The minimum wage will rise again: what will the minimum wage be in 2022

Minimum wage in Russia - what the legislation says

The minimum wage is the minimum wage approved by law. It is established for the entire territory of Russia and guarantees employed Russians a salary not lower than a certain level.

This means that employment contracts for full-time employees cannot indicate an amount less than the minimum wage.

All this follows from the provisions of Article 133 of the Labor Code. Sources of support are also specified there. In the case of commercial enterprises that are not financed from the budget, these are the companies’ own funds.

The minimum wage plays an important role in personnel matters. It not only limits the lower salary threshold, but also serves as the basis for calculations:

• A number of compensations and benefits - sick leave, labor and employment leave, child care for up to 1.5 years, and others. If the average earnings are less than the current minimum wage, the amount is calculated based on the legal minimum.
• Some fines.
• Other payments under the compulsory insurance system.

For those whose average salary does not reach the minimum level, in 2022 the average daily earnings for calculating sick leave and maternity leave will be 420.56 rubles.

In 2022, to calculate average earnings, the maximum value of 2,434.25 rubles is used: (865,000 rubles + 912,000 rubles) / 730 days.

Thus, the standard allowance for BiR for 140 days will be 58,878.4 rubles.

Minimum wage 2022: what will change

The minimum wage increases every year. In 2022, the growth is significant - almost 8.6% compared to the current year: the federal minimum wage will increase by 1,098 rubles and amount to 13,890 rubles , the minimum wage level in 2022 will be 12,792 rubles.

What does the minimum wage affect at the economic level:

• by the amount of official wages;
• on the amount of social benefits (sick leave and maternity);
• on the amount of taxes, that is, on the amount of revenues to the budget and funds.

Workers who receive the minimum wage are expected to see an annual increase in the minimum wage level. But high growth rates of the “minimum wage” can have a negative impact on the development of small businesses. The business activity of entrepreneurs with hired staff is falling due to increased taxes and contributions that they will now be forced to pay.

How does the increase in the minimum wage in 2022 relate to the cost of living?

Article 133 of the Labor Code determines that the minimum wage cannot be less than the subsistence level of the working population. From January 1, 2021, the minimum wage will be based on the median salary.

Median salary is a value that conditionally divides all workers into 2 categories; the first will have earnings higher than it, and the second will have lower earnings. The new minimum wage will be 42% of this value.

Here is what the Ministry of Labor approved for 2022:

Thus, the cost of living is updated every year, and with it the minimum wage also changes. Most often in the direction of weak growth to cover inflation.

Deputy Prime Minister T. Golikova announced that in 2022 the minimum wage will exceed the subsistence level for the first time.

What will the minimum wage in Moscow be from October 1, 2020?

The Moscow authorities determine the regional cost of living on a quarterly basis. By Decree of the Moscow Government No. 1351-PP dated August 25, 2020 for the second quarter of 2022, it is established in the following amounts:

• for persons of retirement age – 12,606 rubles;
• for children – 15,450 rubles;
• for able-bodied Muscovites – 20,361 rubles.

The capital's monthly average per capita is 17,841 rubles.

On October 1, 2022, Moscow Regional Agreement No. 77-1094 was concluded between the city Government, trade unions and local employers for 2019-2021. According to this document (clauses 3.1, 3.2), the minimum wage in the capital is set in the amount of the approved regional minimum wage, calculated for able-bodied citizens, and is revised quarterly.

If the cost of living recalculated for the next quarter decreases, the minimum wage in Moscow in 2022 - 2022 will be remains the same. But if the monthly wage for able-bodied Muscovites increases, the minimum wage in the capital also increases. Its size is established from the beginning of the month (from the 1st day) following the month of entry into force of the next resolution of the Moscow Government approving the cost of living in the capital.

Decrees of the Moscow Government on issues of rights and freedoms of citizens become effective no earlier than 10 days after their official publication (Clause 1, Article 20 of Moscow Law No. 25 of 07/08/2009). Since in relation to Resolution No. 1351-PP it took place on August 26, 2020, the document will gain legal force in September. Therefore, the new minimum wage in the capital will be applied from 10/01/2020.

Based on the monthly wage calculated for able-bodied residents of Moscow for the 2nd quarter of 2022, Moscow sets the minimum wage in 2022 from October 1 at 20,361 rubles.

Minimum wage from 2022 in Russia - regional coefficients

According to the law, regional minimum wages cannot be lower than those established for the country, but higher - yes (Article 133.1 of the Labor Code of the Russian Federation). The basis for increasing the minimum wage are:

• Climatic conditions in which enterprises operate. For them, the regional coefficient is used.
• Decision of the regional leadership. Confirmed by a special order at the regional level.

Thus, in most subjects of the federation, for example, in the Tyumen region, from 01/01/2021 the minimum wage is 12,871 rubles, and in some even more.

Here are a few more regions where the “special tariff” applies:

In other regions

In the Moscow region there is also a tripartite agreement No. 243 dated October 31, 2019. In accordance with it, the lower earnings limit in the region is set at 15,000 rubles. For organizations financed from the federal budget, it is not relevant. The minimum wage in St. Petersburg this year is higher than in the Moscow region, but slightly lower than in the capital, and amounts to 19,000 rubles.

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Part-time work, days at your own expense, sick leave

Partial day or week . If an employee works part-time or part-time, then his salary may also be lower than the minimum wage, but strictly in proportion to the time worked. If a specialist works part-time, then his earnings must be at least 0.5 minimum wage.

Part-time job . By law, a part-time worker cannot be employed in each of his two jobs more than 50% of the time. Therefore, a part-time worker cannot be paid less than 0.5 minimum wage per month.

Sick leave . If the employee was sick, the minimum wage may be less than the minimum wage. Because his earnings are calculated based on days worked + compensation for incapacity for work.

Vacation at your own expense . In this case, the salary may also be lower than the minimum wage, because The specialist worked for less than a month.

Contract, non-standard cooperation or GPC agreement . It is possible that the employee is non-staff. This could be, for example, a freelancer hired for a short-term project under a GPC agreement, or an individual entrepreneur working as a subcontractor. In this case, there is no employment relationship between such a specialist and the organization, and payment is made in accordance with the concluded contracts.

What does the size of the new minimum wage affect?

Having concluded regional agreement No. 77-1094 with the authorities and trade unions, Moscow employers committed themselves to paying employees wages not lower than the capital’s minimum wage - when they work the full working time and fulfill the labor standard (clause 3.9).

In accordance with Art. 3 of Federal Law No. 82-FZ of June 19, 2000 on the minimum wage, its meaning applies:

• to regulate wages of employees;
• to determine the amount of maternity benefits;
• to determine the amount of sick pay.

The minimum wage is also used for other purposes of compulsory social insurance.

If you pay less

If the employer had no legal grounds to lower wages below the minimum wage, but did so, employees can contact the labor inspectorate and the prosecutor's office with a request to conduct an investigation into this fact.

In this case, the employer faces administrative liability, namely fines:

• for individual entrepreneurs - from 1 to 5 thousand rubles;
• for officials - from 10 to 20 thousand rubles;
• for a legal entity - from 30 to 50 thousand rubles.

Also, the inspection authorities will issue an order to make additional payments up to the minimum wage for all employees who did not receive the money.

In connection with the increase in the minimum wage, is it necessary to revise the size of workers’ salaries?

From 2022, the legislator raised the minimum wage to 13,890 rubles. We will discuss in this article whether employers need to revise employee salaries and whether an employee’s salary can be less than the minimum wage.

Federal and regional minimum wage: what is more important

The federal law has amended the Law on the Minimum Wage and from January 1, 2022, the minimum wage is 13,890 rubles.

Thus, from 2022, the salary of an employee who has fully worked the monthly working hours must correspond to this indicator.

Please note that this is the federal minimum wage. At the same time, the constituent entities of the Russian Federation at their level provide for their own minimum wage (Article 133.1 of the Labor Code of the Russian Federation). This amount is established by regional agreement and applies to all employers who operate in the territory of the relevant constituent entity of the Russian Federation, with the exception of:

• budgetary organizations (financed from the federal budget):
• those companies that refused to join the regional agreement.

Please note that an employer can refuse to join the agreement only within 30 calendar days from the date on which the proposal to join the agreement was published. Therefore, if the 30-day period has expired, the employer has not taken any active action, it is considered to be subject to this agreement.

In accordance with the agreement in force in Moscow for 2019-2021, the minimum wage in the capital for the next year is equal to the cost of living of the city’s working population for the corresponding year. It is obvious that this principle will continue in 2022.

From 2022, the cost of living for this category is 21,371 rubles. (Decree of the Moscow Government dated October 12, 2021 No. 597-PP).

Accordingly, the minimum wage in Moscow in 2022 is 21,371 rubles.

In St. Petersburg, starting from 2022, the minimum wage is 21,500 rubles. (Clause 1.1 of the Regional Agreement on the Minimum Wage in St. Petersburg for 2022, dated 12/01/2021).

There are also regional agreements on the establishment of minimum wages in the Moscow, Leningrad regions and a number of other regions. Accordingly, in these regions, if employers do not fall under the above exceptions, the wages of employees must be no less than the minimum wage established in the constituent entity of the Russian Federation.

If there is no regional agreement in a constituent entity of the Russian Federation, from 2022 it is necessary to be guided by the size of the federal minimum wage - 13,890 rubles.

Can the salary be less than the minimum wage?

It is important to understand that the minimum wage must correspond to the employee’s salary. At the same time, the composition of wages includes a fixed part (salary, tariff rate), as well as compensation and incentive payments (Part 1 of Article 129 of the Labor Code of the Russian Federation).

At the same time, payments that are compensatory in nature, for example, payment for overtime work, work on weekends, regional coefficient and percentage bonuses for work in the Far North and equivalent areas, are not taken into account when comparing wages with the minimum wage (Resolutions of the Constitutional Court of the Russian Federation dated 04/11/2019 No. 17-P, dated 12/07/2017 No. 38-P). In other words, these payments are calculated in excess of the minimum wage.

And incentive payments (bonuses, allowances) should be taken into account when comparing wages with the minimum wage. Therefore, if an employee’s salary is less than the minimum wage, but in addition to the salary the employee receives a bonus and in total the monthly salary corresponds to the minimum wage, there are no violations of labor legislation.

If the employee’s salary is less than the minimum wage and for some reason the employee did not receive a bonus in the corresponding month, but at the same time fully worked the standard working hours, the employee’s monthly salary will be less than the minimum wage. In such a situation, the employer will need to make an additional payment to the employee in order to comply with labor laws regarding the minimum wage.

Let us note that in order to avoid such situations, it is advisable to set the employee’s salary in an amount not less than the minimum wage in force in 2022.

Can wages be less than the minimum wage?

As a general rule, an employee’s salary must be no less than the minimum wage if the employee has worked the full monthly working hours (Part 3 of Article 133 of the Labor Code of the Russian Federation). But situations are not uncommon when an employee does not produce the full monthly quota. For example, the employee was on vacation, on sick leave, or absent from work for other valid or unexcused reasons. In this case, the monthly payment may be less than the minimum wage, but it is important that, in terms of full working time, the payment corresponds to the minimum wage.

For example, the salary of an employee working in Moscow is 25,000 rubles. The employee does not receive incentive payments. In January, the employee was sick for 5 working days (from January 17 to 21, 2022), and worked 11 working days. The employee's salary for January 2022 amounted to 11,187.5 rubles. Despite the fact that this amount is less than the regional minimum wage (RUB 21,500), there is no violation in this situation, since in terms of the full monthly working time, the salary meets the requirements established by law.

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Salary below the minimum wage: responsibility and fines

Why is the minimum wage important? For many reasons. First of all, wages depend on it. The employer does not have the right to pay full-time employees a salary below the minimum wage, as stated in Art. 133 Labor Code of the Russian Federation.

The monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled the labor standards (job duties) cannot be lower than the minimum wage.

Rostrud on its official website clarifies that wages may be less than the minimum wage if an employee works part-time or part-time.

The salary may be less than the minimum wage. In addition to salary, wages include compensation payments, various bonuses and incentive payments (Article 129 of the Labor Code of the Russian Federation). Thus, taking into account all salary increases or incentives, the employee receives an amount greater than or equal to the minimum wage. If the employee’s salary is still less than the established minimum wage, the employer must make an additional payment up to the minimum wage.

The employer must understand that he is at great risk if his employees receive wages below the minimum wage. The labor inspectorate may fine him. According to Part 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, such a violation entails a warning or the imposition of an administrative fine:

• for officials - in the amount of 10,000 to 20,000 rubles;
• for persons carrying out entrepreneurial activities without forming a legal entity - from 1,000 to 5,000 rubles;
• for legal entities - from 30,000 to 50,000 rubles.

For repeated violations, the fine for officials ranges from 20,000 to 30,000 rubles. or disqualification for a period of one to three years; for persons carrying out entrepreneurial activities without forming a legal entity - from 10,000 to 30,000 rubles; for legal entities - from 50,000 to 100,000 rubles.

Salary is less than the minimum wage for a part-time worker

Rostrud experts draw attention to the fact that in case of part-time work, remuneration should not be lower than the minimum wage, calculated in proportion to the time worked - depending on output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

Thus, the wages of a part-time worker should not be lower than the minimum wage, calculated in proportion to the time worked.