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Business / Finance

#dangerprone: what is being hidden from you employers?

Banki.ru: themes of the day 13.03.2019 at 21:00

Banking and financial news on the website Banki.ru

1. Mandatory indexation of wages

Under articles 130 and 134 of the Labour code of the Russian Federation the right of an employee is not just to get paid timely and in full, but to enhance its material content. This means that it should be indexed in accordance with the minimum wage (SMIC). If the employees of the budgetary institutions included in the "may decrees" of the President, is based on the mandatory indexation in the commercial companies, the indexation of wages is established in the Local normative act (LNA). Despite the fact that at the legislative level the order of indexing is not installed, the current officers believe that this does not absolve the employer from its implementation. On his official page, the Fes emphasizes that if at the end of the calendar year during which the Rosstat recorded growth of consumer prices, wage indexation is not made, then the employer is subject to bringing to responsibility established by law. At the same time the Supervisory or judicial authorities have a duty to compel him to eliminate the violation of labor laws.

the Indexing should occur on the basis of documents approved by the employer. For the lack of indexation, the court may fine the employer according to the article 5.27 of the administrative code, but only in the case that the court will take his side. In the Overview of court practice of the Supreme Court of the Russian Federation № 4 shows that the employer is not obliged to carry out the indexing. He can choose another way to increase the level of real content of wages, as indexing is one of the most accessible and obvious choices. The obligation to increase the real content of wages of workers can be executed by the employer and by periodic increases without regard to the order of indexing, in particular to increase salaries or pay bonuses.

2. An application for leave optional

You don't have to write an application for paid annual leave. In article 123 of part 1 of the Labor code States that the order of paid annual leave is determined by a vacation schedule approved by the employer no later than two weeks before the beginning of the calendar year.

By law, the schedule of holidays is obligatory for both the employer and the employee (part 2 of article 123 of the TC RF). And according to the approved schedule, the employer must release the employee on leave, the duration of which is spelled out in the vacation schedule. A statement is required only in the case of an unscheduled holiday or if you have worked in the company less than six months. But in writing to notify the employee that he will soon leave schedule, the employer is obliged.

the Labour code States that "about the time of beginning leave, the employee shall be notified against signature no later than two weeks before it starts".

3. You can extend your vacation because of illness

Went to paid annual leave and sick. This situation is familiar to all. But if you will be able to confirm the presence of the disease sick leave, the leave may be extended or postponed to another date. Also article 124 of the labour code gives the right to postpone or extend the leave, if the employee was warned about it less than two weeks. "If the employee had not been timely paid during annual paid leave or the employee has been warned about the start time of the leave later than two weeks prior to the employer upon written request of the employee is required to postpone paid annual leave to another period agreed with the employee", — stated in the law.

4. The fare to work

Once a year the employer is obliged to pay the fare of the employee. But only under the condition that the employee is studying by correspondence for the bachelor, specialist or master's degree. Means a road out of the city in which the person works, to the city where he is studying and requires payment of tickets for train, plane or another mode of transport. 173rd article of the labour code also entitles the employee on educational leave. Paid leave is given to part-time students studying in universities and also in obtaining a General secondary education. Vacation is paid based on the employee's average earnings over the last year.

5. Break for 15 minutes every hour

If you work at a computer, then every hour you should take a break for 10-15 minutes. This is stated in the resolution of the chief state sanitary doctor of the Russian Federation of 3 June 2003, which introduced Regulations 2.2.2/2.4.1340-03. The document refers to cases where the nature of work requires continuous interaction with VDT (typing or data entry) with concentration of attention and concentration, to the exclusion of the possibility of periodic switching to other types of work, it is recommended that breaks of 10-15 minutes every 45-60 minutes of work.

6. Payroll

We won't tell you about the struggle with salary slavery and the attempts of employers to prevent the employee to change the Bank. You all know about it. Just remember, you can choose any Bank in order for the employer listed your salary. For example, "Multicarta" of the Bank VTB, in addition to other "Goodies", you can get up to 16% bonus (1 bonus = 1 ruble) for purchases from program partners. And Visa Platinum "Benefits" home Credit Bank involves the calculation of up to 7% interest on the balance and cashback on all purchases.

"the Employee may substitute credit institution, which must be translated wages, notifying in writing the employer about change of account details for salary transfer not later than five business days prior to the day of payment of wages", — stated in the article 136 of the labour code.

7. Clinical examination once in three years

every three years the employee may take one working day to undergo clinical examination. "Employee is released from work to undergo medical examination on the basis of his written application, and the day (days) of release from work is agreed (agreed) with the employer", — stated in the article 185 1 of the labour code.

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