Is it possible to transfer salaries to another bank. What to do if the accounting department does not want to transfer the salary to your card in another bank, or give it to you? How is the application compiled

03.12.2019

In this article we will learn how to pay wages in cash and what are the procedures for this for IP and LLC. We will also consider the employer's refusal to pay wages in cash, analyze typical mistakes and answer the most common questions.

The procedure and timing of payment of wages

According to the law, only the employee’s salary is indicated in the labor contract, and all other conditions of his working relationship with the employer, namely, methods of payment of funds, advance payments, coefficients, are determined by the provisions of collective agreements, supplementary agreements or staffing points. At the same time, internal corporate documents do not contradict federal and regional laws, otherwise they will be declared invalid.

When making the final payment, the employees will certainly receive a pay sheet(no later than the date of receipt of payment), which reflects the components of wages (this may be bonuses, allowances, salaries, compensations and other payments), information about deductions (tax payments, penalties for violations of discipline), tax-free funds, amounts of advances paid and planned to issue money.

If the day the workers receive the final payroll calculation falls on a holiday or a day off, the money must be paid in advance.

When an employee leaves the workplace in connection with the onset of annual leave, he receives a vacation allowance, and 3 days before the rest - a pay sheet. Ways of receiving wages are specified in the text of internal corporate acts. In case of disagreement of the employee with the payment by the indicated method, he is entitled to leave a statement to the company accountant with a request to give him money according to another scheme. Salary can be paid:

in cash;
to the bank card;
to a bank card of your choice;
to the current account;
partially on one, partially on another card (when, for example, an employee automatically deducts funds from one bank card to account for any debt);
to the account of third parties (in this case, insurance deductions and payments in respect of a future pension go to the employee of the enterprise, and not to the person who receives his salary by proxy);
in the form of an interest-free loan or a loan several months in advance;
several months in advance under the guarantee that the employee will work this time;
in kind, while the rule of issuing payment twice a month also works, and deductions to the funds are paid based on the value of the products received on account of the salary.

Salary is issued as follows:

the accounting officer studies the received documents related to the calculation of salaries to employees (time sheet, memos, confirmation of a legitimate absence on some days);
the accountant calculates the size of the salary, the size of the allowance, calculates the amount of deductions;
data on the amount of payment to each employee goes to the employee of the company responsible for the movement of money, he sends an order of funds to the cashier of the company or writes an order to the banking institution to transfer the required amount;
on the day the advance payment is issued (fixed or depending on the number of worked shifts), the amount is issued by the employee using one of the above methods for signing;
on the date of payment of wages, workers receive the amount remaining to be paid, and the accountant makes contributions to funds and the Federal Tax Service;
the employee is issued a pay slip.

Can I get paid in cash?

According to labor law, employees of enterprises have the right to receive money to pay for their labor according to any scheme convenient for them, including cash. The employer does not have the right to refuse this and force him to receive wages “on an equal basis with everyone” or according to the requirements of internal corporate regulations.

The Labor Code says that employees usually receive wages at the place where they perform their duties or are transferred to a banking institution upon application of the employee according to the rules prescribed in the labor contract or collective agreement. According to the Constitutional Court of Russia, this means that the interests of both the employer and the employee must be respected with respect to the choice of the method of paying salaries. The employee should not have any obstacles to receiving money.

The choice of the method of paying salaries is reserved for the employee of the company.

Cash payroll

Paying employees in cash is the most time-consuming type of payment. More or less large companies do not practice this method, since it seems inconvenient for them, and even involves new costs. Costs arise at the stage of transferring money from a banking institution, storing it at the enterprise, and recounting amounts by the settlement department.

As for small and medium-sized businesses, cash payments are made quite often, especially since this is practical in relation to the remuneration of those employees who work for piecework, rather than fixed, wages. When issuing funds to them, it becomes possible to check the amount paid immediately on the spot and, if the payment is fair, put a signature on the statement.

Does the employer have the right to refuse to pay salaries in cash?

The procedure for paying salaries in cash at IP and LLC

The procedure for paying salaries in cash at the IP and LLC has the following steps:

Stage	IP	Ltd
1	To pay money to employees from any means, at the discretion of the entrepreneur: from the cash desk of the company, from a bank account, from my own money.	Sending an order to a banking institution to transfer the necessary amount of funds from the company's current account with a note “for salary payment”.
2	Under the taxation regime of the basic tax liability, and also when paying taxes on “simplification” (income minus expenses), the money paid is recorded in expenses in the book of accounting for income and expenses.	Registration of a cash receipt order
3	Issue a salary, ask for the signature of each employee in the pay slip.	Issuance of money to employees on the date of wages.
4	–	Filling out an expense cash warrant.
5	–	The design of the cash book leaflet, taking into account the maximum amount of money allowed for storage.
6	–	When following the OSNO or STS regimes (income minus expenses), salary funds are related to company expenses.
7	–	Submit a settlement sheet for signature to each employee.

Related Legislation

Legislation on the topic is represented by the following documents:

Common mistakes

Error No. 1: Forcing an employee to receive wages in the way that is prescribed in the local regulatory acts of the enterprise.

Transferring salary to the card of another personeka - a fairly common phenomenon in labor relations, but it is poorly covered both in law and in legal literature. In our article, we will reveal the main nuances of this issue.

Regulatory justification for transferring salary to another person’s card

General provisions determining the procedure for payment of earnings are contained in Art. 136 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation) and Art. 5 of Convention No. 95 of the International Labor Organization "Regarding the Protection of Wages", adopted in Geneva on 07/01/1949 and ratified by Decree of the Presidium of the Supreme Soviet of the USSR of 31.01.1961 No. 31 (hereinafter - the Convention).

According to Part 3 of Art. 136 of the Labor Code of the Russian Federation, the salary is transferred directly to the employee (in cash or to his bank account). However, there may be exceptions if a different order is established:

federal laws (part 5 of article 136 of the Labor Code of the Russian Federation);
specific labor contract (part 5 of article 136 of the Labor Code of the Russian Federation);
court decision (Article 5 of the Convention).

So, an example of the establishment by federal law of different from standard conditions for payment of earnings is paragraph. 3 p. 1 art. 30 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation). By virtue of this norm, a trustee has the right to receive a citizen's earnings, whose legal capacity is limited by a court decision due to addiction to gambling or because of alcohol or drug addiction.

As for the employment contract, by virtue of the general provisions on the contracts contained in Art. 421 of the Civil Code of the Russian Federation, any transaction is concluded on the principle of freedom, that is, the parties independently determine the terms of the contract and conclude it without coercion. Consequently, both employees and employers can decide on the procedure for remuneration of labor (that is, the latter have the right not to include in a labor agreement a condition on the possibility of transferring a salary to another citizen's card).

Do not know your rights?

The last ground on which the employer is obliged to transfer the money of his employee to another person is a court decision. A typical example of such a case is the payment of alimony.

How to get paid to another person’s card and apply for it correctly?

So, given the above reasons, we can talk about transferring earnings to the card of another citizen. At the same time, it is important to understand that a law or a court decision automatically creates the prerequisites for this, the article in the employment contract begins to work only after the receipt of the relevant application from the employee (a sample of such an application can be downloaded on our website).

However, there are some subtleties of applying this procedure:

The application must be written at least 5 working days before the settlement date.
The employee must indicate whether all due payments related to the employment relationship are entrusted to another person. Indeed, in addition to salaries, there are also various bonuses, compensations, interest and other accruals.
Power of Attorney is not needed. In this case, we are talking about non-cash transfers, so it will be enough that the employee in the application indicates the surname, name, patronymic of the recipient and the full details of his card and account for transferring salary.
Transferring only part of the earnings to the card of another person is permissible only on condition that such an opportunity is provided for by the employment contract.
Some employers argue that if a salary is transferred to another person’s card, all expenses and commissions are paid by the employee, since the recipient’s card will not be included in the salary project in any case. This issue has not been legally regulated, but due to the general provisions on the contract mentioned above, the following conclusions can be drawn:
- all conditions must be specified in the employment contract;
- if there is a corresponding condition, the employer has the right to pay commissions at the expense of the employee;
- if this condition was missed, then making any extra deductions from earnings is prohibited.
The possibility of relatives receiving a salary due to an unknown citizen is not provided for by any law. Only if the employment contract indicates this and there is a personal statement of the employee, one of the relatives can receive the salary of a missing person.

Thus, the possibility of transferring wages to the card of another person should be provided for by the employment contract. If there is no such condition, then an amendment to the agreement should first be made. Then the employee can write a statement if he suddenly needs this function. At the same time, it is important to understand that if such an article is not accepted by the employer, the employee does not have the right to demand the transfer of his earnings to a third party card.

In order to save money, employers participate in salary projects of specific financial organizations. As a result, employees are forced to enter into an agreement with an unwanted bank or on inappropriate terms. From the article you will learn how to defend your right to choose a bank and what to refer to.

Can they force me to change my salary card?

The conditions of the card on which the salary arrives, and the bank itself is suitable for you - such situations are not uncommon. But sometimes it happens like this:

You are getting a new job. The employer insists on concluding an agreement with the bank with which the company cooperates.
The tenant has entered into a service agreement with another financial institution on more favorable terms. Employees are required to sign an agreement with this bank for the issuance of a card, since the salary will be transferred to the new “plastic”.

If you have not signed a collective agreement that requires you to participate in the payroll program, you have the right to refuse to change the card. According to Art. 136 h. 3 of the Labor Code of the Russian Federation, the following methods of issuing salaries to employees are possible:

cash at the place of work;
by transfer to the account of the credit organization indicated by the employee, on the basis of agreements: labor or collective.

Thus, if you have one, then it is necessary to submit to the accounting details of her account. The employer is obliged to credit funds to the specified account or to issue a salary in cash.

Is it possible to choose a bank for transferring salaries?

The fact that the employer has concluded an agreement with the financial institution does not mean that all employees should be served in it. Do not sign anything, mind, you will not be obliged to issue the wrong “plastic”. If the employer transfers the money to a new card without your consent, then he risks receiving a fine and a warrant from the state labor inspectorate.

When deciding which bank to serve, consider the following points:

You may ruin your relationship with the head of the company and the accounting department, since you will have to create a separate payment system.
For bank card holders, many banks provide benefits for other products.
An employer usually pays for servicing a card issued as part of a payroll project. Money transfer to a third-party bank and card servicing are carried out at your expense.

What the law indicates

If you are forced to participate in a salary program, appeal by the following legal acts of the Russian Federation:

Art. 1 p. 2 of the Civil Code states that private individuals can exercise civil rights of their own free will in their personal interests. Coercion by the employer is not permissible.
Art. 846 p. 1 of the Civil Code confirms that the employer has the right to open a bank account in the interests of the employee. Moreover, it is not indicated anywhere that the employee is obliged to use this account.
Art. 136 part 3 of the Labor Code assures that the salary should be credited to the account indicated by the employee. It follows that without his consent, the employer has no right to transfer money to any other account.

If a non-cash payroll is stipulated in a labor or collective agreement, the employer is not entitled to refuse to transfer money to the account indicated by the employee.

The best salary card

Pay attention to the following points:

rate reduction;
minimum package of documents;
increase in credit limit.

6. and SMS service facilitate the use of the card, and joint projects with partner organizations can save money.

How to change a bank

1. Not later than 5 days before the payroll, make a statement in the name of the head and indicate in it the new details:

account number;
bank's name;
correspondent account;

2. Date and signature.

3. Sign the application with the director and chief accountant.

4. Get in the personnel department an additional agreement to the employment contract as amended.

5. Wait for the salary to be credited for the new details.

By changing the bank, you can create additional difficulties for the director and chief accountant. Please note that the law does not oblige the employer to incur costs in connection with the transfer of an employee to another bank.

How to make an accountant change a payroll bank

Since transferring salaries to another bank will increase the amount of work for accounting, they can resist your demand. All their arguments and threats are not have legal grounds. Bookkeeping is just the executor of the order, because The statement is written in the name of the head. Remind them that:

Refusal to pay salaries individually is an occasion to appeal to the labor inspectorate or to the court.
If the application contains the exact details and is submitted on time, then as a result of the refusal, labor laws and employee rights are violated.
Technical difficulties are solved. It is enough to enter new details into the computer once, so that in the future the system automatically generates a register for payment.
Requirements in an ultimatum order and threats to impose disciplinary sanctions for refusing to participate in a salary project are unlawful.

Here, by the way, is a full excerpt from the article:

Labor Code of the Russian Federation Article 136. Procedure, place and terms of payment of wages

Wages are paid to the employee, as a rule, at the place of work or transferred to a credit institution indicated in the application of the employee, on the terms determined by the collective agreement or labor contract.

The employee has the right to replace the credit institution into which the salary should be transferred, informing the employer in writing about the change in the details for the transfer of the salary no later than five working days before the day the salary is paid.

If you transfer from clerical to human, it turns out that you can get your salary on the card, and not on the one that the employer is imposing on you.

And it doesn’t matter that your company is serviced only by Raschudesny Bank, you have a salary project there, and in general the accountant Agrafena Georgievna doesn’t know how she can take it and transfer your charges to another bank like this, she generally, for lunch I haven’t gone yet and come tomorrow, the director will not sign your notes anyway ...

The list of reasons for refusing you, polite and not very, is huge.

But all this is an empty shock of air and an actual violation of the Labor Code.

It is clear that when you just got a new and seemingly such a pleasant workplace, the prospect of quarreling to the nines with great and powerful bookkeeping, colleagues (" you’ve found how competent he was, our map doesn’t suit him ”), or, and even worse, with the authorities, heats a little. But if you are determined, then here are a couple of good tips on how to resolve this situation with minimal loss of nerve cells.

Write a statement

Its form can be easily found on the Internet or simply written by hand in a similar form:

(An example of a statement from the site https://journal.tinkoff.ru)

A statement of a simple enough form, the main thing without errors is to specify all the details.

They wrote - go and give it to the accounting department. Nervously waving their hands, do not want to accept, stomping their legs? Quietly go directly to the leader. Believe me, if he is aware of the law, he will accept and sign everything without further ado.

Prepare the ground

There is no need to go immediately on the offensive, to represent an enemy of the people from an accountant or chief economist, to call for the help of a lawyer or the forces of nature. Try to just talk.

Bring a chocolate bar or delicious tea (well, or something that can soften your chief accountant a little). Ask for a small exception to the rule, agree not to tell anyone, give a compliment. We are all people, just to each - our approach.

Sent to the boss? Do not worry. As we wrote above, with due knowledge of the legislation, your CEO will sign it, almost without looking.

Transfer from card to card

If you do not want a showdown, but just want to continue to use the card that is convenient for you, immediately after accrual transfer the salary from the work card to. Most banks today have their own applications in which this can be done in a couple of clicks, or go to the mobile bank.

Is it complicated? Make friends with an ATM - money transfer can also be done in it. Unfortunately, some banks may charge a fee for transfers above a certain limit, so carefully study the conditions of transactions between accounts of different banks in advance.

The longest, tedious and not always convenient way to transfer is to withdraw cash and drop it onto your card.

Who exactly will not receive a salary on a personal card?

To state employees. Unfortunately, from July 1, 2018, all public sector employees, as well as students, pensioners and others like them, were ordered to receive payments.

Transferring wages to an employee card It is regulated by article 136 of the Labor Code of the Russian Federation, which obliges the employer to pay wages at the place where the employee performs the work, that is, if translated from the legal language into Russian, then the payment is made in cash at the employer's cash desk, namely, where the employee works. But most often wages are paid by bank transfer.

And article 136 of the Labor Code of the Russian Federation tells us that - “it is paid to the employee, as a rule, at the place of his work or transferred to a credit institution indicated in the employee’s application, on the terms determined by the collective agreement or labor agreement”.

The employee has the right to replace the credit institution into which the salary should be transferred, informing the employer in writing about the change in the details for the transfer of the salary, but no later than five working days before the day the salary is paid.

The place and deadlines for the payment of wages in non-monetary form are determined by a collective agreement, local regulations of the employer or an employment contract.

So, the transfer of the salary to the employee’s card, and on what account, is decided by the employee, not the employer.

It is wrong when an organization has a salary project and forces all its employees to join this salary project. For many years of work in personnel, I had to face a situation when, when hiring an employee, you have to say: “Let's solve the issue with you, how to draw up wages. An employee spreads out bank cards on a fan and asks: “With which bank do you have a salary project, let's pick up a card. I have left a card from each employer, I didn’t close the card either and there was some money left in my account. Therefore, let's pick up the bank whose bank card I have available, I do not need another card. "

Now, upon employment, the employee already has a bank card, on which he is ready to receive wages.

Labor legislation says that this is the money of the employee, it is he who decides how it is more convenient for him to get it, in which bank and to what personal account. At the same time, the employee has the right to change the banking organization, notifying the employer about this only 5 days before the day preceding the transfer of wages.

A situation may arise when an employee has several bank cards from various banks, he has a credit on one card and it’s convenient for the bank to debit a certain amount from his personal account, it’s convenient for him to travel abroad, and another Sberbank card with ATMs on every corner and it’s convenient for me to use the map in my current life. Therefore, the employee asks him to transfer wages for one period to one card, for another period to transfer to the second card, and wages for the next period - to the third card and then repeat.

This is the right of the employee and he decides on which account to transfer wages to him. And since wages are transferred every two weeks, the employee has the right to change the banking organization every two weeks, the main thing is that he has time, at least 5 days in advance, to notify you in writing with the indication of new bank details and the account to which need to transfer salary.

Accounting, in turn, is obligated to transfer the employee's salary to the account that the employee indicated in his application. This condition must necessarily be reflected in the employee's employment contract and he must be aware of his right when changing a banking organization.

Yes, we do not like accountants when they create unnecessary gestures and refer to the fact that this is not possible, and that it is done only on the salary project of the organization. But this is not so, the accountant in this case is disingenuous, since any program that automates the calculation of salaries allows you to enter an unlimited number of salary projects and make a choice on which card and which banking organization to transfer wages to the employee.

Once again, I want to remind you that this is the money of the employee and it is up to him to decide where to transfer them. As convenient as we do for the employee.

Now when hiring you will not have questions about transferring salary to employee card.