Procedure and terms of payment of wages. The procedure for paying wages

The right of the employee to timely and full payment wages in accordance with his qualifications, the complexity of the work, the quantity and quality of the work performed, par. 5 hours 1 art. 21 of the Labor Code of the Russian Federation. We will tell you about the procedure, place and terms of payment of wages in our material.

The procedure for paying wages

Labor legislation requires that, when paying wages, the employer provide each employee in writing with the following information (part 1 of article 136 of the Labor Code of the Russian Federation):

components of wages due for the relevant period;
the amount of other amounts accrued to the employee, including monetary compensation for late payments;
the amount and grounds for the deductions made;
the total amount of money to be paid.

This information is contained in the payslip, the form of which the employer approves independently. We considered in the sample form of the payslip, its content, terms of storage, as well as the responsibility of the employer for the absence of payslips.

The payment of wages, as a general rule, should be made in rubles (part 1 of article 131 of the Labor Code of the Russian Federation).

The procedure for paying wages in non-monetary form is determined by the collective or employment contract. In any case, the amount of salary in non-monetary form cannot exceed 20% of the accrued monthly salary (part 2 of article 131 of the Labor Code of the Russian Federation).

Place of payment of wages

Wages are paid to the employee, as a rule, in the following ways (part 3 of article 136 of the Labor Code of the Russian Federation):

in cash at the place of work;
non-cash by transferring to the employee to his bank account specified in the application.

At the same time, the employee has the right to change the bank where his salary is transferred, notifying the employer in writing no later than 5 working days before the day of payment of wages.

Terms of payment of wages

The Labor Code requires that wages be paid at least every half a month (part 6 of article 136 of the Labor Code of the Russian Federation). At the same time, the salary for the current month cannot be paid later than the 15th day of the next month.

The employer should provide not just the terms for paying wages, but specific dates for its issuance. They are established by the internal labor regulations, collective or labor contract.

Thus, wages for the first half of the month (advance) must be paid on the day set by the employer from the 16th to the 30th (31st) of the current month, and the final payment must be made on the 1st to the 15th day of the next month (Letter of the Ministry of Labor dated 09/21/2016 No. 14-1 / B-911).

If the day of salary payment coincides with a day off or non-working holiday, the salary must be paid out on the eve of such a day.

Vacation is paid no later than three days before it starts.

For the delay in the payment of wages by law.

Terms of payment of wagesstrictly regulated by labor law. Any deviation from legal norms that worsens the position of an employee is unacceptable, even if it is fixed in the regulations of the employing organization. You can read more about the terms, procedure, place and forms of salary payment in this article.

Procedure, place and terms of payment of wages

In accordance with the Labor Code of Russia, all questions regarding the place of payment of wages, the procedure and terms for its issuance are stipulated in the local documents of the employer company or an employment or collective agreement. However, the Labor Code of the Russian Federation contains a number of restrictions, which the employer is not entitled to neglect.

Salary

Part 3 of Article 133 of the Labor Code of the Russian Federation prohibits the employer from setting wages below the minimum wage established at the federal level. In the regions of Russia, this amount may be higher, but in no case less.

Terms of payment of wages

The specific day for the payment of wages is determined by the internal documents of the organization, but, according to part 6 of article 136 of the Labor Code of the Russian Federation, it is paid at least 2 times a month. At the same time, it must be issued no later than 15 days from the end of the period for which it was accrued.

The procedure for paying wages

The method of providing monetary allowance depends on many factors, including the source of funding of the employing organization. Part 3 of Article 136 of the Labor Code of the Russian Federation allows settlement both in cash at the cash desk of an enterprise, and by transferring money to a bank account through a credit institution.

IMPORTANT! Starting from 2014, employees have the right to independently choose the bank that holds the salary account. When changing a credit institution, it is necessary to notify the employer in writing at least 5 days before the day the salary is paid, providing all the required details for transferring money.

Calculation of wages and advance payments

The Labor Code does not contain the concept of "advance": from the point of view of the law, this is part of the salary paid in the 1st half of the month. According to the Decree of the Council of Ministers of the USSR "On the procedure for paying wages to workers for the first half of the month" No. 566 dated May 23, 1957, minimum size the advance payment must correspond to the employee's tariff rate for the time actually worked.

The amount of the advance can be changed by the decision of the employer or in accordance with the local acts of the enterprise only upwards.

Important: despite the prescription of the Decree of the Council of Ministers No. 566, this document is still valid and is mandatory for employees authorized to calculate and pay wages, regardless of the form of ownership and source of financing of the employing enterprise.

An example of calculating the amount of advance payment and salary

The amount of salary at the tariff rate: 30,000 rubles.

The terms of payment of wages are the 16th day of the current (for the first half of the month) and the 1st day of the next (for the second half) month.

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Settlement month: 30 calendar days, 22 working days and 8 days off.

The number of actually worked days as of the 16th day of the current month: 11.

30,000 / 22 \u003d 1,363 rubles 64 kopecks (salary for 1 day).

1,363.64 × 11 \u003d 15,000 rubles 4 kopecks (advance payment calculated from earnings for 11 days).

Personal income tax, in accordance with paragraph 2 of Article 223 of the Tax Code of the Russian Federation, is withheld at the final settlement based on the results of the month worked, that is, upon payment of the 2nd part of the salary. Thus, the amount of the allowance due for issuance on the 1st of the next month will be:

30 000 (overall size wages) - 15,000.04 (advance payment issued on the 16th previous month) - 3900 (personal income tax 13% of 30,000 rubles) = 11099.96. Thus, the total amount of wages without personal income tax will be 15,000.04 + 11,099.96 = 26,100 rubles 00 kopecks.

Issuance of wages by products

Article 131 of the Labor Code of the Russian Federation obliges Russian employers to pay their employees salaries in the national currency, that is, in rubles. However, the same rule allows for the possibility of settlements in other forms not prohibited by the current legislation of the Russian Federation and international law.

IMPORTANT! The share of non-monetary wages cannot exceed 20% of the amount of monthly earnings accrued.

The issuance of a part of the salary in products is possible if the latter does not belong to the category of items whose circulation in Russia is prohibited or limited:

spirits and other forms of alcohol;
weapons (including components) and ammunition;
narcotic, poisonous, harmful and other toxic drugs and substances.

In addition, the issuance of wages by fixing debt obligations is prohibited: in bonds, coupons, IOUs, etc.

Important: the employer has the right to pay part of the wages with products only if such an opportunity is specified in the employment or collective agreement. In addition, appropriate additional agreements may be concluded between employees and the employer. That is, the employee one way or another must express his consent to the calculation in non-monetary form.

Payment of wages upon dismissal

By virtue of Part 1 of Article 140 of the Labor Code of the Russian Federation, in the event of termination of an employment contract with an employee, the employer is obliged to provide him with a full payment immediately on the day of dismissal. If for some reason this is not possible (for example, the employee was absent at that moment), the payment of wages (Labor Code of the Russian Federation, Part 1 of Article 140) is made a maximum of the next day after the employee presents the relevant request.

Important: this provision applies not only to the payment of wages, but also to other types of payments due: compensation for unused vacation, bonus at the end of the year, etc.

If there is a dispute about the amount of cash payments due to the dismissed employee, the undisputed part of the amount is subject to immediate issue. The fate of the remaining share is decided in court.

IMPORTANT! An unreasonable refusal to pay wages to both a dismissed and an existing employee entails bringing the employer to liability - from material to criminal. Therefore, in such situations, you should immediately contact the labor inspectorate, the prosecutor's office or the court (see:

When paying wages, the employer must notify each employee in writing of:

1) about constituent parts wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer due date respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the conditions determined by collective agreement or an employment contract. The employee has the right to change the credit institution to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than fifteen calendar days until pay day.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Wages are paid directly to the employee, unless another method of payment is provided federal law or an employment contract.

Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the end of the period for which it is accrued.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

Holidays are paid no later than three days before the start of the holiday.

Commentary on Art. 136 Labor Code of the Russian Federation

1. The obligation of the employer to inform the worker in writing of the components of his wages at each payment, the amount and grounds for withholding, as well as the total amount of money due to the worker, is in accordance with the provisions of ILO Convention No. 95 "Regarding the Protection of Wages" (1949). .).

2. The above information is contained in the payslip, the form of which is approved by the employer, taking into account the opinion of the representative body of employees (see).

3. The place of payment of wages, cash or non-cash form of payment, issues of remuneration in non-monetary form (see) are determined by a collective or labor agreement, and the frequency of payments is determined by the internal labor regulations, unless otherwise established by federal law.

Second commentary on Article 136 of the Labor Code

1. Significant changes article has not undergone. The composition of wages at the present stage is extremely complicated. In addition to the basic rate (salary), it includes various kinds of allowances, surcharges, compensation payments, the size of which the employee often does not know. Therefore, the obligation of the employer, introduced for the first time by the Code, to notify each employee in writing of the relevant parts of the wages due to him for the relevant period, as well as the amount and grounds for the deductions made and total amount, payable, will allow the employee to control the correctness of the amounts of money accrued to him and the legality of deductions made from wages. For deductions from wages, see,.

This norm is also important in connection with the fact that it allows the employee to keep his own records of the amounts paid to him on account of wages, and on the basis of this information to have an idea of the insurance premiums in the order of compulsory pension insurance, which should be received on his personal account in territorial body pension fund.

2. The Code does not establish any single, mandatory for all employers, form of a payslip. This form is approved by the employer himself by adopting a local regulatory act, taking into account the opinion of the representative body of employees. An addition has been made to Article 136 of the Labor Code, providing that the form of the payslip is approved in the manner prescribed.

3. The obligation of the employer to pay wages, as a rule, at the place where the worker performs work, is of particular relevance for employees of those enterprises, organizations, structural units which are geographically located in different places. It is the employer's duty to arrange for the payment of wages to each worker at the place where he performs his duties. labor obligations. This also applies to cases when an employee performs his labor function on the territory of another organization or while on a business trip. Collective agreements usually contain a condition on the place where wages are paid to employees of workshops, departments of the organization.

4. Wages can also be paid to an employee by transferring to his current bank account, by postal order through communications enterprises. In these cases, an appropriate statement from the employee is required. Payment for services for the transfer and payment of wages is carried out at the expense of the employer, if the condition for this is provided for in the collective or labor contract.

5. For the first time, the Code provides for the payment of wages in non-monetary form (see). The place and terms of payment of wages in this form are determined by the collective or labor contract. Obviously, these contracts should also stipulate conditions on the types of security in kind suitable for the personal consumption of the worker and his family, and the value of the in-kind part of the wages, which should be fair and reasonable.

6. As a general rule, wages are paid directly to the employee himself, unless federal law or an employment contract provides for another method of payment. An employment contract may, for example, provide that by a power of attorney issued by an employee to another person, this person may receive the wages due to the employee. A duly executed power of attorney is mandatory for the employer.

7. Like the previous legislation, the Code obliges the employer to pay wages at least every half a month.

Violation of this norm of labor legislation has become widespread, and the problem of timely payment of wages in all sectors of the economy has become a national problem. The delay in payment of wages is due to both objective and subjective reasons.

In summary judicial practice consideration of civil cases by courts in disputes about wages, it is stated that the statistics for the whole of the Russian Federation indicate a significant increase in the number of cases of claim proceedings on wages and a high percentage of claims satisfied by the courts. Compensation claims are predominantly filed by employees joint-stock companies, production cooperatives, banks, insurance companies and other commercial organizations. Among the reasons a large number pay claims, especially in cases of delayed wages, there are often such as misappropriation officials organizations Money, their abuse of official position (see Bulletin of the Armed Forces of the Russian Federation. 1997. N 2. P. 24).

In this regard, the norms on the liability of the employer for violation of the terms of payment of wages and other amounts due to the employee, and on the obligation of the employer to compensate the employee for material damage caused as a result of unlawful deprivation of his opportunity to work are extremely important.

Full text of Art. 136 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under article 136 of the Labor Code of the Russian Federation.

When paying wages, the employer must notify each employee in writing of:
1) on the components of wages due to him for the relevant period;
2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;
3) on the amount and grounds for the deductions made;
4) on the total amount of money to be paid.

The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.
The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.

Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.
For certain categories federal law may establish other terms for the payment of wages.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

Holidays are paid no later than three days before the start of the holiday.

Commentary on Article 136 of the Labor Code of the Russian Federation

1. General rules wage payments are regulated by article 136 of the Labor Code of the Russian Federation.

Part 1 of the commented article obliges the employer to notify each employee in writing:
- on the components of wages due to him for the relevant period;
- on the amounts of other amounts accrued to the employee;
- on the amount and grounds for the deductions made;
- about the total amount of money to be paid.

The notification is carried out by issuing a pay slip, the form of which is approved by the employer, taking into account the opinion of the representative body of employees.

The list of information established by part 1 of the commented article is mandatory for inclusion in the pay slip.

We also note that the Decree of the Goskomstat of Russia dated January 5, 2004 N 1 approved unified forms primary accounting documentation on accounting of labor and its remuneration, including forms of payroll, payroll, payroll, payroll registration journal. However, from January 1, 2013, these forms are not mandatory for use (see the information of the Ministry of Finance of Russia N PZ-10/2012 "On the entry into force from January 1, 2013 of the Federal Law of December 6, 2011 N 402-FZ" On accounting ").

2. As a general rule, wages are paid to the employee at the place where he performs work, that is, directly at the location of his workplace, determined by the employment contract. At the same time, the payment of wages can be transferred to the credit institution indicated in the employee's application.

It should be noted that in accordance with the Federal Law of November 4, 2014 N 333-FZ "On Amendments to Certain Legislative Acts Russian Federation regarding the exclusion of provisions establishing benefits for individual business entities, "Part 3 of the commented article was supplemented with a provision according to which the employee was granted the right to replace the credit institution to which the salary should be transferred, informing the employer in writing about the change in the details for the transfer on the one hand, this provision guarantees the right of the employee to freely choose and change the credit institution to which his salary is transferred.On the other hand, the employer is guaranteed to notify him on the change by the employee of the credit institution, and, moreover, within a timeframe that allows you to make the necessary changes in the relevant accounting documents.

The terms of the transfer are determined in the collective agreement or in the employment contract. The place and terms of payment of wages in non-monetary form are also determined by the collective agreement or labor contract.

3. According to Art. 5 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), wages will be paid directly to the worker concerned, unless national law, collective agreement or arbitration award otherwise provides, and unless the worker concerned agrees to another method.

In the Labor Code of the Russian Federation, a similar provision is provided for in Part 5 of Art. 136 of the Labor Code of the Russian Federation, which establishes that wages are paid directly to the employee.

An exception to this rule are cases where another method of payment is provided for by federal law or an employment contract.

The Constitutional Court of the Russian Federation indicated that the norms of Parts 3 and 5 of Art. 136 of the Labor Code of the Russian Federation are guarantees for the implementation of the right of an employee enshrined in the Labor Code of the Russian Federation to timely and in full size payment of wages. Provisions of Part 3, 5 of Art. 136 of the Labor Code of the Russian Federation are aimed at ensuring the coordination of the interests of the parties to the employment contract when determining the rules for the payment of wages, at creating conditions for the unhindered receipt of it personally by the employee in a way convenient for him, which corresponds to the provisions of ILO Convention No. 143-O).

4. In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract. The Labor Code of the Russian Federation does not establish specific terms for the payment of wages, as well as the size of the advance payment.

In the letter of Rostrud of September 8, 2006 N 1557-6 "Accounting advances on wages" it is indicated that, taking into account the provisions of the Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is valid in the part that does not contradict the Labor Code of the Russian Federation, the specific terms for paying wages, including the advance payment (specific dates of the calendar month), as well as the amount of the advance payment, should be determined by the internal labor regulations, the collective agreement, the labor contract. Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code of the Russian Federation on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).

A different period for the payment of wages can be established for certain categories of workers only by federal law (part 7 of article 136 of the Labor Code of the Russian Federation). For example, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day the employee leaves. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

If the day of the salary coincides with a weekend or non-working holiday, it is paid on the eve of this day.

Holidays are paid no later than 3 days before the start of the holiday.

For the delay by the employer in the payment of wages and other payments due to the employee, liability is provided.

So, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank RF from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive.

Another commentary on Art. 136 Labor Code of the Russian Federation

1. The commented article introduces the obligation of the employer to issue a pay slip to the employee, which should contain the following information:

a) on the structure of wages (established official salary, tariff rate, allowances, additional payments, incentive payments, payments for work in special conditions, bonuses);

b) on the amounts of other amounts accrued to the employee (included in the wage system, but not reflected in other sections of the payslip, for example, amounts of monetary compensation for delayed payment of wages);

c) on the amount and grounds for deductions made (for tax with individuals; recovery of alimony and other amounts on the basis of court decisions; reimbursement of unworked advance payment on wages; repayment of unspent and unreturned advance payment; refund of overpaid amounts; compensation for material damage caused to the employer; repayment of a loan issued by the employer; order of the employee, etc.);

d) the total amount to be paid.

2. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees. The use of a payslip form not approved by the employer in the prescribed manner entails administrative responsibility provided for in Art. 5.27 of the Code of Administrative Offenses (see also Decree of the Supreme Court of the Russian Federation of December 23, 2010 N 75-AD10-3).

3. The place of payment of wages to an employee, as a rule, is the place where he performs his work. It is determined by the local normative act of the organization (as a rule, the internal labor regulations) or the collective agreement.

Article 13 of ILO Convention No. 95 "On the protection of wages" (adopted in Geneva on July 1, 1979) prohibits the payment of wages in taverns or other similar establishments, and, if necessary, to prevent abuse, in shops retail and in places of entertainment, except in cases where wages are paid to persons working in such institutions.

4. A collective agreement or an employment agreement may provide for the transfer of wages to the bank account indicated by the employee. An application for the transfer of wages to a bank account can be made by an employee at any time after the conclusion of an employment contract. The terms of the transfer are determined in the collective agreement or in the employment contract. As a rule, the transfer costs are borne by the employer.

5. If wages are paid in non-monetary form, the place and terms of its payment are specially established in the collective agreement or in the employment contract. In this case, the restrictions established by the said ILO Convention also apply. Along with this, the collective agreement or employment contract must establish the procedure for such payments (for example, the delivery of the relevant goods to the employee's home, the provision of transport for him or self-delivery).

6. As a general rule, wages are paid directly to the worker. A different procedure may be provided for in the employment contract. In addition, an employee may entrust the receipt of his wages to another person by proxy (for example, in connection with a long business trip or for other reasons).

7. Civil Code in Art. 30 establishes that if a citizen abuses alcohol or drugs or is addicted to gambling and thereby puts his family in a difficult financial situation, the court may recognize him as having limited legal capacity. A person recognized by a court as having limited legal capacity cannot independently receive wages and dispose of them without the consent of the trustee appointed to him. In this case, wages are issued to the trustee on the basis of his trustee certificate or to the employee on the basis of written consent trustee.

8. Wages must be paid at least every half a month. The establishment in collective agreements or local regulations of other terms (for example, once a month) violates this requirement of the law.

The legislation considers the payment of wages for the first half of the month not as an advance, but as remuneration for the past period, so its amount should be determined according to general rules, i.e. depending on the amount of time worked in the first half of the month, and cannot be less than the amount calculated based on the value tariff rate, salary and time worked in the first half of the month (see also the decision of the Armed Forces of the Russian Federation of November 19, 2007 N GKPI07-961).

9. The date of payment of wages is established in the internal labor regulations, in a collective agreement or in an employment contract. Arbitrary establishment of this date by the employer is illegal. At the same time, the internal regulations, the collective agreement and the employment contract may also establish a different frequency of payment of wages - more often than twice a month, but also on the dates specified by these acts.

If the day of payment of wages coincides with a weekend or non-working holiday, then the payment must be made the day before.

If the day of payment of wages coincides with the second day off with a five-day working week(for example, with Sunday), wages must be paid on the eve of the first day off (on Friday).

If the day of payment of wages coincides with a non-working holiday following the day off (weekends), wages must be paid on the eve of the day off (weekends).

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When paying wages, the employer must notify each employee in writing of:

1) on the components of wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

Holidays are paid no later than three days before the start of the holiday.

Comments to Art. 136 Labor Code of the Russian Federation

1. The accrual of advances on wages is stated in the letter of Rostrud dated September 8, 2006 N 1557-6.

In accordance with Art. 136 of the Labor Code, wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract.

The Labor Code does not regulate the specific terms for the payment of wages, as well as the size of the advance payment.

At the same time, it should be borne in mind that, according to Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is in force in the part that does not contradict the Labor Code, the amount of the advance payment on account of workers' wages for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and trade union organization when concluding a collective agreement, however, the minimum amount of the specified advance must not be lower than the wage rate of the worker for the hours worked.

As for the specific terms of payment of wages, including the advance payment (specific dates of the calendar month), as well as the amount of the advance payment, they are determined by the internal labor regulations, the collective agreement, the labor contract.

Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).

2. In accordance with Art. 13 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), the payment of wages, when paid in cash, must take place only on working days and at or near the place of work, if national law, collective agreement or decision arbitration body provide otherwise, or unless other means known to the workers are deemed more appropriate.

3. It is forbidden to pay wages in cafes or other similar establishments, and also, if it is necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons working in such establishments.

4. The day of payment of wages is determined by the internal labor regulations, the collective agreement, the labor contract.

5. Wages are paid at least every half a month. The employer has no right to change this rule even with the consent of the employee. Payment of wages once a month is a gross violation labor law because for most workers, wages are the only source of livelihood.

6. ILO Convention No. 95 draws attention to the need to pay wages to the worker directly concerned, unless he agrees to another payment option.

In order for the employee to use the vacation at his own discretion, the employer is obliged to pay for the vacation no later than 3 days before it starts.

If the employer did not fulfill his obligation: he did not warn about the beginning of the vacation or did not pay for the vacation, then the vacation, by agreement with the employee, is postponed to another period convenient for the employee. Postponement of vacation is the responsibility of the employer.

7. In the Ruling of the Constitutional Court of the Russian Federation of June 24, 2008 N 341-O-O "On the refusal to accept for consideration the complaint of citizen Kondrashov Alexander Gennadievich about the violation of his constitutional rights by the sixth part of Article 136 Labor Code Russian Federation" provides the legal position of the Constitutional Court of the Russian Federation on the application of Article 136 of the Labor Code.

In his complaint to the Constitutional Court of the Russian Federation, the applicant asks that Art. 37 of the Constitution of the Russian Federation, Part 6, Art. 136 of the Labor Code, according to which wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

The Constitutional Court of the Russian Federation, having studied the materials submitted by the applicant, found no grounds for accepting his complaint for consideration.

Part 6 Art. 136 of the Labor Code, as follows from its content, is one of the guarantees for the realization of the employee's right to timely and full payment of wages, is aimed at ensuring the regularity of wages and in itself cannot be considered as violating the constitutional rights of the applicant specified in the complaint.