In accordance with Part 1 of Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing:
On the components of wages due to him for the relevant period;
On the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments, etc.;
About the amounts and reasons for the deductions made;
About the total amount of money to be paid.
Information about the components of wages must be brought to the attention of the employee by providing him with a pay slip. The form of this document is developed by the employer independently (taking into account the requirements of Part 1 of Article 136 of the Labor Code of the Russian Federation) and is approved taking into account the opinion of the representative body of employees (if any) (Part 2 of Article 136 of the Labor Code of the Russian Federation).
The form of the pay slip can be approved by order of the employer or be an appendix to a local regulatory act that establishes the wage system in the organization (for example, to the regulations on remuneration of employees).
The employer is required to provide employees with payslips to ensure that they can obtain reliable information about their wages. The goal is to monitor the employer’s compliance with the working conditions provided for in the employment contract.
HOW TO ISSUE PAYMENT SHEET?
Can be sent by email
The procedure for issuing pay slips to employees when paying wages is not established by labor legislation. Therefore, the employer must independently determine it and consolidate it in its internal documents.
For example, such a procedure can be established in a local regulatory act that determines the form of the pay slip. Rostrud specialists also confirm this in their explanations.
If all employees of the organization have their own work (corporate) email addresses, then payslips can be sent to them for review.
Specialists from the Russian Ministry of Labor consider this possible. In their opinion, the procedure for notifying employees about the components of wages must be fixed:
1) in an employment contract;
2) collective agreement;
3) local regulatory act of the employer (for example, in the order of the head of the organization, the regulation on the issuance of pay slips to employees).
If the established procedure provides for sending pay slips to employees by email, this does not violate the provisions of Art. 136 of the Labor Code of the Russian Federation (example 1).
Judicial practice also confirms the legality of using this method of notifying employees about the components of their wages. Judges do not see any violation in sending payslips by email.
The procedure for issuing pay slips to employees can be specified in a local regulation or collective agreement in more detail.
A situation is possible when an organization employs workers who are not involved in computer work (for example, service personnel - repairmen, cleaners of production and office premises, etc.). In this case, it is possible to provide different ways issuing pay slips (example 2).
Employees must be familiarized with the local regulatory act, the collective agreement establishing the procedure for issuing pay slips against signature (part 2 of article 22, part 3 of article 68 of the Labor Code of the Russian Federation).
Can be accessed using a special program
Due to the fact that labor legislation does not regulate the procedure for notifying employees about the components of wages, employers can use various ways presentation of pay slips to employees.
An organization can use the following options for familiarizing employees with payslips:
a) providing access to special program, for which each employee is given a login and password;
b) providing access to the employee’s personal work account on the Internet.
The courts have also not recognized the posting of pay slips in electronic form as a violation:
In the employee’s personal work account on the Internet (Appeal ruling of the Supreme Court of the Komi Republic dated February 18, 2013 in case No. 33-1073/2013);
On the employee’s personal page in the Internet bank (Appeal ruling of the Novosibirsk Regional Court dated 06/05/2014 in case No. 33-4700/2014).
The courts found these methods of notifying employees to comply with the requirements of labor legislation.
Paper payslips do not need to be filled out. By letter No. 14-1/OOG-1560, the Ministry of Labor authorized the issuance of electronic slips to employees. For example, by mail and Skype. Thus, now the employer has the right not to issue payslip on paper. The article contains a form and a sample sheet.
How to issue pay slips correctly in 2019
The Ministry of Labor said in a letter that the law does not prohibit issuing pay slips in electronic form. But in order to use this method, the accounting department must issue a number of documents. Let's talk about everything in order.
- Article of the day:
The Labor Code obliges the employer to inform the employee in writing (Part 1 of Article 136 of the Labor Code of the Russian Federation):
- on the components of wages and other charges;
- the amount and reasons for deductions from wages;
- amount to be paid in hand.
Salary notification form - pay slip. If the accountant does not issue slips to employees when paying wages, the labor inspectorate will impose a fine on the company of up to 50,000 rubles. (Part 1 of Article 5.27 of the Labor Code of the Russian Federation).
The Labor Code does not determine how to transfer a document to an employee. You have the right to print it on paper or send it electronically. The second method saves time. You don’t need to print it out, invite employees to the accounting department and give everyone a document.
You can use a payslip in electronic form:
- send by email;
- open in a special program;
- post it in your personal account or on the employee’s personal page on the Internet.
You can fill out the form for free online in our program Bukhsoft. It allows you to maintain tax and accounting records and prepares primary documents and reporting in one click. By the way, the program itself fills out the document and sends them to employees by email and SMS. Take a trial access to the program for 365 days. Consultation on all accounting issues is available to users 24 hours a day, 7 days a week.
- News of the day:
How to send a payslip by email
The company has the right to determine that employees will receive leaflets by email. Specify this method in the local regulatory act that approved the form. This is what Rostrud recommends in letter No. PG/36563-6-1 dated December 27, 2016.
The notification procedure must be fixed in one of the documents:
- in the employment contract;
- collective agreement;
- local regulations of the employer.
The wording in the contract may be as follows:
“On the day of payment of wages for the second half of the month, the employer sends sheets in the form specified in Appendix X to these Rules to the employee’s corporate email address.”
Form and sample
Below is a form and a sample form for filling out the form. This form can be submitted by email. You can also send an extract by email accounting programs according to salary, for example, from 1C.
Sample pay slip
New fines for failure to issue pay slips
Previously, fines were established for pay slips. See the table for new fines.
|
Violation, rule of law |
Punishment for... |
||
|---|---|---|---|
|
Accountants |
Entrepreneurs |
Companies |
|
|
Failure to issue pay slips; (Parts 1-2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation) |
First violation |
||
|
fine from 1000 to 5000 rubles. |
fine from 1000 to 5000 rubles. |
fine from 30,000 to 50,000 rubles. |
|
|
Repeated violation* |
|||
|
fine from 10,000 to 20,000 rubles. or disqualification for 1-3 years |
fine from 10,000 to 20,000 rubles. | ||
Electronic newspaper
The company has the right to send payslips by email to employees. This procedure will not violate the Labor Code.
How to send payslips by email
The main thing is to register new way notices in an internal document, labor or collective agreement. This conclusion was first made by the Ministry of Labor in letter dated February 21, 2017 No. 14–1/OOG-1560 (response to a private request).
- Important article:
The employer is obliged to inform employees about the components of the salary. For this purpose, the accounting department issues pay slips (Article 136 of the Labor Code of the Russian Federation). If the company does not notify workers, labor inspectors have the right to fine them 50 thousand rubles (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Moreover, it is not possible to challenge the fine even in court (decision of the Sverdlovsk Regional Court dated January 20, 2016 No. 72–98/2016).
How to issue a leaflet. The code states that employees must be informed about the components of their salary in writing. There are no other requirements. If you send the sheet by email, employees will be able to read the document and print it. The employer will comply with the written request. Therefore, in letter No. 14–1/OOG-1560, the Ministry of Labor came to the conclusion that the company has the right to transmit leaflets by email.
Another way to save money on paper is to send sheets by personal message on the company's corporate website or provide employees with access to a program where they can view their documents. Such methods are supported by judges (appeal ruling of the Novosibirsk Regional Court dated 06/05/14 No. 33–4700/2014).
Write in internal documents that the company sends leaflets by email. For example, fix such rules in the provision by which the company approved the form of the pay slip itself (letter of Rostrud dated 03/18/10 No. 739 6 1). Make changes by order and familiarize employees with it (see sample).
Sample. How to change the order of issuing payslips (fragment)
There is no need to warn employees about the amendments two months in advance; the changes do not worsen their position (Article 74 of the Labor Code of the Russian Federation).
Not all workers have email and Internet access. Therefore, there is no need to completely eliminate paper documents. Leave both notification methods. This also does not contradict the code.
Payslips by email: how to confirm receipt
At the labor inspection, the employer must confirm that he issued pay slips. To do this, set up sending read confirmation messages. When an employee receives such a letter and opens it, you will receive electronic confirmation. Save an archive of sent messages with payslips. In this case, you can quickly find the letter you need.
28.11.2017 10:51:00
<Скудутис М. Электронные больничные. Плюсы и минусы // Расчет. 2016. № 3. С. 23-25>. And today, you can buy air tickets electronically, file a claim, put signatures, keep records of the issuance of personal protective equipment, submit declarations of compliance of working conditions with state regulatory labor protection requirements, and even receive an administrative fine (Clause 5.1 of Article 29.10 of the Code of Administrative Offenses of the Russian Federation). Payslips in electronic form are currently available only to remote workers<часть 5 статьи 312.1 Трудового кодекса РФ> <Мошкович М.Г. Тайны расчетного листка // Главная книга. 2014. № 23. С. 23>.
Sick leave certificates will soon be issued electronically<Скудутис М. Электронные больничные. Плюсы и минусы // Расчет. 2016. № 3. С. 23-25>. And today, you can buy air tickets electronically, file a claim, put signatures, keep records of the issuance of personal protective equipment, submit declarations of compliance of working conditions with state regulatory labor protection requirements, and even receive an administrative fine (Clause 5.1 of Article 29.10 of the Code of Administrative Offenses of the Russian Federation).
Payslips in electronic form are currently available only to remote workers<часть 5 статьи 312.1 Трудового кодекса РФ>. For all other categories of workers, Part 1 of Article 136 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) requires that pay slips be issued exclusively in paper form, using the distribution of pay slips by e-mail only as additional method <Мошкович М.Г. Тайны расчетного листка // Главная книга. 2014. № 23. С. 23>.
But how can you inform an employee about the payments due to him if he, for example, gets sick or is on the road on the day the salary is paid, is a highly qualified foreign specialist who does not speak Russian, or cannot read it at all because he has limited capabilities due to health conditions? ? Let's try to figure out why the pay slip remains “dispossessed” in the century information technology, because there are much fewer requirements for it than for the same airline ticket or a resolution on an administrative offense.
PERSONAL DATA - RELIABLE PROTECTION
Let's turn to the rule of law. Part 1 art. 136 of the Labor Code of the Russian Federation obliges the employer, when paying wages, to notify in writing each employee about the components of the wages due to him for the corresponding period, about the amounts of other amounts accrued to the employee, about the amounts and grounds for deductions made and about the total amount of money to be paid .
The first advantage of an electronic payslip is that it is not necessary to indicate the personal data of employees. Please note: the law does not require the employee’s last name, first name and patronymic to be indicated on the pay slip. Therefore, when approving the form of the pay slip, the employer only needs to personal signature bring to the attention of the employee what will be indicated on the pay slip instead of the full name. his personnel number, and in case of loss of the sheet this will not entail the disclosure of personal data due to their depersonalization. And taking into account the possible tightening of administrative penalties for violation of legislation on personal data this question becomes even more relevant<Федеральный закон от 07.02.2017 № 13-ФЗ «О внесении изменений в Кодекс Russian Federation about administrative offenses">.
This technique is especially convenient for civilian personnel of various law enforcement agencies: as a rule, they have fairly strict rules regarding even very simple documents. Of course, many experts may object, because all information about wages, including full name. employee, you can easily “sew up”, for example, into a QR code. But many also have telephones that can read such a code in one or two minutes, but the employee’s personnel number is known to himself and a limited circle of his colleagues, who are responsible for the disclosure of personal data. And in the event of disputes regarding unlawful actions (inaction) of the employer when processing and protecting the employee’s personal data, such conflicts will be considered by the court, since according to Art. 391 of the Labor Code of the Russian Federation, such disputes are considered directly by the court.
Example 1. The employer issued payslips to employees in sealed envelopes, similar topics, in which banks issue a PIN code to bank cards. However, the human factor cannot be avoided: the envelopes were mixed up, as a result of which two employees found out the size of each other’s wages and “caused” a scandal, which could have been avoided if the pay slips had contained numbers, not names, and they had been issued electronically to the address employee email.
SAVING MONEY
Another advantage of issuing payslips electronically is saving paper. Yes, yes, don't laugh. This is especially true for large organizations. Try to count in your mind the number of employees in your company, multiply by twelve - the amount of paper required to print the data. The result will be far from modest. For small companies this is not a problem, but for large ones (especially “green”) this innovation will be a salvation from the routine of paperwork and will provide a good opportunity to save money.
Let us refer to letter No. 02-06-05/21573 dated April 14, 2016, where the Russian Ministry of Finance explains that the formation and storage of second copies of payslips is not provided for by regulations<см. раздел «Применение и заполнение карточки-справки (форма 0504417)» Методических указаний по применению форм первичных учетных документов и формированию регистров бухгалтерского учета органами государственной власти (государственными органами), органами местного самоуправления, органами управления государственными внебюджетными фондами, государственными (муниципальными) учреждениями, утвержденных Приказом Минфина России от 30.03.2015 № 52н» (далее - Приказ № 52н)>. It also states that payroll sheets for employees’ wages are formed on the basis of the document forms established by Order No. 52n.
Indeed, in Order No. 52n, as well as in the Labor Code of the Russian Federation, there is no indication of the employer’s obligation to store pay slips. However, this obligation is contained in the Instructions for the use and completion of primary documentation forms for recording labor and its payment, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 (hereinafter referred to as Resolution of the State Statistics Committee No. 1). Thus, a copy of the printout of the pay slip with data on the components of wages, the amount and grounds for deductions made, the total amount of money to be paid is invested (pasted) monthly in the employee’s personal account on paper (form No. T-54a, approved by the Resolution of the State Statistics Committee No. 1).
At the same time, the need to invest (paste) printouts of payslips for the entire period of work into employees’ personal accounts has disappeared since January 1, 2013<Письмо Роструда от 23.01.2013 № ПГ/10659-6-1>.
The current version of Art. 136 of the Labor Code of the Russian Federation directly states that the pay slip is issued in writing, and the legal definition of the concept “written form” is contained in Part 2 of Art. 434 of the Civil Code of the Russian Federation, according to which an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging letters, telegrams, telexes, telefaxes and other documents, including electronic documents transmitted via communication channels, allowing to reliably establish that the document comes from a party to the contract. In practice, inspectors are adamant: pay slips must be issued exclusively on paper (with the exception of remote workers).
At the same time, the Russian Ministry of Finance expressed in a letter the absolutely correct position: the legislation does not provide for either the formation or storage of second copies of pay slips. In fact, during checks and when employees request re-issuance of pay slips, they are simply re-printed.
In fact, an interesting thing turns out: the pay slip was issued to the employee, the employer is not required to keep the second copy of the pay slip, however, if it is impossible to confirm the issuance of the pay slip to the employee, he may receive a fine, and on the basis of the inspection report and the decision in the case of an administrative offense, drawn up in the form electronic document. The irony of fate, and that's all. Fortunately, the ice has recently broken. As part of the Russian Investment Forum “Sochi-2017”, a session “Labor Relations in the Digital Economy” was held, at which the head of Rostrud Vsevolod VUKOLOV noted that the possibility of drawing up employment contracts in electronic form is one of the key tasks for today. This will not only help remote workers and shift workers formalize their employment relationships, but will also reduce the costs of companies that invest heavily in paperwork< http://www.rostrud.ru/press_center/novosti/549002/>.
This initiative is very relevant and timely and will allow, simultaneously with the implementation of the idea of electronic employment contracts, to resolve the issue regarding the “poor relative” of the employment contract - the pay slip, namely the possibility of issuing pay slips in electronic form. I am confident that this will significantly simplify the task of implementing the instructions of the head of state to create a single space for the digital economy.
FORM OF PAYMENT SHEET
There is no recommended (unified) form of pay slip, which negatively affects the employer’s fulfillment of the obligation to approve it. There are often cases when the information included in the pay sheet is absolutely not needed by the employee, or the components of the salary are presented in the form of abbreviations that only initiates can decipher.
In my opinion, the registration and subsequent issuance of a payslip in electronic form will allow trade unions (or works councils at the local level) at the level of industry agreements to fix its recommended form for all employers in a certain industry and place it in open access in order to optimally comply with the requirements of labor legislation relating to the remuneration of employees, and will significantly reduce the risk of bringing the employer to administrative liability for using an unapproved form of pay slip<Постановление ВС РФ от 23.12.2010 № 75-АД10-3>.
Example 2. Clause 3.2.12 of the Industry Agreement on the Coal Industry of the Russian Federation currently establishes the employer’s obligation to pay employees, with the exception of employees receiving a salary (official salary), for non-working holidays on which they were not involved in work, an additional remuneration in the amount of 1/ 21 from the minimum wage with the addition of a regional coefficient and northern allowances.
<Соглашение о продлении срока действия Дополнительного соглашения к Федеральному отраслевому соглашению по угольной промышленности Российской Федерации на период с 01.04.2013 по 31.03.2016 о мерах по стабилизации и оздоровлению социально-экономической ситуации в организациях угольной промышленности и реализации ФОС в 2015 году (продлено до 31.12.2018) (утв. Общероссийским отраслевым объединением работодателей угольной промышленности, Российским независимым профсоюзом работников угольной промышленности 26.10.2015) >.
Posting on the websites of trade unions or associations of employers an approved form of pay slip with specific components of the salary (including the most little-known additional remuneration in Russia, provided for in Part 3 of Article 112 of the Labor Code of the Russian Federation), issued in electronic form, will help employers effectively inform employees about payments due to them, and employees - to directly participate in the management of the organization in accordance with the provisions of Art. 53 Labor Code of the Russian Federation.
Let us add that existing software and hardware allow you to create and send payslips by email and mobile devices; draw up graphs showing the growth or decrease of wages over time; link tax withholding data to personal account taxpayer and so on. The possibilities are countless. For example, the concept of synchronous payment to the relevant funds and payment of wages, which will have a positive impact on the level of social protection of workers
At the same time, it is necessary to understand that electronic and paper methods of informing employees will become equivalent only after appropriate changes in labor legislation, the need for which is long overdue. In fact, you don't have to do anything drastic. In Art. 9 Federal Law“On Accounting” dated December 6, 2011 No. 402-FZ sets out in great detail the features of the simultaneous use of primary documents in both paper and electronic form. In the event of a dispute between an employee and an employer, payslips are usually submitted to the court on paper.<Апелляционное определение ВС Республики Башкортостан от 29.05.2014 № 33-5719/2014>.
When conducting an inspection by the labor inspectorate, pay slips can be presented in the form of electronic documents (Part 6, Article 11 of the Federal Law “On the Protection of Rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" dated December 26, 2008 No. 294-FZ). Moreover, starting from January 10, 2016, such electronic documents must be signed by the employer with a highly qualified electronic signature(previously it could be submitted in the form of electronic documents).
Prompt provision by the employer of electronic documents during an audit that reveals violations in the field of remuneration will significantly reduce penalties. According to clause 4, part 1, art. 4.2 of the Code of Administrative Offenses of the Russian Federation, this will be regarded as assistance in establishing the circumstances of the offense and will allow (in the absence of a dispute) to fulfill the order before the consideration of the case of an administrative offense, which will significantly mitigate the administrative liability provided for in Parts 1 and 6 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Example. The employer violated the terms of payment of wages and, during the inspection, presented to the labor inspector within 1 - 2 days after the start of the documentary inspection the employees' payslips in electronic form, which reflected the amount of monetary compensation for delayed wages paid to the employees (compliance with the requirements of Part 1 of Art. 136 and 236 of the Labor Code of the Russian Federation), thereby providing assistance and voluntarily eliminating the consequences of the identified violation. In such circumstances, the amount of the fine will be minimal, and some courts (taking into account the nature of the offense and the financial status of the offender) may even impose an administrative penalty in the form of a warning<Решения мирового судьи судебного участка № 9 Октябрьского района г. Улан-Удэ № 5-333/2016, 5-334/2016 от 15.06.2016>.
AFTERWORD
The possibility of presenting payslips in the form of an electronic document to the inspector most clearly emphasizes the objectively established picture, which makes it possible to inform workers about wages in electronic form without conducting various experiments, public discussions of bills and “run-in” in pilot regions. If the law allows you to send payslips electronically to the labor inspector, then you can not be so scrupulous in relation to workers.
Taking into account changes in legislation, namely the introduction of professional standards, an accountant needs to know the basics of computer science and computer technology. Therefore, the issuance of pay slips in electronic form should not be affected by the “last mile” problem, and in the near future it will free employers from the problems associated with recording the issuance of pay slips on paper and protecting the employee’s personal data.
Summing up, we can confidently say that notifying an employee about wages in electronic form entails more advantages than disadvantages. Modern technologies will allow you to easily translate the information contained in the pay slip into any language (suitable for both foreign workers and Russian citizens who want to receive a pay slip in the national language of the subject of the Russian Federation), voice it for people with disabilities, and also eliminate headaches for employers whose employees are away from their permanent place of work (shift workers, business travelers, employees of private employment agencies). And given the recent initiative Pension Fund Russia, expressed in the information letter of the Pension Fund of Russia and the Federation of Independent Trade Unions of the Russian Federation dated December 28, 2016 No. AD-25-26/19130, 101-114/237 “On cooperation of the Pension Fund of the Russian Federation with the Federation of Independent Trade Unions of Russia on the issue of preparation of documents for assigning pensions to employees,” we can say with a certain degree of confidence that the electronic payslip will receive its rightful place in the sun.
www.consultant.ru.
The practice of using pay slips in electronic form is not new. Many have used them before, but the State Labor Inspectorate did not always agree with the legality of the electronic form of the pay slip, because Art. 136 of the Labor Code of the Russian Federation speaks of the “written form” of a pay slip (below we will give an example of a well-known court decision on this).
After clarifications from the Ministry of Labor of the Russian Federation recently appeared online, which gave the green light to electronic pay slips, enterprises began transitioning to this form of notifying employees about the components of their salaries. At the same time, employers often make annoying mistakes that threaten them with a fine. Let's talk about them.
- 1.The form of the payslip must be approved (Part 2 of Article 136 of the Labor Code of the Russian Federation). Even if the pay slip will now be sent electronically to the employee’s email or delivered to him in some other way, its form still needs to be approved.
- 2. The form of the payslip is approved by the employer taking into account the opinion of the representative body of workers in the manner established by Article 372 of this Code for the adoption of local regulations. If, of course, the company does not have a representative body of employees, then, I think, the employer can himself approve the form of the pay slip. Traditionally this is done by order.
- 3.The form of the payslip must allow you to enter information established by the code :
- on the components of wages due to the employee for the relevant period;
- on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee; about the amounts and grounds for deductions made;
- about the total amount of money to be paid.
- Example
- The State Labor Inspectorate inspected the Bank and fined it for not issuing printed pay slips to employees. Notification of employees was carried out through direct access of each employee to his payslip on a computerized workstation at any time.
- The bank did not agree with the punishment and went to court.
- Appeal ruling of the Omsk Regional Court dated July 24, 2013 in case No. 33-4740/2013 (excerpt):
- “... From the case materials it follows that on February 15, 2013, the State Labor Inspector of the State Labor Inspectorate ... based on an inspection of compliance with labor legislation, issued an order No. * (case sheet 6-7), according to which the Bank’s obligation to accept measures to comply with the requirements of Part 1 of Art. 136 of the Labor Code of the Russian Federation, monthly notify employees in writing about the components of wages due to employees for a certain period; on the amount of other amounts accrued to employees, including monetary compensation for the employer’s violation of the established deadline, respectively, for payment of wages, vacation pay, dismissal payments and (or) other payments due to employees; about the total amount of money to be paid with the deadline of March 15, 2013 (clause 2).
- When considering the case, the court established that on November 7, 2011, the applicant issued order N * “On approval of the Procedure regulating the process of informing employees of OJSC “*” about their income due for the corresponding period, the amount of deductions made and the total amount to be paid” (l .d. 9-10), according to which Bank employees who have a computerized workplace, access is provided to view your personal payslip in the HR-Salary PC, AC IBSO. For Bank employees who do not have a computerized workplace, logins and access to view personal payslips are provided through existing “kiosks” (public computers) or through computerized workplaces of colleagues. It is possible to print the payslip at the employer's expense.
- 12/13/2011 by order N 1462 "On approval of the Technological scheme for the process of generating and providing employees of OJSC "*" with pay slips in electronic form" this scheme valid from 01/01/2012 (case file 12). The indicated scheme contains general rules for informing Bank employees about their income due for the corresponding period, the amount of deductions made and the total amount to be paid by providing Bank employees with access to the database for generating pay slips in electronic form (case sheets 15-18).
- Having disagreed with this order, OJSC "*" went to court, pointing out that there were no violations of labor legislation in terms of informing employees about the calculation of wages.
- In resolving the dispute, the court correctly determined all the circumstances relevant to the case, applied the rules of substantive law, and gave a proper assessment of the presented evidence in its entirety in accordance with the requirements of Art. 67 of the Code of Civil Procedure of the Russian Federation, and came to the legal and justified conclusion that the stated demands to recognize as illegal clause 2 of the order of the State Labor Inspector of the State Labor Inspectorate in the Omsk Region dated 02/15/2013 N *, issued by the Omsk branch of OJSC "*", are subject to satisfaction .
- The panel of judges agrees with this conclusion of the court for the following reasons.
- In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to timely and full payment of wages in accordance with his qualifications, complexity of work, quantity and quality of work performed, as well as to complete reliable information about working conditions.
- Provisions of Art. 136 of the Labor Code of the Russian Federation establish that when paying wages, the employer is obliged to notify in writing each employee: about the components of the wages due to him for the corresponding period; on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee; about the amounts and grounds for deductions made; about the total amount of money to be paid.
- The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations.
- From the analysis of the above provisions of the law in their interrelation it follows that the imposition by the legislator of the above obligation on the employer is associated with ensuring the employee’s right to reliable information about his wages in order to monitor the employer’s compliance with the working conditions stipulated by the employment contract.
- The fact that the applicant complied with the obligations imposed on him as an employer, Part 1 of Art. 136 of the Labor Code of the Russian Federation, the obligation is confirmed by the evidence presented by the applicant: a printout of the step-by-step opening of the “Find out your income” program on the employees’ workstation * (case sheet 32-35), a printout of the pay slip B.L.R. for 1 quarter (case file 20), printout of G.A.F. pay slip. for the period from 01/01/2013 to 04/19/2013 (case file 21), which were obtained from the work computer, including the testimony of witnesses B.T.V. interrogated at the court hearing. and T.S.S.
- Meanwhile, according to Art. 249 of the Code of Civil Procedure of the Russian Federation, the responsibility for proving the circumstances that served as the basis for the decision of the state inspector, its legality, is assigned to the body that made the contested decision.
- Under such circumstances, the court of first instance reasonably came to the conclusion that when the State Labor Inspector of the State Labor Inspectorate ... adopted the order dated 02/15/2013 N * in relation to ..., namely paragraph 2 of this order, the state inspector did not correctly establish a violation of Art. 136 Labor Code of the Russian Federation.
- ...Order N 257-0 dated 07.11.2011 “On approval of the Procedure regulating the process of informing employees of OJSC “*” a system was put into operation electronic document management on familiarization of Bank employees with personal pay slips in the PC "Personnel-Salary", AC IBSO, equating familiarization with documents on paper and familiarization in electronic format, providing user identification with an individual password. When considering the case, it was established that Bank employees use the specified system to familiarize themselves with payslips. Moreover, for Bank employees who do not have a computerized workstation, logins and access to view personal payslips are provided through existing “kiosks” (public computers) or through computerized workstations of colleagues. It is possible to print out a payslip at the employer’s expense, which is confirmed by the applicant’s explanations and witnesses questioned at the court hearing.
- At the same time, the judicial panel notes that the pay slip can be viewed and printed repeatedly, at any time, and compared amounts with other periods, which, on the contrary, expands the employee’s opportunities to exercise his rights under Art. 136 Labor Code of the Russian Federation. From the explanations of the applicant's representative it follows that in modern conditions This form of familiarization with the components of wages can be used by all bank employees. Otherwise, neither in the court of first instance nor in the court of appeal has it been proven..."
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