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Theme 9. Remuneration of labour

Methodical recommendations for independent work

Studying of this theme is recommended to begin with the mastering of the legal base of remuneration of labour regulation. Specified relations are regulated by the Law of Ukraine «On remuneration of labour» from March, 24,1995 (with changes and amendments), CLL – by the chapters ІІ, VІ, VІІ, VІІІ, by Law of Ukraine «On collective contracts and agreements» from July, 1, 1993, General agreements between Cabinet of Ministers of Ukraine, Confederation of employers of Ukraine and allukrainian trade unions of Ukraine on a corresponding year, and also by other numerous legal acts, collective agreements and local regulation of certain enterprises.

Note, that listed legal acts regulate remuneration of labour only of the hired employees who work under the terms of labour agreement. These acts should not be applied to reward for work of owners and co-owners of economic companies and of their members, to the private entrepreneurs. Their reward is an income (profit) that is distributed between joint owners on the basis of regulations or foundation agreement.

According to the article 1 of The Law of Ukraine «On remuneration of labour»: a «salary or wages is a reward calculated, as a rule, monetary, which in accordance with labour agreement owner or body authorised by him pays to an employee for performed work.

A wage rate depends on complexity and conditions of work, employees’ qualification, results of his labour and economic activity of enterprise».

In accordance with art. 94 of CLL a salary should not be limited by maximal size.

The structure of salary it is better to master in such sequence:

1) base wage;

2) additional wage;

3) other payments of a compensation and stimulation character.

Base wage is a fee for performed work in accordance with the set worktime standards (rate of time, performance rate) and position obligations, id est as a tariff rate (salary), piece-rate rates for workers or post salaries for office workers.

An additional wage is a fee for labour over the set rates, for labour successes and ingenuity and for the special labour conditions. It includes additional charges, uplifts, warranty and compensative payments envisaged by a current legislation; bonuses related to implementation of productive tasks and functions.

Other payments of a compensation and stimulation character include a reward on results of annual work, bonuses according to the special systems and regulations, compensative and other cash and material payments that are not envisaged by the current legislation or which applied over the rates provided by these acts.

It is necessary to distinguish a wage from contractual payments set by civil legal agreements. Main difference is that payment according to the labour agreement: а) should be paid systematically for performed work (by civil agreement – non-permanent); б) is divided into main and additional parts (uplift, additional charges, bonuses and others like that); в) has minimal size set by the state.

It’s necessary to pay proper attention to the minimal wages. The minimum wages (the minimum amount of remuneration of labour) is the amount of monthly wages guaranteed by the law for labour of an unqualified employee, who has completely worked out working time rate while performing simple work under normal labour conditions.

A minimum wages should be set in a size that not less than minimum income level for survival for one capable to work person and it the state social guarantee that is compulsory over the whole territory of Ukraine for enterprises of all patterns of ownership. The size of minimal wages should be established by the Supreme Council of Ukraine on a submission from The Cabinet of Ministers of Ukraine as a rule, annually during the approval of a State budget of Ukraine. The size of minimum wages is revise upwards depending on the increase of prices on consumer goods and tariffs on services according to the agreement of parties of collective negotiations.

New laws, adopted in 2009 contain norms which regulate not only monthly but also hourly level of the minimal wage.

On the basis of Law students should examine the spheres of public and contractual regulation of remuneration of labour (chapters ІІ and ІІІ of The Law of Ukraine «On remuneration of labour»).

It is necessary to find out what is the organization of remuneration of labour on enterprises. Organization of remuneration of labour is a large and difficult mechanism that consists of the amount of elements. A basic element is the tariff system which is used for distribution of works depending on their complexity, and employees – depending of their qualification and according to the skill categories of tariff scale. It is basis for wage rates forming and differentiation. Students must expose the significance of the tariff system and its elements.

Further it is necessary to consider the systems of remuneration of labour: remuneration for timework, piece-rate and others (art. 97 of CLL).

According to the remuneration for timework system labour of workers is paid in accordance with flat monthly, daily or hourly tariff rates (salaries) in accordance with actually hours worked. The remuneration for timework system can be hourly, daily, monthly.

While consideration of the piece-rate system of remuneration of labour it’s necessary to know that at this system of remuneration of labour earnings are calculated for the executed amount of work, manufactured production in accordance with the piece-rate rates calculated according to the established tariff rates and performance rate or rate of time (according to the piece-rate rates in accordance with the amount of manufactured production or executed labour operations). This system is applied, as a rule, to the workers. At the piece-rate system labour of workers is paid for every unit of the executed work on piece-rate rates. A piece-rate rate is a size of payment for unit of manufactured production or for execution of certain operation of the proper quality. Students should consider the types of the piece-rate system of remuneration of labour: direct piece-rate system, progressive piece rate wage system, lump-sum piece-rate system and indirect piece-rate system.

Remuneration for timework system and piece-rate system can be complemented by the merit (bonus) pay system of remuneration of labour. This system envisages the payment of bonus over a base wage (calculated on the basis of the timework system or piece-rate system of remuneration of labour) at the achievement of the previously established performance rates.

Note that tariff rates and wage rates are rated for normal conditions of labour. Remuneration of labour in case of deviation from the normal labour conditions characterised by certain peculiarities. To such deviations belong: 1) execution of works of different qualifications (art. 104 of CLL of Ukraine); 2) combinations of professions (posts) (art. 105 of CLL of Ukraine); 3) overworks (art. 106 of CLL); 4) work non-working days (art. 107 of CLL); 5) night work (art. 108 of CLL); 6) manufacturing of defective products (art. 112 of CLL); 7) non-fulfillment of performance rates (art. 111 of CLL); 8) work in a day off (art. 72 of CLL); 9) payment of downtime, and also during mastery of new production (art. 113 of CLL of Ukraine) and in other cases prescribed by legislation.

Students must define the legal nature of guarantees and compensatory payments. For this purpose it is necessary to master terms of chapter VІІІ «Guarantees and compensations» of CLL of Ukraine, corresponding articles of the Law of Ukraine «On remuneration of labour».

Students also must learn legislative norms that aimed on guard of wages or salary, namely they must consider the norms of legislation about on-time wage payment, about prohibition of limitation of worker to dispose freely of the salary, limitation of the deductions from wages, about protection of workers’ rights in case of bankruptcy of enterprise and others.

Plan of the lecture:

  1. The concept of remuneration of labour and methods of its legal regulation. The difference between wage (salaries) and contractual payments, payments of compensation and stimulation character. The structure of wage.

  2. Legal regulation of remuneration of labour. Wage establishing and Procedure, place and terms of paying wages.

  3. Tariff system of remuneration of labour.

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