Main issues of the statement at the enterprise of Provision on conditions of payment of compensations and the period of calculation of an average salary are opened.
Minstruda Ukrainy advises
Advises Ministry of Labor of Ukraine
According to Art. 15 of the Law of Ukraine About oplate work forms and systems of compensation, norm of work, a quotation, scales of charges, schemes of official salaries, conditions of introduction and the sizes of extra charges, surcharges, awards, compensations and other incentive, komyopensatsionny and guarantee payments are established by the enterprises in the collective agreement with a soyoblyudeniye of norms and the guarantees provided by the legislation, general and industry (regional) agreements.
So, the current legislation to the enterprises granted the right independently in the local legal act – the collective agreement to solve questions of compensation of workers, including and payments of compensations.
For example, by the industry agreement it is provided that at dismissal of the worker in connection with a retirement to it, the disposable help which razyomer depends on length of service in branch and sredyony earnings is paid, but it is not less: for men with length of service of 10 years – monthly average earnings, 15 years – two-month earnings, 20 years and are more – trekhmeyosyachny earnings.
The decision on compensation payment at a retirement is taken out directly at the enterprise by the adoption of Provision on conditions of payment of this compensation as appendices to kollektivnomu to the contract.
In the specified Situation, except workers, imeyuyoshchy the right to this compensation, opredelyaetsya differentiation of its size, and also a calculation mekhayonizm.
If in Situation it is defined that calculation of a sredyony salary for payment of compensation is carried out according to Order of calculation of the sredyony salary, the approved Resolution of Cabinet council of Ukraine from 08.02.95 of No. 100, norms of the specified Order are obligatory for application.
In this case calculation of a monthly average zarabotyony payment is carried out proceeding from payments in two last months the works, previous an event with which the corresponding payment is connected. The worker, which worked at the enterprise (in establishment, to an organizayotsiya) is less than two calendar has some, the average zarayobotny payment pays off proceeding from payments for fakticheski fulfilled time.
If for the last two calendar months the worker didn’t work, the average salary is estimated proceeding from payments for two previous mesyayoets of work. If for these months any working day isn’t fulfilled, the average salary is estimated proceeding from established to the worker in the employment contract of a tariff rate, an official (monthly) salary.
According to Order point 4 at calculation of an average salary in two last months it doesn’t join the help in connection with a temporary netruyodosposobnost.
We note that standards of the industry agreement, koyotory are established conditions and the amount of payment to workers of disposable compensation at vyxode on pension, considered by the branch enterprises as the minimum guarantees when developing samostoyatelyyony Regulations on payment of compensation and the account in the collective agreement.
According to Art. 13 of the Labor code of Ukraine of a condition of the collective agreement can improve a poloyozheniye of workers in comparison with the legislation, general, branch agreements, but can’t worsen it.
Thus, the enterprises within the polyonomochiya and at the expense of own means can ustanavlivat additional in comparison with a zakonodatelyyostvo labor and social privileges for rayobotnik.
Therefore, the question of establishment of the amount of disposable compensation to workers at vyxode on pension is within the competence of the parties of kollekyotivny negotiations.
According to the arrangement of the parties of collective peregoyovor and in the presence of financial possibility a predyopriyatiya can establish this payment in the big sizes, than it is provided by a branch soyoglasheniye and at the expense of own means kompensirovat to workers who before an exit to a penyosiya long time were ill, a part of the lost sredneyomesyachny salary.
Village KONOVAL, chief specialist of Management of the organization of a salary of Ministry of Labor of Ukraine.