Explanations of the main state inspector of work of the Autonomous Republic Crimea.
How to be, if the enterprise has no corresponding financial possibilities.
The territorial State Labour Inspection in the Autonomous Republic Crimea informs heads of the enterprises, establishments, the organizations on changes in the legislation on minimum wage.
According to the Law of Ukraine "About the Government budget of Ukraine for 2006" (article 82) the size of minimum wage makes since January 01, 2006 – 350 hryvnias, since July 1, 2006 – 375 hryvnias, since December 1, 2006 – 400 hryvnias.
Article 95 Labour Code of Ukraine, Art. 3 of the Law of Ukraine About compensation (in Law edition from 18.11.2004g. by No. 2190) since January 01, 2006 it is changed minimum wage structure, it is established that the minimum wage doesn’t join surcharges, extra charges. incentive and compensatory payments. According to a part of the third article 96 Labour Code of Ukraine formation of a scale of charges (the scheme of official salaries) is carried out on the basis of a tarifnoystavka of the working first category which is established in the size exceeding legislatively established size of minimum wage. and interqualifying (interofficial) ratios of the sizes of tariff rates (official salaries).
Compensation of workers should be made so that for the fulfilled monthly norm of simple, unqualified labor a salary without awards, surcharges and extra charges and other payments which aren’t considered in minimum wage according to Art. 3 of the Law of Ukraine "About compensation", wasn’t below the established sizes of minimum wage.
If the salary added to the worker for the fulfilled monthly norm of simple, unqualified labor without surcharges, extra charges, awards and other payments which aren’t considered in minimum wage, is less than a size of minimum wage, it is necessary to make surcharge to its level. Surcharge to level of minimum wage make in that month in which the salary for the corresponding month is paid.
Introduction of the specified new sizes of minimum wage at the self-supporting enterprises and in the organizations, irrespective of form of ownership, is carried out at the expense of own funds of compensation, and in the budgetary establishments it should be made at the expense of allocations for the compensation, the income provided in estimates and expenses.
The minimum wage is obligatory for introduction by the enterprises, establishments and the organizations of all forms of ownership and managing.
If the industry agreement provided higher minimum guarantees of isoplate of work, than state, the enterprises, establishments, the organizations according to article 14 of the Law of Ukraine About compensation can apply the standards of the collective agreement allowing compensation below norms, defined by the industry agreement, but not below the state guarantees in compensation (not below minimum wage), no more than six months are only temporary for overcoming of financial difficulties of the enterprise for.
The responsibility for violation of Art. 95 the Labour Code of Ukraine, Art. 3 of the Law of Ukraine "About compensation" is established by a part 1 of article 41 of the Code of Ukraine about administrative offenses, an administrative penalty from 255 to 850 UAH.
The territorial State Labour Inspection in Avtonomnoyrespublika Krym informs heads of the enterprises, establishments, the organizations that in the first half of the year inspection together with departments of public service of fight against economic crime will carry out checks of observance of the legislation on compensation, including minimum wage observance.
E. GAFAROVA, the chief of inspection – the Main state inspector of work of the Autonomous Republic Crimea.