Memo to employee for execution of employment relations and payroll
1. Labor relations arise between employee and employer on the basis of an employment contract, the conclusion of which is mandatory for admission to employment (article 16 TK the Russian Federation).
An employment contract is an agreement between employer and employee, whereby the employer undertakes to provide the employee with work due to the labour function, to provide working conditions stipulated by labor legislation and other normative legal acts containing norms of labour law, collective agreement, agreements, local regulations and this agreement, timely and in full to pay salary to the employee, and the employee undertakes to personally perform certain employment agreement this feature, follow the rules of internal labour regulations in force for the employer.
The employment contract is concluded in writing in two copies, each of which is signed by the employee and the employer. The instance stored from the employer must contain the signature of the employee on receiving his copy of the contract.
The labour code will not be concluded between the employee and the employer a civil contract, if in fact, between them exist the employment relationship (paragraph 2 of article 15 of the labour code).
2. Wages shall be paid not less frequently than every two weeks to the day set by the internal labor regulations, collective agreement and employment contract. At coincidence of day of payment falls on a weekend or holiday, the payment of wages is made on the eve of this day (article 136 of the labour code). The monthly wage of an employee fully spent during this period, normal working hours and has executed norms of work, cannot be below the minimum wage (article 133 of the LC RF). On the territory of Primorsky Krai from July 1, 2016, the minimum wage is 7500 RUB (at the level of minimalprofessional of wage, fixed by Federal law from June 2, 2016 No. 164-FZ "About modification of article 1 of the Federal law "About the minimum wage").
3. The main methods of protecting the worker of his labour rights and freedoms:
- self-protection of labor rights by employees;
- protection of labour rights and legitimate interests of workers trade unions;
- the state control (supervision) over observance of labor legislation and other normative legal acts containing norms of labour law;
- judicial protection.
Obligatory condition for carrying out unscheduled inspections is the appeal or the application for the employee on the employer's violation of labor rights.
In order to inform the state (municipal) authorities about employers who violate the labor laws, you can contact:
- by phone "a hot line" 8(3012)21-27-14, 8(3012)21-07-27;
- e-mail: info@Baikal.govrb.ru;
at the address: Ulan-Ude, ul erbanova., 7, office 107.
Officially unregistered employment relationships entail serious consequences
Not the employment deprives workers of the right to social insurance, a number of social guarantees and other rights provided by the labor legislation. In case of conflict situations and violations by the employer prior promises, for example, the amount of wages, to prove the guilt of the employer and to restore workers ' rights almost impossible.
IT IS IMPORTANT!
Employees should be aware that when you are officially unregistered employment relations, including the use of "grey schemes" of payment of wages:
- the employee is not protected from accidents and occupational diseases: the occurrence of the insurance case worker lishedI payment of temporary disability benefits, insurance payment and reimbursement of additional expenses of the victim for his medical and social rehabilitation;
with no insurance experience, including benefit, which is set to the number of categories of employees for purposes of early retirement old-age pension in accordance with the Federal law "About labour pensions in the Russian Federation";
- the employer does not transfer the corresponding amounts to the Pension Fund in the future will lead to the appointment of lower pensions and poverty worker in old age;
workers depriving themselves of the opportunity to paid sick leave, making the leave for pregnancy and childbirth and leave for child care until three years of age, unemployment benefits and severance pay upon dismissal by staff reduction;
workers cannot receive social or property tax deduction on personal income tax for the purchase of housing, education and treatment, to take the credit in Bank.
Informal employment relationships, in particular "shadow" wages are a direct loss budget. Resulting in a decrease in funding for social programs, the decline of free medical care, and also leads to a reduction in funds to increase pensions and benefits.
By agreeing to perform work without official registration of labor relations, the employee not only disrespectful to yourself, refusing social protection, but also to their children and parents, allowing the employer to withdraw from listing required taxes or remit them not in full.
Responsibility for the employee
The obligation to pay personal income tax (13% of salary) lies with the citizens, and the fact that the employer, for whatever reason its not listed, does not relieve employees from responsibility. The employee who received income from which was not withheld by the employer tax, shall before 30 April of the following year to declare such income by place of residence and until July 15 to pay it independently. Otherwise he is liable under the legislation of the Russian Federation: a fine of 5% of the unpaid tax payable (paid) on the basis of this Declaration for each complete or incomplete month from the date specified for its provision, but not more than 30% of the specified sum and not less than 1 thousand rbl. (item 1 of article 119 NK the Russian Federation), as well as criminal liability – the penalty to 500 thousand rbl. before imprisonment for the term up to three years.
The person has committed the crime of tax evasion and (or) duties of individuals exempt from criminal liability provided that they have paid the amount of arrears and appropriate penalties, as well as the amount of the penalty under tax law (article 198 of the criminal code)