Raising the minimum wage: implications for employers. Minimum wage Concept and characteristics
28.08.2019
In the process of leveling wages employees, the employer is guided by certain indicators.
One of these is the minimum wage - the minimum wage.
The question is logical: how will a change in the minimum wage affect the amount of workers' earnings, is it necessary to increase wages with an increase in the minimum wage?
How does the minimum wage affect wages?
The very decoding of the abbreviation MRO speaks for itself. With the help of this indicator, the salary is regulated. This is evidenced by the Federal Law No. 82.
In addition, the Constitution of the Russian Federation provides:
- the procedure for determining the amount of the minimum wage guaranteed for payment;
- the obligation of the employer to pay employees a monthly remuneration, the amount of which should not be lower than the minimum wage.
From this we can conclude that the minimum wage is an indicator that directly affects the level of wages of working citizens.
At the same time, the areas of activity financed from the state budget are subject to special attention.
If a formally employed employee receives for the performance of his official duties salary, the amount of which is less than the minimum wage, he has the right to apply for the protection of his rights to higher authorities in order to increase earnings.
This may be the court Labour Inspectorate, prosecutor's office, etc.
For violation of the established rules and refusal to increase wages to the level of the minimum wage, the management of the company may be held liable. The amount of the fine in each case is determined individually.
Will the salary increase due to the increase in the minimum wage in 2019?
The increase in the minimum wage should be reflected in the level of wages.
From January 1, 2019, a new value of the minimum wage has been established. The minimum level rises to 11280 rubles.
How will such an increase affect the level of wages, who will have a salary increase after the increase in the minimum wage?
After the introduction of changes, all employed citizens working on an official basis must receive a monthly salary, which cannot be less than the specified indicator.
It is important to consider - a fixed salary or an established tariff rate may be below the minimum wage. The total amount of the employee's income is taken into account. It includes various bonus payments and allowances.
Moreover, the total accrued amount before tax is subject to comparison, taking into account the fact that the employee has worked a full day and a working week.
That is, with an increase in the minimum wage, an increase in wages is carried out if its amount, when calculated for a full month, is lower than the current minimum value.
Monthly wages may be lower than the minimum wage in the following cases:
- A full month has not been worked out - for example, there were sick days, vacations, business trips, absenteeism and absence for other reasons.
- After tax - after withholding 13%, the salary may be lower than the minimum wage, this is normal, so you need to compare earnings before taxes.
With some nuances, the salary of employees who simultaneously work in several companies at once, as well as citizens whose working day can be considered incomplete, is determined.
Under such circumstances, the amount they receive at the end of the billing period may be less than the minimum wage. Minimum size wages in this case is determined percentage hours worked during the month with the established norm of working time.
When working half-time, an employee from January 1, 2019 must receive a salary of at least 5640 rubles. If, after changing the minimum wage, this indicator has not been achieved, the employer is obliged to increase the salary, the size of the tariff rate, or increase the amount of additional payments.
Thus, with an increase in the minimum wage, it is necessary to increase the salary of those employees whose accrual amount for a full month is below the minimum wage.
Who will change their income?
When changing the minimum wage, the wages of only some employees increase.
Particular attention is paid to citizens whose income after innovations does not reach the minimum level.
Without fail, the employer must increase to the norm the amount of income of an employee who exercises his professional activity throughout a full working day.
If this requirement is violated, the management of the company may be held administratively liable.
The minimum wage can be increased several times a year. Employers should clearly monitor the change in this indicator and increase the level of income of employees in a timely manner. This is the only way to avoid problems with the law.
On legal grounds, citizens working for part-time and collaborators.
Their minimum income is determined by the share ratio, which is calculated individually in each case.
How to issue changes in wages if the minimum wage has increased?
The procedure for registering an increase in an employee's salary in connection with an increase in the minimum wage is regulated by the current norms of the Labor Code of the Russian Federation.
It has already been pointed out earlier that there are several ways to change the salary:
- salary change;
- change in the amount or number of allowances.
In each case, the employer must issue an appropriate one.
sample order
The order form contains the following information:
- Business name;
- the name of the paper is about wage increases;
- place and date of publication;
- justification for the creation - “in connection with the increase in the minimum wage”, the date from which the changes are valid;
- the main part - it indicates data on employees whose salary will be increased.
The position and initials of the citizen are noted:
- Name of the specialist responsible for the execution of the order;
- date of entry into force of the document;
- Full name and signature of the General Director;
- Full name, positions and signatures of responsible persons - the chief accountant and an employee of the personnel department;
- Full name and position of the employee whose salary increase is regulated by this order;
- date of entry into force of the order.
Download a sample order to increase earnings in connection with an increase in the minimum wage -
Example of an additional agreement
On the basis of the issued document, adjustments are made to the staffing table. In addition, a contract is concluded between the employer and the employee, which acts as an annex to the main contract concluded when a citizen was accepted for a position.
The addendum contains the following information:
With his signature, the employee also confirms the fact that he received the document, read and agrees with the information reflected in the agreement.
From January 1, 2019, the government decided to raise the minimum wage (minimum wage) by 117 rubles, that is, by 1.048%. Experts have suggested why the authorities need it
In some regions, taking into account local allowances, the increase can even reach 351 rubles.
An increase in the minimum wage by the cost of a dozen eggs or two trips on Moscow transport can hardly be called assistance to low-income citizens of the country. And some perceive such decisions of the government as a mockery.
Fit the numbers to the report
In fact, it turns out that the increase in the minimum wage by one percent is not really necessary for us, but for the government. Just to fit the numbers into another report.
“In theory, the minimum wage is raised because the minimum wage should nominally be higher than the level of taxes, utility bills, and so on. Since the government has increased taxes for us, prices are constantly rising, the minimum wage should also increase. And for the citizens of the country - it's about nothing. It won't have any effect. There is just such an indicator, or indicator. - explains the head of the department strategic planning And economic policy faculty government controlled Moscow State University Elena Veduta. – You know, we introduce a new indicator in almost every dissertation. So the minimum wage is not just an indicator. They talk a lot about it, but neither the management of the economy nor any other serious processes depend on it.”
Improve stats
Raising the minimum wage, if it improves the situation, is only for those Russians who receive a salary based on its size. Yes, and that is purely symbolic. But the state can feed on these 117 rubles.
“This is such a statistical correction that will be used for calculations and improving statistics. Plus, some state fees, duties and fines are still tied to the minimum wage,” comments Anton Shabanov, an independent economic expert.
The government is also preparing a draft budget, which assumes that the minimum wage will increase every year - from January 2020 it will increase by 2.9%, and from 2021 - by 2%. The budget has already planned 62.2 billion rubles in order to cover the costs of raising the minimum wage.
At the same time, it is not reported how much the state will receive from the increased fees and fines.
"Personnel officer. labor law for personnel officer", 2011, N 7
INCREASED SALARY
Why is there a pay difference?
In Art. 146 Labor Code The Russian Federation provides for provisions on wages at an increased rate for workers engaged in heavy work, work with harmful, dangerous and other special working conditions. The labor of workers employed in areas with special climatic conditions is also paid at an increased rate. This article of the Labor Code of the Russian Federation is more informational in nature, and in the future it would even be advisable to exclude it from the Labor Code of the Russian Federation, since in Art. Art. 147 and 148 of the Labor Code of the Russian Federation provides for a more precise and specific regulation of these relations.
Differentiation of wages under special conditions is based on the following factors:
a) the task of ensuring relatively equal conditions for reproduction work force(ability to work);
b) the need to provide benefits in remuneration to employees employed in jobs with more difficult or harmful (dangerous) conditions in order to attract and use them in such jobs.
Accounting for these conditions is carried out through the establishment of additional payments or the establishment of increased tariff rates and salaries. In particular, increased tariff rates are set in traditional sectors of the economy. As a result, there is a trend towards an increase in the number of employees paid at higher tariff rates. Yes, in coal industry 4/5 of all jobs are paid at specified rates; in ferrous metallurgy and chemical industry - about 2/3.
Surcharges for the specified working conditions and their amount are determined by organizations independently, but they cannot be lower than the amounts of surcharges established by the relevant Decrees of the Government of the Russian Federation and others. government agencies on behalf of the Government of the Russian Federation.
Remuneration of labor of workers engaged in heavy work, work with harmful and (or) dangerous and other working conditions, is regulated by Art. 147 of the Labor Code of the Russian Federation. Work in other special conditions is work in conditions that deviate from normal (performance of work of various qualifications, combination of professions (positions), overtime work, work at night, on weekends and non-working holidays- art. Art. 149, 150 - 154 of the Labor Code of the Russian Federation).
Remuneration of labor in areas with special climatic conditions is regulated by Art. Art. 148, 302, 316 - 317 of the Labor Code of the Russian Federation.
The remuneration of labor of employees engaged in heavy work, work with harmful and / or dangerous and other special working conditions is set at an increased rate in comparison with the tariff rates, salaries (official salaries) determined for various kinds works with normal working conditions, but not lower than the sizes approved by labor legislation and other regulatory legal acts containing labor law norms.
The minimum wage increase for employees engaged in heavy work, work with harmful and / or dangerous and other special working conditions, and the conditions for this increase are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
Rules for establishing surcharges
To establish a specific amount of additional payments for work in working conditions that deviate from the norm, it is necessary to be guided by the corresponding list of works. Typical lists of jobs with difficult, harmful, especially difficult and especially harmful working conditions were approved by the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions in pursuance of paragraph 7 of the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 17, 1986 N 1115 "On improving the organization of wages and the introduction of new tariff rates and official salaries of workers in the production sectors of the national economy "(as amended on 07/01/1991, hereinafter - Resolution N 1115). In some sectors of the economy, sectoral lists are used. This Decree provides for the inclusion in collective agreements of organizations of lists of specific jobs, jobs and amounts of additional payments for unfavorable working conditions simultaneously with measures to improve working conditions.
The specific amounts of additional payments are determined according to the data of attestation of workplaces and assessment of working conditions. According to the Regulations on the state examination of working conditions of the RSFSR, approved. Decree of the Council of Ministers of the RSFSR of December 3, 1990 N 557, and Recommendations on the organization of the activities of bodies implementing state expertise working conditions in Russian Federation, approved by Decree of the Ministry of Labor of Russia dated November 30, 2000 N 86, sectoral regulations on the assessment of working conditions in the workplace can be developed.
Clause 7 of Resolution N 1115 establishes the maximum amounts of additional payments to tariff rates and salaries:
At work with difficult and harmful conditions - up to 12%;
With especially severe and especially harmful conditions - up to 24%.
The minimum amounts of additional payments are fixed in clause 2 of the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 03.10.1986 N 387 / 22-78 "On approval model provision on the assessment of working conditions at workplaces and the procedure for applying sectoral lists of jobs where additional payments to workers for working conditions can be established. "Additional payments (as a percentage) to the tariff rates (salaries) of workers with difficult and harmful working conditions are 4%, 8% and 12%, with especially difficult and especially harmful working conditions - 16%, 20% and 24%.
The gradation of the amount of additional payments is made according to the scoring of the harmfulness of working conditions at the workplace.
The specific size of the increase in wages is determined by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations or a collective agreement, employment contract, and cannot be lower than the sizes provided for by the relevant regulatory legal acts.
The Labor Code of the Russian Federation does not provide for ways to increase the wages of workers engaged in hard work, work with harmful and (or) dangerous and other special working conditions. Practice shows that this increase is carried out by establishing:
Increased tariff rates, salaries (official salaries);
Additional payments to tariff rates (salaries, official salaries). In this case, the second method is the most common.
Decree of the Government of the Russian Federation of November 20, 2008 N 870 "On the establishment of reduced working hours, annual paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions" fixed the increase in wages who are employed in such jobs, according to the results of attestation of jobs - at least 4% of the tariff rate (salary) established for various types of work with normal working conditions. Ministry of Health and social development The Russian Federation was instructed to establish within 6 months the minimum wage increase depending on the class of working conditions and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. At the time of writing, this has not yet been done. Letter of the Ministry of Health and Social Development of Russia dated 09.04.2009 N 22-2-15 / 4 "The minimum wage increase for workers employed in work with harmful and (or) dangerous working conditions" recommends that, before the adoption of the relevant regulatory legal act, apply the legislation of the former USSR regulating these questions, - Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 17, 1986 N 1115 and the Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of October 3, 1986 N 387 / 22-78 adopted in accordance with it.
In contrast to the existing upper limits of surcharges established at the by-law regulatory level, Art. 147 of the Labor Code of the Russian Federation does not provide for maximum surcharges.
Special regulations
Taking into account the specifics of the working conditions of individual sectors of the economy and the non-productive sphere, remuneration of workers may be regulated by special regulatory legal acts.
Thus, in accordance with the Federal Law of 20.06.1996 N 81-FZ "On State Regulation in the Field of Coal Mining and Use, on the Features of Social Protection of Employees of Coal Industry Organizations", the size of the minimum tariff rates (official salaries) for workers engaged in heavy work and work with dangerous and (or) harmful working conditions in the extraction (processing) of coal, is established by a tripartite agreement of authorized representatives of coal mining (processing) organizations, trade unions of coal industry workers and the Government of the Russian Federation. The size of the minimum tariff rates (official salaries) for each profession (position) for the specified employees must exceed the established tariff rates (official salaries) for the relevant professions (positions) for normal working conditions by at least 10%.
Federal Law No. 136-FZ of November 7, 2000 "On social protection Citizens employed in work with chemical weapons" (as amended on 07/24/2009) provides for the payment of such workers in an increased amount. They are provided with a bonus to their monthly earnings, the amount of which increases with the length of service of continuous work with chemical weapons, and an annual remuneration for long service The size of tariff rates and official salaries, allowances and annual remuneration for length of service are determined in the manner established by the Government of the Russian Federation (Article 4).
In accordance with Decree of the President of the Russian Federation of August 23, 2000 N 1563 "On urgent measures social support specialists of the nuclear weapons complex" (as amended on March 25, 2010) to civilian personnel and military personnel of the Armed Forces of the Russian Federation directly involved in the types of activities carried out in organizations and military units that are part of the nuclear weapons complex of Russia, participation in which gives the right to receive social support, the official salary (tariff rate) is set at 1.5 official salary(tariff rate) provided for staffing, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation.
In accordance with the Regulations on the conditions of remuneration of divers and other employees of organizations financed from budgetary sources for underwater work at shallow depths, approved. Decree of the Ministry of Labor of Russia dated 04/17/1995 N 21 (as amended on 01/11/1996), for the time spent under water, depending on the depth of immersion, divers and other workers, in addition to their monthly tariff rate (salary), set an hourly payment for 1 hour of stay under water. The amount of payment per hour, depending on the depth of diving, is from 10 to 15% of the tariff rate (salary) of the first category of the ETS.
This wage is additionally increased by 20 - 40%, taking into account factors that complicate diving work (current speed, rough water, work under ice, in cluttered and viscous soil, with poor visibility or its complete absence, blasting or welding work). and cutting metal under water, etc.). In the presence of several factors complicating diving operations, the percentage increase hourly pay are cumulative, but the amount of the increase should not exceed 100% of the hourly wage.
Previously, according to the Decree of the Government of the Russian Federation of 08.10.1993 N 1002 for healthcare workers, medical scientific institutions and institutions of social protection of the population directly engaged in work with hazardous to health and especially difficult working conditions, an increase in salaries (rates) in the amount of 20 to 75% is provided. But it became invalid in accordance with Decree of the Government of the Russian Federation of March 10, 2009 N 216 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (as amended on June 21, 2010).
The list of institutions, divisions and positions, work in which provides the right to increase salaries (rates) due to dangerous and especially difficult working conditions, was approved by Order of the Ministry of Health of Russia dated 10/15/1999 N 377, but, like many other acts, this List invalidated due to the adoption of Decree of the Government of the Russian Federation of August 05, 2008 N 583 "On the introduction of new wage systems for employees of federal budget institutions and federal government agencies, and civilian personnel military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and equivalent service, whose remuneration is currently carried out on the basis of the Unified tariff scale on remuneration of employees of federal state institutions.
By Decree of the Government of the Russian Federation of 03.04.1996 N 391, employees of health care organizations funded from the federal budget that diagnose and treat HIV-infected people, as well as employees whose work is related to materials containing human immunodeficiency virus, provide for a bonus for working in conditions hazardous to health labor.
Decree of the Government of the Russian Federation of 01.10.1998 N 1141 (as amended on 01.02.2005) also established the above allowance for the relevant categories of civilian personnel of military medical and research institutions (divisions) of the Armed Forces of the Russian Federation that diagnose and treat HIV-infected people and are employed in work related to materials containing human immunodeficiency virus.
An increased risk to the health of workers is posed by working in areas affected by radiation due to the Chernobyl disaster.
According to the Law of the Russian Federation of May 15, 1991 N 1244-1 "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" (as amended on November 10, 2009), the following additional payments to earnings are established:
For those working in the zone of unconditional (mandatory) resettlement - 3 minimum wages per month;
For those working in the zone of guaranteed voluntary resettlement - 2 minimum wages;
For those working in the zone of radioecological control - 1 minimum wage.
In addition, double tariff rates (salaries) for employees are provided. When calculating surcharges and allowances in this case, the base indicator of their size is the doubled tariff rate (salary, official salary).
Special conditions
Let us dwell on wages at work in areas with special climatic conditions. Areas with severe climatic conditions include:
Far North (north-eastern regions, northern regions of Siberia, northern regions of the European part);
Localities equivalent to the regions of the Far North (Far Eastern regions and other localities);
Southern areas Far East and Eastern Siberia;
European North (except for the regions of the Far North);
Southern regions of Western Siberia, Ural.
The list of areas with difficult working conditions, where the district coefficient is introduced, is established by law USSR and with some changes and additions is still valid today. IN Lately the territory of the Republic of Tyva is included among the regions of the Far North and areas equated to the regions of the Far North.
Work in such areas and localities is the basis for establishing increased wages in the form of regional coefficients and wage supplements.
The purpose of regional coefficients is to compensate for the increased costs associated with living in regions and localities with adverse natural climatic conditions.
In accordance with the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas" (as amended on July 24, 2009) to persons working in these regions and localities, a single regional coefficient is established for all industrial and non-productive sectors.
The size of the district coefficients in force in the regions of the Far North and areas equivalent to them are set in the range from 1.1 to 2.0. The regional coefficient is calculated on the actual earnings for the month of work.
It cannot be emphasized that Art. 148 of the Labor Code of the Russian Federation has a reference character. In Art. Art. 315 - 317 of the Labor Code of the Russian Federation are established district coefficients and northern allowances applied in the regions of the Far North and areas equated to them, which are the main ways to increase the wages of workers in adverse natural climatic conditions.
Other adverse conditions
In other areas with unfavorable living conditions (alpine, desert and waterless), an additional payment is established in the form of coefficients, which are provided for in the regulatory legal acts of the Russian Federation. Thus, by Decree of the Government of the Russian Federation of December 14, 1996 N 1489, since 1997, a coefficient was introduced for wages for work in desert and waterless areas in the amount of 1.15 on the territory of the Aleksandro-Gaisky district of the Saratov region.
Article 148 of the Labor Code of the Russian Federation applies to workers living and working in adverse natural climatic conditions, that is, to certain categories of workers. In this regard, it seems appropriate to propose to the legislator to exclude this article from Ch. 21 "Salary" of the Labor Code of the Russian Federation. In this context, to provide for this rule in sec. XII Labor Code of the Russian Federation, in Ch. 50 "Peculiarities of labor regulation of persons working in the regions of the Far North and equivalent areas".
At the same time, it would be advisable to clarify the title of Ch. 50 of the Labor Code of the Russian Federation, namely: "Features legal regulation labor of persons working in regions and localities with unfavorable natural climatic conditions.
The cardinal solution to the problem, of course, is not seen in increased wages, not in material incentives for workers engaged in hard work, work with harmful and dangerous working conditions. In Art. 2 part 2 of the European Social Charter provides: in order to ensure the effective exercise of the right to fair working conditions, eliminate the risk associated with the performance of dangerous and hazardous work and, where it is not yet possible to eliminate or sufficiently mitigate this risk, to provide either a reduction in working hours or additional paid holidays for those employed in such jobs (paragraph 4).
Bibliographic list
1 -1
The wages of Russian state employees are regulated on federal level. Payment for a fully worked period cannot be lower than the value determined by the state. In this case, the so-called minimum wage is taken as the basis - the minimum amount of wages for work. This is the pay-per-performance indicator professional duties to which employers should be guided.
Raising the minimum wage and salaries of state employees: is there a dependence
The labor income of state employees directly depends on the size of the minimum wage. It cannot be lower than the set minimum size.
Attention! Legally, the employer will be able to pay less than a certain minimum when the employee does not fully work out the prescribed period, or works part-time, not full-time.
With an increase in the minimum amount in the Russian Federation, the wages of those state employees who, as a result of such an increase, have become below the threshold determined by the state, are adjusted upwards. For the category whose labor incomes have equaled or exceeded the legally regulated value, everything remains at the same level.
Does the salary of state employees depend on the size of the minimum wage?
To understand how the income from the work of public sector employees depends on the minimum wage, consider the following examples.
Example No. 1. Citizen A. works at an enterprise and her labor income as of May 1, 2018 was 10,000 rubles. Since after increasing the payment threshold from May 1, 2018 to 11,163 rubles. the size became lower than the value determined by the state, her salary was raised by 2,000 rubles. Example No. 2. Citizen B. works in an institution and his salary until May 1, 2018 was 15,000 rubles. After the increase in the minimum wage, his income did not fall below a certain value, so the management did not consider it necessary to increase B's salary. Important! Regions have the right to establish independently on the basis of a regional or other agreement. However, it cannot be lower than the federal level. If this happens, for example, as in the Belgorod and Vladimir regions, then the all-Russian minimum is applied.
Changes in the salaries of state employees from May 1, 2018
Is it legal if the salary is less than the minimum wage
By general rule wages must be equal to or higher than the minimum wage. It may consist of:
- salary;
- premiums;
- additional payments for special working conditions (harmful, dangerous, at night, overtime), work experience, etc.
Therefore, it is possible that the salary of a public worker may be below a certain value of payment. However, as a result of receiving additional payments, the total amount of earned income becomes equal to or higher than a certain value, which allows the employer to avoid violating the law in the field of wages.
At the same time, regional coefficients and other allowances for work in the regions of the Far North and equivalent areas, as well as for other climatic conditions when compared with salary employees with a minimum wage are not taken into account, increased pay is also not taken into account overtime, work at night, on weekends and holidays (except if work at night and on weekends and holidays is not work, does not exceed the established norm of hours).
Recalculation of wages with an increase in the minimum wage
If an employee, as a result of an increase in the amount of labor income by the state, began to receive wages for work below a certain value, the employer's obligation is to increase it. It is achieved by recalculating the employee's salary. The employer can increase the salary or introduce increased surcharges. For example, to establish a monthly bonus paid regardless of the result of work. Let's see what it looks like with specific examples.
Example 1
Prior to the increase in the minimum wage in May 2018, employee K. received a salary in the amount of 10,500 rubles. It consisted of a salary of 6,000 rubles and a monthly bonus of 75% of it, that is, 4,500 rubles.
The management decided to increase the amount of K.'s monthly bonus to 100% of the salary, that is, up to 6,000 rubles. Thus, the employee's salary began to amount to 12,000 rubles, which is higher than the established minimum. However, the salary remained unchanged.
Example 2
Until May 1, 2018, employee M. received a salary of 9,500 rubles. It consisted of a salary of 5,000 rubles, a monthly bonus of 3,000 rubles. and bonuses for seniority of 1,500 rubles.
After the state increased the amount of wages for work, the employer decided to increase M.'s salary by increasing his official salary to 7,000 rubles.
Thus, the employee's income amounted to 11,500 rubles. per month, which is above the established minimum value.
Salary growth from January 1, 2019 due to the increase in the minimum wage
Since the federal legislation establishes an increase in the minimum wage threshold annually to the subsistence level of able-bodied citizens for the 2nd quarter of the previous year, then from January 1, 2019, an increase in wages should be expected for those public employees whose income from labor activity with a full workweek, the result will be below the minimum threshold.
Employers will be faced with the choice of which mandatory part of wages to increase in order to bring it up to the required minimum. Those of them who delay the decision this issue or refuses to carry out such activities, may be brought not only to administrative, but also to criminal liability.
From January 1, 2019, the minimum wage was set in the amount of 11,280.00 rubles per month ( the federal law 481-FZ "On Amendments to Article 1 of the Federal Law "Minimum Wages").
On the this moment from 01/01/2020, a minimum wage of 12,130.00 rubles will be established (Order of the Ministry of Labor of Russia dated 08/09/2019 No. 561n, but this amount has not yet been established by the Federal Law).
The relationship between the salaries of state employees and the minimum wage
The state guarantees employees of the public sector such remuneration, which cannot be lower than the threshold established by it. If the employer, for any reason, violates the established rule, then he will be held liable for this.
A lower minimum wage can sometimes be set in a constituent entity of the Russian Federation on the basis of an agreement. This situation is observed in a number of regions, for example, Kurgan. Therefore, in such regions, the amount determined at the federal level is applied beyond the minimum threshold.
How does the salary of state employees depend on the minimum wage
As noted above, an increase in wages does not always lead to mandatory increase budgetary salary. This happens only if the total amount of wages does not reach the established minimum and the employer decides to increase the employee's salary. 
Article 1. Establish the minimum wage from May 1, 2018 in the amount of 11,163 rubles per month.
(as amended by Federal Law No. 41-FZ of March 7, 2018)
Starting from January 1, 2019 and further annually from January 1 of the corresponding year, the minimum wage is established by federal law in the amount of the subsistence minimum for the able-bodied population as a whole in the Russian Federation for the second quarter of the previous year.
If the subsistence minimum for the able-bodied population as a whole in the Russian Federation for the second quarter of the previous year is lower than the subsistence minimum for the able-bodied population as a whole for the Russian Federation for the second quarter of the year preceding the previous year, the minimum wage is established by federal law in the amount established by from 1 January of the previous year.
Article 2
organizations financed from budgetary sources - at the expense of the relevant budgets, extrabudgetary funds, as well as funds received from entrepreneurial and other income-generating activities;
(As amended by Federal Law No. 54-FZ dated April 20, 2007)
other organizations - at their own expense.
Part two is no longer valid. - Federal "law" of August 22, 2004 No. 122-FZ.
Part three became invalid on 1 September 2007. - Federal "law" dated April 20, 2007 No. 54-FZ.
Article 3. The minimum wage is used to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance. The use of the minimum wage for other purposes is not allowed.
(As amended by Federal Laws No. 54-FZ dated April 20, 2007, No. 213-FZ dated July 24, 2009)
Article 4 depending on the minimum wage, is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.
Article 5 , is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.
Calculation of payments under civil law obligations established depending on the minimum wage is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.
Article 6. Introduce the following amendments to paragraph 2 of "Article 12" of Federal Law No. 76-FZ of May 27, 1998 "On the Status of Military Personnel" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 22, Art. 2331):
"paragraph two" shall be deleted;
"paragraph three" shall be stated in the following wording:
"The salaries of the monetary maintenance of military personnel are increased by the Government of the Russian Federation in the manner and terms that are provided for federal civil servants.".
Article 7. Recognize invalid the Federal "Law" dated January 9, 1997 No. 6-FZ "On raising the minimum wage" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 3, Art. 350).
Article 8 legal acts in accordance with this Federal Law.
The president
Russian Federation
V. Putin
