An application for transferring salaries to a card is submitted in accordance with labor law. What does it say in this regard?
Salary Form
Today, more and more enterprises are transferring payments to the non-cash sector, in particular, this affects the payment of salaries. It is produced as part of a project of cooperation with banks.
Some organizations and entrepreneurs continue to issue salaries using cash. And this form of payment is not a violation of the law.
In addition, certain activities simply do not need banking services.
It should be noted that the use of banking services is a more convenient option for both employees and enterprises. There is no need to talk about losses, because transportation and storage of cash means additional expenses.
General salary law
Art. 136 of the Labor Code of the Russian Federation regulates the procedure, place and terms of payment of wages. If money is given in cash, then it is issued at the workplace. The interval between payments should be no more than 15 days.
The payment of salaries in kind is limited by law (not more than 1/3) and on the terms of a collective or labor contract, if they comply with the law.
Before receiving a salary, employees receive a pay sheet. It reflects:
- the total amount received by the employee for the billing period (month);
- amount of deductions in the form of taxes, other deductions (for example, alimony);
- the amount of compensation for other payments prescribed by law.
This rule is not fully implemented, thus, organizations conceal violations of workers' rights. This is typical for enterprises and organizations in both the private and public sectors.
How is the card issued
An application for transferring salary to a card is submitted by an employee of the company. Typically, documents are drawn up through the company or employees visit the bank branch on their own, where they are issued cards.
You need to submit your passport, fill out a form and wait a while. Cards for which salaries are issued are registered, and their production takes a week or two, depending on the capabilities of the bank.
Although workers have the right to choose the way to receive money, employers stimulate their appeal to banking services, sometimes acting not quite legally.
Why is it profitable to receive money on a card
Filing an application for transferring salaries to a card leads to several positive aspects:
- no need to spend time waiting for the delivery of cash;
- bank card and Internet banking connection provide round-the-clock access to the account;
- the theft of the card does not mean the simultaneous loss of funds on it, blocking the account helps save money;
- money is withdrawn from an account in any branch of the bank or using an ATM;
- getting money from the bank provides access to loans.
The right to choose a bank
Why did this situation arise? Not always the bank chosen by the employer is beneficial to the employee. There are no branches, ATMs nearby. Now the employee has the opportunity to use the service and the bank, which is preferable for him.
Obtaining a debit card costs several hundred rubles. Rates depend on the bank and the list of services offered. In addition, the bank takes a small percentage for withdrawing money from the account.
To change the bank, you must submit a new application for transferring salaries to a bank card.
One nuance must be taken into account.Social or retirement cards are not suitable for salaries. Transfers will be blocked, and even the card will be canceled.
How to make a statement
The legislator gave the employee a choice, but how to implement it? First of all, a bank account is opened, for this you need a passport with a note on the registration of residence. Without it, the account is not opened and the card is not issued.
Then, having received the account details, you should go to the employer. An application for transferring salaries to a card is written in free form.
Its content is approximately as follows:
- Name of the organization;
- F. I. O. of the director or head of the unit in which the applicant works;
- a request to provide a transfer to the indicated account;
- date, information about the applicant and his signature.
Does the employer have the right to refuse the application? No, the law did not grant him such a right.
Who pays for banking services
According to the current legislation and existing traditions, the costs of using cards are borne by the employer. Workers do not pay anything out of pocket.
Not so long ago in Art. 136 of the Labor Code of the Russian Federation amended. Now the employee has the right to choose a bank to which he must transfer his salary.
Who do the expenses fall on? There is no clear answer in the law.
There are two opposing opinions: one assigns the obligation to cover the costs of opening a new account to the employee, the second to the employer.
In practice, a situation has arisen where the costs of opening a new account and the further costs associated with its use are borne by the employee.