In Vinnytsia oblast Ministry of social policy clarifications regarding certain issues of remuneration in connection with changes in legislation
the Ministry of social policy regarding the application of the law of Ukraine from 06.12.2016 No. 1774-VIII "On amendments to certain legislative acts of Ukraine" (hereinafter – the Law) informs. The law provides the concept of the minimum wage in line with European practice and international standards, in particular by: the introduction of the new methodology for determining the minimum wage (as the lower limit of the wage guaranteed by the state); the minimum salary in the amount not less than the subsistence minimum established for able-bodied persons on 1 January of the calendar year; non-application of the minimum wage as calculated values when constructing schemes of official salaries, the determination of fees for providing administrative services, court fees, taxes and the like. From 01.01.2017 the subsistence minimum established for able-bodied persons, the Law of Ukraine "On State budget of Ukraine for 2017" was approved in the amount of 1 600 hryvnia, the minimum wage in monthly size – 3 200 UAH in the hourly rate – of 19.34 of the hryvnia. According to the Law when calculating the employee's wages to ensure minimum size are not taken into account additional payments for work in unfavourable working conditions and increased health risk, for night work and overtime, traveling nature of work, bonuses for holidays and anniversaries. In the case where the employee established additional payments for work in harmful labour conditions, the bonuses should be paid above the minimum wage (3 200 UAH). If the terms of payment stipulated by the increase of salaries of employees, for example, for work in institutions and organizations located on the territory of settlements, which a mountain status is given for certain types of educational institutions, for work in harmful and severe working conditions, then this increase is taken into account with the minimum wage. If the employee has fulfilled the monthly labor rate, and accrued wage below the statutory minimum wage, the employer must make additional payment to its level, which is paid monthly simultaneously with wages. If the employee has not fulfilled monthly norm of work, was on vacation, out sick, working incomplete working hours, etc., then his pay is in proportion to the execution rate of labor. Downtime is not the fault of the employee shall be paid in accordance with the provisions of article 113 of the Code of labour laws of Ukraine (hereinafter – the Labor code), not less than two thirds of the tariff rates established employee grade (salary) without a surcharge up to the minimum wage. With the introduction of the summarized accounting of working hours to the accounting period month worked beyond the normal working time for an accounting period is payable as overtime and the payment shall be made in excess of the minimum wage. If the work in the summarized record of working time performed in the limits established in the employee working hours which is less than the normal hours of work, schedule of work, he gets his wage not below the minimum wage. For businesses that have a summarized recording of working time, to reduce hours of overtime and the burden on the wage Fund, it is recommended to apply the following accounting periods as the semester, year. The act also amended the laws of Ukraine, in which wages or salaries were determined on the basis of the minimum wage. According to these changes, wages and salaries will be determined in the ratio to the subsistence minimum for able-bodied persons, established on 1 January of the calendar year. Please note that the Cabinet of Ministers of Ukraine adopted the resolution from 28.12.2016 No. 1037 "About payment of workers of establishments, institutions and organizations of separate industries of the budget sphere". From 01.01.2017 the salaries (tariff rates) workers of establishments, institutions and organizations of separate industries of the budget sphere are calculated from official salary (the tariff rate) worker 1 tariff category specified in the amount of subsistence minimum for able-bodied persons, established on 1 January of the calendar year in 2017 is 1 600 USD. The heads of agencies, institutions and organizations of separate industries of the budget sphere to avoid "egalitarianism" wage mandated to provide within the limits of the wage Fund wage differentiation of employees who receive it at the level of the minimum, due to the establishment of additional payments, allowances, bonuses depending on difficulty, responsibility and conditions of work, qualifications, the results of his work. In this regard, local state administrations need to take on personal control a question of raising the minimum wage, special attention should be paid to prevent "equality" in wages, layoffs of employees, their transfer to part-time work. Raising the minimum wage may not be grounds for dismissal. However, under article 32 of the Labor code in connection with changes in the organization of production and labour is allowed to change the essential working conditions if you continue in the same specialty, qualification or job title. About changes in working conditions (and wages, benefits, working regime, establishment or abolition of part-time work, combination of professions, change of grades, and titles of posts etc) the employee must be notified no later than two months. Article 56 of the labour code provides that upon agreement between the employee and the owner or its authorized body can be established as at employment, and subsequently the incomplete working day or incomplete working week. Remuneration in these cases is made in proportion to time worked or depending on output. Also please note that to change the essential working conditions the employer can only if there are changes in the organization of production and labor. Paragraph 10 of the Resolution of Plenum of the Supreme Court of Ukraine dated 06.11.1992 No. 9 "On judicial practice of consideration of labour disputes" is defined, in particular, changes in the organization of production and labour recognized the rationalization of jobs, the introduction of new forms of work organization, including the transition to the brigade or individual form, introduction of advanced methods, technologies. This was reported in the Vinnytsia regional state administration.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
