Decree of the Government of the Russian Federation of December 24 07 922. For what period is the average salary calculated? How to calculate vacation pay if vacation is set in calendar days

the Russian Federation

Decree of the Government of the Russian Federation of December 24, 2007 N 922 "ON THE FEATURES OF THE PROCEDURE FOR CALCULATION OF THE AVERAGE WAGE"

In accordance with Article 139 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Regulations on the peculiarities of the procedure for calculating the average wage.

2. The Ministry of Health and Social Development of the Russian Federation to provide clarifications on issues related to the application of the Regulations approved by this resolution.

3. Recognize invalid the Decree of the Government of the Russian Federation of April 11, 2003 N 213 "On the peculiarities of the procedure for calculating the average wage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 16, Art. 1529).

Prime Minister
Russian Federation
V.ZUBKOV

APPROVED
Government Decree
Russian Federation
dated December 24, 2007 N 922

1. This Regulation establishes the specifics of the procedure for calculating the average wage (average earnings) for all cases of determining its size, provided for by the Labor Code of the Russian Federation (hereinafter referred to as average earnings).

2. To calculate average earnings, all types of payments provided for by the remuneration system applied by the relevant employer are taken into account, regardless of the sources of these payments. These payments include:

a) wages accrued to the employee at tariff rates, salaries (official salaries) for hours worked;

b) wages accrued to the employee for the work performed at piece rates;

c) wages accrued to the employee for the work performed as a percentage of the proceeds from the sale of products (performance of work, provision of services), or commission;

d) wages paid in non-monetary form;

e) monetary remuneration (monetary allowance) accrued for hours worked to persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, deputies, members of elected bodies of local self-government, elected officials of local self-government, members of election commissions acting on a permanent basis;

f) the monetary allowance accrued by the municipal employee for the hours worked;

g) accrued in the editorial offices of the media and art organizations the fee of employees who are on the payroll of these editorial offices and organizations, and (or) remuneration of their labor, carried out at the rates (prices) of the author's (staged) remuneration;

h) wages accrued to teachers of primary and secondary vocational education institutions for teaching hours in excess of the established and (or) reduced annual teaching load for the current academic year, regardless of the time of accrual;

i) wages finally calculated at the end of the calendar year preceding the event, determined by the wage system, regardless of the time of accrual;

j) allowances and additional payments to tariff rates, salaries (official salaries) for professional skills, class, length of service (work experience), academic degree, academic title, knowledge of a foreign language, work with information constituting a state secret, combination of professions (positions) , expansion of service areas, increase in the volume of work performed, team management and others;

k) payments related to working conditions, including payments due to regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, for work at night, payment for work on weekends and non-working holidays, payment for overtime work;

l) remuneration for the performance of the functions of a class teacher to pedagogical workers of state and municipal educational institutions;

m) bonuses and remuneration provided for by the wage system;

o) other types of wage payments applied by the relevant employer.

3. To calculate the average earnings, social payments and other payments not related to wages (material assistance, payment of the cost of food, travel, education, utilities, recreation, and others) are not taken into account.

4. Calculation of the average earnings of an employee, regardless of the mode of his work, is based on the wages actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains the average wage. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

The average daily earnings for vacation pay and compensation for unused vacation are calculated for the last 12 calendar months.

5. When calculating average earnings, time is excluded from the billing period, as well as amounts accrued during this time, if:

a) the employee retained the average salary in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the labor legislation of the Russian Federation;

b) the employee received temporary disability benefits or maternity benefits;

c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;

d) the employee did not participate in the strike, but due to this strike he was unable to perform his work;

e) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;

f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

6. If the employee did not have actually accrued wages or actually worked days for the billing period or for a period exceeding the billing period, or if this period consisted of time excluded from the billing period in accordance with clause 5 of this Regulation, the average earnings are determined based on from the amount of wages actually accrued for the previous period, equal to the estimated one.

7. If the employee did not have actually accrued wages or actually worked days for the billing period and before the start of the billing period, the average earnings are determined based on the amount of wages actually accrued for the days actually worked by the employee in the month of the occurrence of the event with which the saving is associated average earnings.

8. If the employee did not have actually accrued wages or actually worked days for the billing period, before the start of the billing period and before the occurrence of an event with which the preservation of average earnings is associated, the average earnings are determined based on the tariff rate established for him, salary (official salary ).

9. When determining the average earnings, the average daily earnings are used in the following cases:

to pay vacations and pay compensation for unused vacations;

for other cases provided for by the Labor Code of the Russian Federation, except for the case of determining the average earnings of employees who have a summarized record of working time.

The average earnings of an employee is determined by multiplying the average daily earnings by the number of days (calendar, working) in the period payable.

The average daily earnings, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, is calculated by dividing the amount of wages actually accrued for the days worked in the billing period, including bonuses and remuneration, taken into account in accordance with paragraph 15 of this Regulation, by the number of days actually worked during this period.

10. The average daily earnings for the payment of vacations provided in calendar days and the payment of compensation for unused vacations is calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.4).

If one or several months of the billing period were not fully worked out or time was excluded from it in accordance with paragraph 5 of this Regulation, the average daily earnings are calculated by dividing the amount of actually accrued wages for the billing period by the sum of the average monthly number of calendar days (29.4) , multiplied by the number of full calendar months, and the number of calendar days in incomplete calendar months.

The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of that month and multiplying by the number of calendar days falling on the time worked in that month.

11. The average daily earnings for paying for vacations provided in working days, as well as for paying compensation for unused vacations, is calculated by dividing the amount of actually accrued wages by the number of working days according to the 6-day working week calendar.

12. When working on a part-time basis (part-time work week, part-time work day), the average daily earnings for vacation pay and compensation for unused vacations are calculated in accordance with paragraphs 10 and 11 of these Regulations.

13. When determining the average earnings of an employee who has a summarized record of working time, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, the average hourly earnings are used.

The average hourly earnings are calculated by dividing the amount of wages actually accrued for the hours worked in the billing period, including bonuses and remuneration, taken into account in accordance with clause 15 of these Regulations, by the number of hours actually worked during this period.

Average earnings are determined by multiplying the average hourly earnings by the number of hours worked on the employee's schedule in the payable period.

14. When determining the average earnings for paying for additional study holidays, all calendar days (including non-working holidays) falling within the period of such holidays provided in accordance with the call certificate of the educational institution are subject to payment.

15. When determining the average earnings, bonuses and remuneration are taken into account in the following order:

monthly bonuses and remuneration - actually accrued in the billing period, but not more than one payment for each indicator for each month of the billing period;

bonuses and remuneration for a period of work exceeding one month - actually accrued in the billing period for each indicator, if the duration of the period for which they were accrued does not exceed the duration of the billing period, and in the amount of a monthly part for each month of the billing period, if the duration of the period for which they are accrued exceeds the duration of the billing period;

remuneration based on the results of work for the year, a one-time remuneration for the length of service (length of service), other remuneration based on the results of work for the year accrued for the calendar year preceding the event - regardless of the time of accrual of remuneration.

If the time that falls on the billing period is not fully worked out or time is excluded from it in accordance with paragraph 5 of these Regulations, bonuses and remuneration are taken into account when determining the average earnings in proportion to the time worked in the billing period, with the exception of bonuses accrued for actually worked time in the billing period (monthly, quarterly, etc.).

If the employee worked part-time for which bonuses and remuneration are accrued, and they were accrued in proportion to the hours worked, they are taken into account when determining the average earnings based on the amounts actually accrued in the manner established by this paragraph.

16. With an increase in the organization (branch, structural unit) of tariff rates, salaries (official salaries), monetary remuneration, the average earnings of employees increase in the following order:

if the increase occurred during the billing period, the payments taken into account when determining the average earnings and accrued in the billing period for the period preceding the increase are increased by coefficients that are calculated by dividing the tariff rate, salary (official salary), monetary remuneration established in the month of occurrence the case with which the preservation of average earnings is associated, on tariff rates, salaries (official salaries), monetary remuneration established in each of the months of the billing period;

if the increase occurred after the billing period before the occurrence of the event, which is associated with the preservation of average earnings, the average earnings calculated for the billing period are increased;

if the increase occurred during the period of maintaining the average earnings, a part of the average earnings is increased from the date of the increase in the tariff rate, salary (official salary), monetary remuneration until the end of the specified period.

When raising average earnings, tariff rates, salaries (official salaries), monetary remuneration and payments established to tariff rates, salaries (official salaries), monetary remuneration in a fixed amount (interest, multiplicity) are taken into account, with the exception of payments established to tariff rates, salaries (official salaries), monetary remuneration in the range of values ​​(percentage, multiplicity).

With an increase in average earnings, payments taken into account when determining average earnings, established in absolute amounts, do not increase.

17. The average earnings determined to pay for the time of forced absenteeism are subject to increase by a coefficient calculated by dividing the tariff rate, salary (official salary), monetary remuneration established for the employee from the date of the actual start of work after his restoration to his previous job, by the tariff rate, salary (official salary), monetary remuneration established in the billing period, if during the time of forced absenteeism in the organization (branch, structural unit) tariff rates, salaries (official salaries), monetary remuneration increased.

At the same time, in respect of payments established in a fixed amount and in an absolute amount, the procedure established by paragraph 16 of these Regulations applies.

18. In all cases, the average monthly earnings of an employee who has fully worked out the norm of working hours in the billing period and fulfilled labor norms (labor duties) cannot be less than the minimum wage established by federal law.

19. For persons working on a part-time basis, the average earnings are determined in the manner prescribed by this Regulation.

GOVERNMENT OF THE RUSSIAN FEDERATION


AVERAGE WAGE

In accordance with Article 139 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on the peculiarities of the procedure for calculating the average wage.
2. To provide explanations to the Ministry of Health and Social Development of the Russian Federation on issues related to the application of the Regulations approved by this Resolution.
3. Recognize as invalid Decree of the Government of the Russian Federation of April 11, 2003 N 213 "On the peculiarities of the procedure for calculating the average wage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 16, Art. 1529).

Prime Minister
Russian Federation
V.ZUBKOV

Approved
Government Decree
Russian Federation
dated December 24, 2007 N 922

POSITION
ON THE FEATURES OF THE ORDER OF CALCULATION
AVERAGE WAGE

1. This Regulation establishes the specifics of the procedure for calculating the average wage (average earnings) for all cases of determining its size, provided for by the Labor Code of the Russian Federation (hereinafter referred to as average earnings).
2. To calculate average earnings, all types of payments provided for by the remuneration system applied by the relevant employer are taken into account, regardless of the sources of these payments. These payments include:
a) wages accrued to the employee at tariff rates, salaries (official salaries) for hours worked;
b) wages accrued to the employee for the work performed at piece rates;
c) wages accrued to the employee for the work performed as a percentage of the proceeds from the sale of products (performance of work, provision of services), or commission;
d) wages paid in non-monetary form;
e) monetary remuneration (monetary allowance) accrued for hours worked to persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, deputies, members of elected bodies of local self-government, elected officials of local self-government, members of election commissions acting on a permanent basis;
f) the monetary allowance accrued by the municipal employee for the hours worked;
g) accrued in the editorial offices of the media and art organizations the fee of employees who are on the payroll of these editorial offices and organizations, and (or) remuneration of their labor, carried out at the rates (prices) of the author's (staged) remuneration;
h) wages accrued to teachers of primary and secondary vocational education institutions for teaching hours in excess of the established and (or) reduced annual teaching load for the current academic year, regardless of the time of accrual;
i) wages finally calculated at the end of the calendar year preceding the event, determined by the wage system, regardless of the time of accrual;
j) allowances and additional payments to tariff rates, salaries (official salaries) for professional skills, class, length of service (work experience), academic degree, academic title, knowledge of a foreign language, work with information constituting a state secret, combination of professions (positions) , expansion of service areas, increase in the volume of work performed, team management and others;
k) payments related to working conditions, including payments due to regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, for work at night, payment for work on weekends and non-working holidays, payment for overtime work;
l) remuneration for the performance of the functions of a class teacher to pedagogical workers of state and municipal educational institutions;
m) bonuses and remuneration provided for by the wage system;
o) other types of wage payments applied by the relevant employer.
3. To calculate the average earnings, social payments and other payments not related to wages (material assistance, payment of the cost of food, travel, education, utilities, recreation, and others) are not taken into account.
4. The calculation of the average earnings of an employee, regardless of the mode of his work, is based on the wages actually accrued to him and the time actually worked by him for the 12 calendar months preceding the period during which the employee retains the average wage. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).
The average daily earnings for vacation pay and compensation for unused vacation are calculated for the last 12 calendar months.
5. When calculating average earnings, time is excluded from the billing period, as well as amounts accrued during this time, if:
a) the employee retained the average salary in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the labor legislation of the Russian Federation;
b) the employee received temporary disability benefits or maternity benefits;
c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;
d) the employee did not participate in the strike, but due to this strike he was unable to perform his work;
e) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;
f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.
6. If the employee did not have actually accrued wages or actually worked days for the billing period or for a period exceeding the billing period, or if this period consisted of time excluded from the billing period in accordance with clause 5 of this Regulation, the average earnings are determined based on from the amount of wages actually accrued for the previous period, equal to the estimated one.
7. If the employee did not have actually accrued wages or actually worked days for the billing period and before the start of the billing period, the average earnings are determined based on the amount of wages actually accrued for the days actually worked by the employee in the month of the occurrence of the event with which the saving is associated average earnings.
8. If the employee did not have actually accrued wages or actually worked days for the billing period, before the start of the billing period and before the occurrence of an event with which the preservation of average earnings is associated, the average earnings are determined based on the tariff rate established for him, salary (official salary ).
9. When determining the average earnings, the average daily earnings are used in the following cases:
to pay vacations and pay compensation for unused vacations;
for other cases provided for by the Labor Code of the Russian Federation, except for the case of determining the average earnings of employees who have a summarized record of working time.
The average earnings of an employee is determined by multiplying the average daily earnings by the number of days (calendar, working) in the period payable.
The average daily earnings, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, is calculated by dividing the amount of wages actually accrued for the days worked in the billing period, including bonuses and remuneration, taken into account in accordance with paragraph 15 of this Regulation, by the number of days actually worked during this period.
10. The average daily earnings for the payment of vacations provided in calendar days and the payment of compensation for unused vacations is calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.4).
If one or several months of the billing period were not fully worked out or time was excluded from it in accordance with paragraph 5 of this Regulation, the average daily earnings are calculated by dividing the amount of actually accrued wages for the billing period by the sum of the average monthly number of calendar days (29.4) , multiplied by the number of full calendar months, and the number of calendar days in incomplete calendar months.
The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of that month and multiplying by the number of calendar days falling on the time worked in that month.
11. The average daily earnings for paying for vacations provided in working days, as well as for paying compensation for unused vacations, is calculated by dividing the amount of actually accrued wages by the number of working days according to the 6-day working week calendar.
12. When working on a part-time basis (part-time work week, part-time work day), the average daily earnings for vacation pay and compensation for unused vacations are calculated in accordance with paragraphs 10 and 11 of these Regulations.
13. When determining the average earnings of an employee who has a summarized record of working time, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, the average hourly earnings are used.
The average hourly earnings are calculated by dividing the amount of wages actually accrued for the hours worked in the billing period, including bonuses and remuneration, taken into account in accordance with clause 15 of these Regulations, by the number of hours actually worked during this period.
Average earnings are determined by multiplying the average hourly earnings by the number of hours worked on the employee's schedule in the payable period.
14. When determining the average earnings for paying for additional study holidays, all calendar days (including non-working holidays) falling within the period of such holidays provided in accordance with the call certificate of the educational institution are subject to payment.
15. When determining the average earnings, bonuses and remuneration are taken into account in the following order:
monthly bonuses and remuneration - actually accrued in the billing period, but not more than one payment for each indicator for each month of the billing period;
bonuses and remuneration for a period of work exceeding one month - actually accrued in the billing period for each indicator, if the duration of the period for which they were accrued does not exceed the duration of the billing period, and in the amount of a monthly part for each month of the billing period, if the duration of the period for which they are accrued exceeds the duration of the billing period;
remuneration based on the results of work for the year, a one-time remuneration for the length of service (work experience), other remuneration based on the results of work for the year, accrued for the calendar year preceding the event, regardless of the time of accrual of remuneration.
If the time that falls on the billing period is not fully worked out or time is excluded from it in accordance with paragraph 5 of these Regulations, bonuses and remuneration are taken into account when determining the average earnings in proportion to the time worked in the billing period, with the exception of bonuses accrued for actually worked time in the billing period (monthly, quarterly, etc.).
If the employee worked part-time for which bonuses and remuneration are accrued, and they were accrued in proportion to the hours worked, they are taken into account when determining the average earnings based on the amounts actually accrued in the manner established by this paragraph.
16. With an increase in the organization (branch, structural unit) of tariff rates, salaries (official salaries), monetary remuneration, the average earnings of employees increase in the following order:
if the increase occurred during the billing period, the payments taken into account when determining the average earnings and accrued in the billing period for the period preceding the increase are increased by coefficients that are calculated by dividing the tariff rate, salary (official salary), monetary remuneration established in the month of occurrence the case with which the preservation of average earnings is associated, on tariff rates, salaries (official salaries), monetary remuneration established in each of the months of the billing period;
if the increase occurred after the billing period before the occurrence of the event, which is associated with the preservation of average earnings, the average earnings calculated for the billing period are increased;
if the increase occurred during the period of maintaining average earnings, a part of the average earnings is increased from the date of the increase in the tariff rate, salary (official salary), monetary remuneration until the end of the specified period.
When raising average earnings, tariff rates, salaries (official salaries), monetary remuneration and payments established to tariff rates, salaries (official salaries), monetary remuneration in a fixed amount (interest, multiplicity) are taken into account, with the exception of payments established to tariff rates, salaries (official salaries), monetary remuneration in the range of values ​​(percentage, multiplicity).
With an increase in average earnings, payments taken into account when determining average earnings, established in absolute amounts, do not increase.
17. The average earnings determined to pay for the time of forced absenteeism are subject to increase by a coefficient calculated by dividing the tariff rate, salary (official salary), monetary remuneration established for the employee from the date of the actual start of work after his restoration to his previous job, by the tariff rate, salary (official salary), monetary remuneration established in the billing period, if during the time of forced absenteeism in the organization (branch, structural unit) tariff rates, salaries (official salaries), monetary remuneration increased.
At the same time, in respect of payments established in a fixed amount and in an absolute amount, the procedure established by paragraph 16 of these Regulations applies.
18. In all cases, the average monthly earnings of an employee who has fully worked out the norm of working hours in the billing period and fulfilled labor norms (labor duties) cannot be less than the minimum wage established by federal law.
19. For persons working on a part-time basis, the average earnings are determined in the manner prescribed by this Regulation.

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT THE APPROVAL OF THE RULES




CHILD(CHILDREN) COSTS

In accordance with Article 11 of the Federal Law "On Additional Measures of State Support for Families with Children", the Government of the Russian Federation decides:

Approve the attached Rules for the allocation of funds (part of the funds) of maternity (family) capital for the education of the child (children) and the implementation of other expenses related to the education of the child (children).

Prime Minister
Russian Federation
V.ZUBKOV

Approved
Government Decree
Russian Federation
dated December 24, 2007 N 926

REGULATIONS
DIRECTIONS OF FUNDS (PARTS OF FUNDS)
MATERNITY (FAMILY) CAPITAL TO RECEIVE
CHILD(S) EDUCATION AND IMPLEMENTATION
OTHER EDUCATION RELATED
CHILD(CHILDREN) COSTS

1. These Rules establish the procedure and terms for directing funds (part of the funds) of maternity (family) capital (hereinafter referred to as funds) for education by a child (children) in any educational institution on the territory of the Russian Federation that has the right to provide appropriate educational services (hereinafter referred to as educational institution), as well as other expenses related to the education of the child (children) and determine the procedure for submitting the documents necessary to allocate funds for these purposes.

(as amended by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

2. Funds can be used to pay for paid educational services provided by educational institutions.

3. The disposal of funds allocated for the education of a child (children) in an educational institution is carried out by a person who has received in the prescribed manner a state certificate for maternity (family) capital (hereinafter referred to as the certificate), by submitting an application for disposal to the territorial body of the Pension Fund of the Russian Federation means.

Persons who have received a certificate, have left for a permanent place of residence outside the territory of the Russian Federation and do not have a place of residence and a place of stay confirmed by registration on the territory of the Russian Federation, submit an application for the disposal of funds directly to the Pension Fund of the Russian Federation.

4. The funds are used to pay for the paid educational services provided by educational institutions by the territorial body of the Pension Fund of the Russian Federation in accordance with the contract for the provision of paid educational services concluded between the person who received the certificate and the educational institution, by non-cash transfer to the accounts (personal accounts) of educational institutions specified in the contract for the provision of paid educational services.

5. When sending funds to pay for paid educational services provided by an educational institution, copies of the following documents certified by the specified educational institution shall be attached to the application for disposal of funds:

a) an agreement for the provision of paid educational services;

b) a license for the right to carry out educational activities issued to an educational institution;

c) certificate of state accreditation of a non-state educational institution (with the exception of a preschool educational institution, an educational institution of additional education for children).

6. Funds can be used to pay for accommodation in a hostel provided by an educational institution to students from other cities for the period of study.

7. When sending funds to pay for accommodation in a hostel, the following documents are attached to the application for disposal of funds:

a) a contract for renting a dwelling in a dormitory (indicating the amount and terms for paying the fee);

b) a certificate from an educational institution confirming the fact that the child (children) lives in the hostel.

8. Funds are directed to pay for accommodation in a hostel by the territorial body of the Pension Fund of the Russian Federation in accordance with the contract for renting residential premises in a hostel by non-cash transfer to the accounts (personal accounts) of educational institutions specified in the contract for renting residential premises in a hostel.

8(1). The funds are directed to pay for the maintenance of the child in an educational institution that implements the main general educational program of preschool education and (or) the main educational programs of primary general, basic general and secondary (complete) general education.

(clause 8(1) was introduced by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

8(2). When sending funds to pay for the maintenance of a child in an educational institution that implements the main general educational program of preschool education and (or) the main educational programs of primary general, basic general and secondary (complete) general education, an agreement between the educational institution and the person, who received a certificate, which includes the obligations of the institution to support the child in an educational institution and the calculation of the amount of payment for the maintenance of a child in an educational institution.

(clause 8(2) was introduced by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

8(3). The funds are directed to pay for the maintenance of the child in an educational institution that implements the main general educational program of preschool education and (or) the main educational programs of primary general, basic general and secondary (complete) general education, by the territorial body of the Pension Fund of the Russian Federation in accordance with the agreement between the educational institution and by a person who has received a certificate, which includes the institution's obligations to maintain a child in an educational institution and the calculation of the amount of payment for the maintenance of a child in an educational institution, by non-cash transfer of these funds to the accounts (personal accounts) of this institution specified in the agreement between the educational institution and the person, received a certificate.

(Clause 8(3) was introduced by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

9. Funds are sent by the territorial body of the Pension Fund of the Russian Federation (Pension Fund of the Russian Federation) for the relevant periods of study (residence), as well as the maintenance of the child in an educational institution that implements the main general educational program of preschool education and (or) the main educational programs of primary general, basic general and secondary (complete) general education. In this case, the first payment is made no later than 2 months from the date of acceptance of the application for the disposal of funds, and subsequent payments - in accordance with the terms specified in the contract for the provision of paid educational services, and (or) the contract for renting residential premises in a hostel, and ( or) an agreement between the educational institution and the person who received the certificate, which includes the obligations of the institution to support the child in the educational institution and the calculation of the amount of the fee for the maintenance of the child in the educational institution.

In the event that changes are made to the contract for the provision of paid educational services, and (or) the contract for renting housing in a hostel, and (or) the contract between the educational institution and the person who received the certificate, which includes the calculation of the amount of the fee for the maintenance of the child in the educational institution, changes concerning the amount of payment and the timing of the transfer of funds, the person who received the certificate has the right to apply to the territorial body of the Pension Fund of the Russian Federation with an application to clarify the amount and (or) the timing of the transfer of funds to pay for the paid educational services provided by the educational institution, and (or) to pay residence of a child (children) in a hostel, and (or) to pay for the maintenance of a child (children) in an educational institution, to which an additional agreement is attached to the relevant contract. On the basis of the decision taken on the said application, the territorial body of the Pension Fund of the Russian Federation transfers funds. In this case, the first payment is made no later than 2 months from the date of acceptance of the application for the disposal of funds, and subsequent payments - in accordance with the terms specified in the supplementary agreement to the relevant agreement.

(clause 9 as amended by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

10. Has expired. - Decree of the Government of the Russian Federation of November 14, 2011 N 931.

11. The transfer by the territorial body of the Pension Fund of the Russian Federation of funds allocated for education by the child (children) to the account (personal account) of the educational institution is suspended in connection with the provision of academic leave to the student. A person who has received a certificate has the right to send to the territorial body of the Pension Fund of the Russian Federation an application for refusal to send funds for education by a child (children) (hereinafter referred to as an application for refusal to send funds) with a copy of the order to grant the student an academic leave, certified by an educational institution .

The resumption of the transfer by the territorial body of the Pension Fund of the Russian Federation of funds allocated for the education of a child (children) is carried out on the basis of an application for the disposal of funds, to which is attached a copy of the order for admission of the student to the educational process, without submitting the documents specified in paragraph 5 of these Rules.

12. In the event of termination of the child (children) receiving educational services before the expiration of the contract for the provision of paid educational services in connection with expulsion from an educational institution, including voluntarily or in case of poor progress, as well as in connection with the death of a child (children ) (by declaring him (them) dead (recognised as missing)), the person who received the certificate is obliged to notify the territorial body of the Pension Fund of the Russian Federation by sending an application for refusal to send funds (indicating the reason for the refusal), to which is attached a document (its certified a copy) of expulsion from an educational institution or a death certificate of the child (children) (court decision to declare him (them) dead (recognized as missing)).

(as amended by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

On the basis of an application for refusal to send funds, the transfer by the territorial body of the Pension Fund of the Russian Federation of funds to the account (personal account) of an educational institution is terminated within 5 working days from the date of filing an application for refusal to send funds.

(as amended by Decree of the Government of the Russian Federation of November 14, 2011 N 931)

13. In the event of termination of the child (children) receiving educational services for the reasons specified in paragraph 12 of these Rules, or in the event of termination of the rental agreement for housing and (or) the agreement between the educational institution and the person who received the certificate, if the amount of funds transferred to the account of the educational institution in accordance with the contract for the provision of paid educational services, and (or) the contract for renting residential premises in the hostel, and (or) the contract between the educational institution and the person who received the certificate, exceeds the amount of actual expenses for these purposes, unused funds are subject to return educational institution to the territorial body of the Pension Fund of the Russian Federation.

In accordance with Article 139 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Regulations on the peculiarities of the procedure for calculating the average wage.

2. To provide explanations to the Ministry of Health and Social Development of the Russian Federation on issues related to the application of the Regulations approved by this Resolution.

3. Recognize as invalid Decree of the Government of the Russian Federation of April 11, 2003 N 213 "On the peculiarities of the procedure for calculating the average wage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 16, Art. 1529).

Chairman of the Government of the Russian Federation V.ZUBKOV

Regulations on the peculiarities of the procedure for calculating the average wage

1. This Regulation establishes the specifics of the procedure for calculating the average wage (average earnings) for all cases of determining its size, provided for by the Labor Code of the Russian Federation (hereinafter referred to as average earnings).

2. To calculate average earnings, all types of payments provided for by the remuneration system applied by the relevant employer are taken into account, regardless of the sources of these payments. These payments include:

a) wages accrued to the employee at tariff rates, salaries (official salaries) for hours worked;

b) wages accrued to the employee for the work performed at piece rates;

c) wages accrued to the employee for the work performed as a percentage of the proceeds from the sale of products (performance of work, provision of services), or commission;

d) wages paid in non-monetary form;

e) monetary remuneration (monetary allowance) accrued for hours worked to persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, deputies, members of elected bodies of local self-government, elected officials of local self-government, members of election commissions acting on a permanent basis;

f) the monetary allowance accrued by the municipal employee for the hours worked;

g) accrued in the editorial offices of the media and art organizations the fee of employees who are on the payroll of these editorial offices and organizations, and (or) remuneration of their labor, carried out at the rates (prices) of the author's (staged) remuneration;

h) wages accrued to teachers of primary and secondary vocational education institutions for teaching hours in excess of the established and (or) reduced annual teaching load for the current academic year, regardless of the time of accrual;

i) wages finally calculated at the end of the calendar year preceding the event, determined by the wage system, regardless of the time of accrual;

j) allowances and additional payments to tariff rates, salaries (official salaries) for professional skills, class, length of service (work experience), academic degree, academic title, knowledge of a foreign language, work with information constituting a state secret, combination of professions (positions) , expansion of service areas, increase in the volume of work performed, team management and others;

k) payments related to working conditions, including payments due to regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, for work at night, payment for work on weekends and non-working holidays, payment for overtime work;

l) remuneration for the performance of the functions of a class teacher to pedagogical workers of state and municipal educational institutions;

m) bonuses and remuneration provided for by the wage system;

o) other types of wage payments applied by the relevant employer.

3. To calculate the average earnings, social payments and other payments not related to wages (material assistance, payment of the cost of food, travel, education, utilities, recreation, and others) are not taken into account.

4. Calculation of the average earnings of an employee, regardless of the mode of his work, is based on the wages actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains the average wage. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

The average daily earnings for vacation pay and compensation for unused vacation are calculated for the last 12 calendar months.

5. When calculating average earnings, time is excluded from the billing period, as well as amounts accrued during this time, if:

a) the employee retained the average salary in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the labor legislation of the Russian Federation;

b) the employee received temporary disability benefits or maternity benefits;

c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;

d) the employee did not participate in the strike, but due to this strike he was unable to perform his work;

e) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;

f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

6. If the employee did not have actually accrued wages or actually worked days for the billing period or for a period exceeding the billing period, or if this period consisted of time excluded from the billing period in accordance with clause 5 of this Regulation, the average earnings are determined based on from the amount of wages actually accrued for the previous period, equal to the estimated one.

7. If the employee did not have actually accrued wages or actually worked days for the billing period and before the start of the billing period, the average earnings are determined based on the amount of wages actually accrued for the days actually worked by the employee in the month of the occurrence of the event with which the saving is associated average earnings.

8. If the employee did not have actually accrued wages or actually worked days for the billing period, before the start of the billing period and before the occurrence of an event with which the preservation of average earnings is associated, the average earnings are determined based on the tariff rate established for him, salary (official salary ).

9. When determining the average earnings, the average daily earnings are used in the following cases:

to pay vacations and pay compensation for unused vacations; for other cases provided for by the Labor Code of the Russian Federation, except for the case of determining the average earnings of employees who have a summarized record of working time.

The average earnings of an employee is determined by multiplying the average daily earnings by the number of days (calendar, working) in the period payable.

The average daily earnings, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, is calculated by dividing the amount of wages actually accrued for the days worked in the billing period, including bonuses and remuneration, taken into account in accordance with paragraph 15 of this Regulation, by the number of days actually worked during this period.

10. The average daily earnings for the payment of vacations provided in calendar days and the payment of compensation for unused vacations is calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.4). If one or several months of the billing period were not fully worked out or time was excluded from it in accordance with paragraph 5 of this Regulation, the average daily earnings are calculated by dividing the amount of actually accrued wages for the billing period by the sum of the average monthly number of calendar days (29.4) , multiplied by the number of full calendar months, and the number of calendar days in incomplete calendar months.

The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of that month and multiplying by the number of calendar days falling on the time worked in that month.

11. The average daily earnings for paying for vacations provided in working days, as well as for paying compensation for unused vacations, is calculated by dividing the amount of actually accrued wages by the number of working days according to the 6-day working week calendar.

12. When working on a part-time basis (part-time work week, part-time work day), the average daily earnings for vacation pay and compensation for unused vacations are calculated in accordance with paragraphs 10 and 11 of these Regulations.

13. When determining the average earnings of an employee who has a summarized record of working time, except for the cases of determining the average earnings for paying holidays and paying compensation for unused holidays, the average hourly earnings are used.

The average hourly earnings are calculated by dividing the amount of wages actually accrued for the hours worked in the billing period, including bonuses and remuneration, taken into account in accordance with clause 15 of these Regulations, by the number of hours actually worked during this period.

Average earnings are determined by multiplying the average hourly earnings by the number of hours worked on the employee's schedule in the payable period.

14. When determining the average earnings for paying for additional study holidays, all calendar days (including non-working holidays) falling within the period of such holidays provided in accordance with the call certificate of the educational institution are subject to payment.

15. When determining the average earnings, bonuses and remuneration are taken into account in the following order:

monthly bonuses and remuneration - actually accrued in the billing period, but not more than one payment for each indicator for each month of the billing period;

bonuses and remuneration for a period of work exceeding one month - actually accrued in the billing period for each indicator, if the duration of the period for which they were accrued does not exceed the duration of the billing period, and in the amount of a monthly part for each month of the billing period, if the duration of the period for which they are accrued exceeds the duration of the billing period;

remuneration based on the results of work for the year, a one-time remuneration for the length of service (length of service), other remuneration based on the results of work for the year accrued for the calendar year preceding the event - regardless of the time of accrual of remuneration.

If the time that falls on the billing period is not fully worked out or time is excluded from it in accordance with paragraph 5 of these Regulations, bonuses and remuneration are taken into account when determining the average earnings in proportion to the time worked in the billing period, with the exception of bonuses accrued for actually worked time in the billing period (monthly, quarterly, etc.).

If the employee worked part-time for which bonuses and remuneration are accrued, and they were accrued in proportion to the hours worked, they are taken into account when determining the average earnings based on the amounts actually accrued in the manner established by this paragraph.

16. With an increase in the organization (branch, structural unit) of tariff rates, salaries (official salaries), monetary remuneration, the average earnings of employees increase in the following order:

if the increase occurred during the billing period, the payments taken into account when determining the average earnings and accrued in the billing period for the period preceding the increase are increased by coefficients that are calculated by dividing the tariff rate, salary (official salary), monetary remuneration established in the month of occurrence the case with which the preservation of average earnings is associated, on tariff rates, salaries (official salaries), monetary remuneration established in each of the months of the billing period;

if the increase occurred after the billing period before the occurrence of the event, which is associated with the preservation of average earnings, the average earnings calculated for the billing period are increased;

if the increase occurred during the period of maintaining the average earnings, a part of the average earnings is increased from the date of the increase in the tariff rate, salary (official salary), monetary remuneration until the end of the specified period.

When raising average earnings, tariff rates, salaries (official salaries), monetary remuneration and payments established to tariff rates, salaries (official salaries), monetary remuneration in a fixed amount (interest, multiplicity) are taken into account, with the exception of payments established to tariff rates, salaries (official salaries), monetary remuneration in the range of values ​​(percentage, multiplicity).

With an increase in average earnings, payments taken into account when determining average earnings, established in absolute amounts, do not increase. 17. The average earnings determined to pay for the time of forced absenteeism are subject to increase by a coefficient calculated by dividing the tariff rate, salary (official salary), monetary remuneration established for the employee from the date of the actual start of work after his restoration to his previous job, by the tariff rate, salary (official salary), monetary remuneration established in the billing period, if during the time of forced absenteeism in the organization (branch, structural unit) tariff rates, salaries (official salaries), monetary remuneration increased.

At the same time, in respect of payments established in a fixed amount and in an absolute amount, the procedure established by paragraph 16 of these Regulations applies.

18. In all cases, the average monthly earnings of an employee who has fully worked out the norm of working hours in the billing period and fulfilled labor norms (labor duties) cannot be less than the minimum wage established by federal law.

19. For persons working on a part-time basis, the average earnings are determined in the manner prescribed by this Regulation.



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