Некоторые проблемы правового регулирования заработной платы в Российской Федерации

Abstract

The article covers the problems of legal regulation of wages. The authors analyze difficulties in the implementation of certain provisions of the Labour Code, dealing with the basic state guarantees in labor remuneration. In particular, the authors pay attention to the problem of raising of the minimum rate of labour payment to the subsistence level in the Russian Federation. Nowadays this rule of the Labour Code is not operating. Authors analyze the approach of the Russian Ministry of Labour to solving this problem. Special attention is paid to the establishment of the payroll schedule, because the Labour Code, determining the abovementioned schedule, does not set specific dates, proposing to resolve this issue in local regulations or in an individual employment contract. In addition, the authors present the analysis of the issues associated with limitation of deductions from the employee´s salary by the employer, as well as the complexity of the interpretation of the term “calculation error” in the presence of which Part. 4 Art. 137 of the Labour Code allows for pay deduction or recovering of overpayments from an employee. At present, the Labour Code, using that term does not disclose its contents. Therefore, in practice, it is interpreted in different ways.