Whether compensation for honest continuous work at calculation of an average salary for payment of time of annual holiday or for payment of compensation for unused holidays is considered
According to Art. 15 of the Law of Ukraine About oplate work (including and joint-stock obyoshchestvo) independently establish the enterprises in the kollektivyony contract of a form and compensation system, normy work, quotations, scales of charges, schemes of dolzhnosyotny salaries, conditions of introduction and, the sizes of extra charges, surcharges, awards, compensations and others pooshchriyotelny, compensatory and, guarantee payments with observance of norms and the guarantees provided by a zayokonodatelstvo, general and industry (regiyoonalny) agreements.
Thus according to Code Art. 16 zakonov about work of Ukraine (further -) an usyoloviya of the collective agreement terms of payment of work of workers in comparison with the legislation at all, general, otrasyolevy agreements can’t worsen the Labour Code of Ukraine.
On the contrary, according to Art. 13 of the Labour Code of Ukraine the collective agreement can provide dopolniyotelny in comparison with the current legislation and guarantee agreements, social privileges.
At pronouncement of decisions on establishment in the kollekyotivny contract of forms and compensation systems, sleduet to mean that according to Art. 96 of the Labor code of Ukraine an organization basis oplaty work is the tariff system including tayorifny grids, tariff rates, schemes of official salaries and tariff and qualifying characteristics (directories).
The tariff system of compensation is used for distribution of works depending on complexity, and workers – depending on their qualification and according to categories of a scale of charges.
According to Art. 6 of the Law of Ukraine About compensation a scale of charges (the scheme of official salaries) formiruetsya on the basis of a tariff rate of the worker of Irazryada established in the size exceeding legislatively established size of minimum wage; interqualifying (interofficial ratios of the sizes of tariff rates (official salaries).
Tariff factors define, in how many time level of compensation of workers of this category exceeds level of compensation of workers of the predyduyoshchy category.
Size of increase in tariff factor imeet importance for ensuring differentiation of compensation of workers depending on tariff kvalifikacionnogo the category of works carried out by them.
Therefore, establishment of intertariff (mezhyorazryadny) factors for workers of I – VIrazryadov is an indispensable condition tariff sistemy compensations.
With a view of motivation strengthening to work, stimulations of workers to professional development and in the presence of financial possibilities the enterprise can uvelichivat the extent of interdigit factors, ustanavyolivy that highly skilled rabotnikam higher tariff rates. The tariff rate of the worker (day or hourly) is defined in the fikyosirovanny sum (a part of 4 Art. 96 of the Labour Code of Ukraiyona). For some categories of vysokokvalifitsirovanyony workers instead of tariff rates can ustanavlivatsya monthly salaries.
It is necessary to note that according to Zayokon Ukrainy’s Art. 9 About collective agreements and soglasheyoniya provisions general, branch soglasheyoniya operate directly and are obyazatelyyony for all subjects being in the sphere of a deyyostviye of the parties, signed the agreement.
In case representatives of the parties, predstavlyayuyoshchy interests of the enterprise, didn’t accept participation in signing of general, industry agreements, normy these agreements, except the size of a tariff rate of the worker of Irazryada, aren’t obligatory for application at the enterprise.
Proceeding from stated, we will specify that mezhkvaliyofikatsionny (interofficial) ratios of razyomer of tariff rates (salaries) are established in the collective agreement or other local act of the enterprise depending on complexity of works, orgayonizatsionno-legal level of a position, from the funkyotsiya which are carried out by division in which this or that worker, and other working conditions works. Thus interqualifying (mezhdolyozhnostny) ratios can be established in a certain range ("fork") of tariffs (okladov). At application of ranges ("forks") tarifov (salaries) certification of the worker and for her results is carried out the tariff (salary) within a position range, on which rabotaet the worker is established.
The decision on establishment of tariffs (salaries) vynosit at the enterprise the head taking into account conditions, opyoredelenny the collective agreement.
So, the unique document influencing the size of salaries (tariff rates) workers, ustanovlenyony the staffing table of the enterprise, is the kolyolektivny contract.
As the collective agreement consists dvumya the parties – the owner or the body (person) authorized by it, on the one hand, and one either neyoskolky trade unions or others upolnomochenyony on representation labor collective bodies, the decision on establishment of these or those razyomer of tariffs (salaries) can’t be odnostoyoronny.
In case the collective agreement on a predpriyayotiya isn’t concluded, the owner or the body authorized by it is obliged to coordinate these questions with elected body of primary trade-union organization (the trade-union representative), representing interests of a bolshinyostvo of workers, and in its absence – with other upolyonomochenny body on representation.
Village KONOVAL, chief specialist
Managements of the organization of a salary of Ministry of Labor of Ukraine.