The list of risk indicators in the exercise of state control over compliance with labor laws has been completed with two new elements. An unscheduled inspection threatens employers if signs of payment of wages below the minimum wage and a reduction of mandatory contributions to the Fund for Financial Markets by 50% are revealed in the absence of personnel changes for the quarter. The analysis of the payment of wages below the minimum wage will be carried out taking into account the proportion of the wage fund and the number of employees during the reporting period, explained Yulia Busygina, expert on labor and wages at Kontur.School. If an employee has worked for a full month, her salary should not be less than the minimum wage, says Alexander Yuzhalin, head of the legal department at SuperJob.
There are several cases where it is legal to pay wages below the minimum wage, for example, if an employee took self-employed leave, worked part-time, or was suspended from work without pay. Regional coefficients, Northern bonuses, additional payments and compensation for work under special conditions must be calculated above the minimum wage, Yuzhalin clarifies. “In some cases, entrepreneurs will have to give explanations to the supervisory authority,” explains Busygina. This will avoid fines if the company had the right to pay an employee less than the minimum wage. When conducting an unscheduled inspection, inspectors request documents from the company and the employer can provide written explanations. For paying wages below the minimum wage, initially the fine is not very large: up to 50 thousand rubles, notes Yuzhalin. But a repeat violation doubles its size and the manager faces a disqualification of up to 3 years.
