE APPLIED BY ART. 8, AND AN ORGANIZATION MAY BE INVOLVED IN ADM. LIABILITY UNDER ART. 5.27 Code of Administrative Offenses of the Russian Federation - FINE FROM 30,000 TO 50,000 RUB.
THE DISTRICT COEFFICIENT AND THE BONUS ARE PAID IN THE TRAVELING NATURE OF THE WORK IN PROPORTION TO THE TIME WORKED IN THE RKS AND EQUILIBLE WORK.
Article 302. Guarantees and compensation for persons working on a rotational basis
For workers traveling to perform work on a rotational basis to the regions of the Far North and equivalent areas from other regions:
a regional coefficient is established and percentage bonuses are paid to wages in the manner and amount that are provided for persons permanently working in the regions of the Far North and equivalent areas;
Annual additional paid leave is provided in the manner and under the conditions provided for permanently employed persons:
in the Far North - 24 calendar days;
in areas equated to the regions of the Far North - 16 calendar days.
The length of service that entitles workers who travel to perform work on a rotational basis to the regions of the Far North and equivalent areas from other areas to appropriate guarantees and compensation includes calendar days of shift in the Far North and equivalent areas and actual days of stay on the way, provided for by the shift work schedules. Guarantees and compensations for workers traveling to perform work on a rotational basis in the regions of the Far North and equivalent areas from the same or other regions of the Far North and equivalent areas are established in accordance with Chapter 50 of this Code.
(Part six as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 297. General provisions on work on a rotational basis
Guide to HR issues. Questions of application of Art. 297 Labor Code of the Russian Federation
The rotation method is a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured.
The rotation method is used when the place of work is significantly removed from the place of permanent residence of workers or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities.
Workers involved in work on a rotational basis, while at the work site, live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the livelihoods of these workers while they perform work and rest between shifts, or in those adapted for these purposes and dormitories and other residential premises paid for by the employer.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
(see text in the previous edition)
The procedure for applying the rotation method is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.
(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)
Article 299. Duration of watch
(as amended by Federal Law No. 90-FZ of June 30, 2006)
(see text in the previous edition)
A shift is considered to be a total period, including the time of work performed at the site and the time of rest between shifts.
The duration of the shift should not exceed one month. In exceptional cases, at individual sites, the duration of the shift may be increased by the employer to three months, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.
