The law on receiving salary on any card. Transfer from a salary card online. Regulatory justification for transferring salary to another person’s card

Every employee has the right to receive a salary on a card or in cash, regardless of the form in which he carries out his work duties. But there are times when you need to transfer your salary to the card of another person: the employee’s wife, his sister, brother, mother, etc. Is it legal to transfer wages not to an employee’s card? Is it possible to arrange such a transfer without violating the law and how to do it? We will try to give answers to these questions.

What obstacles might arise?

If an employee has a situation where he needs to transfer wages to a third party’s account or card, the first thing he does is to consult the accounting department of the company where he works. And here the first conflict of interest arises. The employee needs the accounting department to transfer money to the account he needs, but they say that if the account is not in the employee’s name, they do not have the right to transfer his salary there. Who is right in such a situation?

In this case, the accounting department unlawfully refuses the employee. The fact is that the law does not prohibit transferring an employee’s salary to the accounts of third parties; at the same time, this issue is not properly regulated by the rules of law, which is what accountants take advantage of, who simply do not want to “bother” and take on unnecessary responsibility. Indeed, in the case of transferring wages to a third party, the employee may declare that his wages “went in an unknown direction” and begin to sue the organization.

It is also necessary to understand that the accounting department has the right to ask questions, why the employee needed to transfer the salary to another your own map, but to a third party card. Suddenly, an employee tries to involve the company in some kind of illegal fraud, for example, he tries, thus, to evade fulfilling some of his property obligations, you never know what happens. As a result, everything often ends in mutual bickering. How to act correctly?

1. Go to the accounting department and explain to them that you need to transfer your wages to your wife’s card or any other.
2. Explain why you need this.
3. Write an application to transfer your salary to the desired account.
4. You insist that the application be endorsed and accepted for consideration.
5. Wait for the employer’s decision, and if it is positive, wait until the salary is transferred to the account specified in the application.

The employer has every right to refuse such a transfer to the employee on the grounds that such a calculation option is not provided for in the employment contract or collective agreement.

If the employer refuses on the grounds that the employment contract and local regulations of the organization do not contain a provision regarding the transfer of salaries to third-party accounts, you can insist that such a provision appear in the employment contract. However, practice shows that employers win in such disputes. Therefore, unfortunately, you will have to rely on the flexibility of your boss and his ability to “get into the situation” of the employees.

What documents are needed?

In order to perform the action you are interested in, you do not need any special documents. Having reached an agreement with the employer, you need to come to the accounting department with your passport and write an application to transfer your salary to the account of a third person. There is no example of this type of statement; it is written in any form. We write the application addressed to the director of the enterprise. In the header of the document you must also indicate your last name, first name and patronymic, position, address and telephone number. Next, enter the word “statement”:

• provide details of the recipient;
• wages will be transferred in full or in part;
• during what period payments will be made to a third party;
• indicate the reasons why you needed to transfer your salary to a third party account (optional).

At the end of the application, you write the number, put your signature and transcript. You must ensure that your application is accepted and endorsed in front of you. Otherwise, accounting employees may refer to the fact that the document was not accepted or was lost.

By the tribunal's decision

It is also possible to transfer to the current account of another bank, even if the salary will be transferred only in part. Accounting may require more detailed details if the recipient has an account not in a Russian bank, but in a foreign credit institution.

Indisputably, the enterprise fulfills the requirements to transfer wages to the account of a third party according to a court decision. In this case, the interested person must provide a copy of the court decision to the accounting department of the enterprise, which in turn must formalize everything no later than 5 working days. In what cases can a court oblige an enterprise to transfer wages to a card belonging to another:

1. In case of restriction of an employee’s legal capacity if he abuses alcohol, drugs or is addicted to gambling and puts his family in a difficult financial situation. The salary is transferred in full to the account of the spouse, parent, sister, etc.
2. If an employee has child support obligations. In this case, part of the salary is transferred in the manner established by the court decision.
3. In the event of forced collection of part of the salary from an employee to repay a debt obligation. In this case, part of the earnings is transferred to the third party’s account in the amount prescribed by the court decision.

So, if you wish to transfer your earnings to someone else’s card, this does not mean that the employer will voluntarily accommodate you. Of course, both he and you will have arguments, since the law does not regulate this situation in detail. We must try to negotiate amicably, otherwise we may get into trouble!

Since November 2014, the employee has the right to independently choose the bank to which the salary will be received on a monthly basis. Previously, this right belonged exclusively to the employer. The employment contract specified the bank to which the salaries of all employees were received. Now, based on the employee’s application and the drawing up of an additional agreement between the employer and the worker, you can receive your salary on a card from another bank. Today we will talk about how to draw up such a statement and how possible it is.

Why do such situations happen?

Each organization draws up a salary project with the bank under certain conditions. For the company itself, the conditions offered by banks are more interesting, and it often does not take into account the wishes of its workers. The organization transfers funds to a bank account once or twice a month with one payment order, and issues identical bank cards to all its employees.

But the company employee himself may not be entirely comfortable using the proposed bank:

1. Inconvenient location of terminals and ATMs. Many are accustomed to withdrawing funds or paying various payments through technical devices banking organizations located near home or in the nearest shopping center. But the ATMs of the bank chosen by the employer may have an inconvenient location for a particular employee.
2. Office opening hours. Not all banking organizations are ready to work 12 hours a day, seven days a week. Some financial companies have offices open 8 hours from Monday to Friday, which may coincide with your work schedule. Therefore, contacting bank specialists directly can be difficult, which is also a negative factor.
3. The bank has poor performance and its performance becomes illiquid. In this case, the Central Bank warns a specific banking organization about the possible closure of its license. And if you have a bank account with this bank, we also recommend writing an application to transfer your salary to a card of another bank.
4. There are no quality bonuses from participating in the salary project. Many banks offer discounts in the form of reduced interest rate for loans or mortgages for those clients who participate in the salary project. Therefore, a person receiving a salary from a certain bank expects benefits when applying for a loan, but not all banking organizations offer acceptable conditions.

It should be noted that every citizen of the Russian Federation has the right to receive wages from another bank.

How is an application made?

How to transfer salary to another bank?

Transferring your salary to a card account in another bank is possible only upon your application. In this case, such an appeal addressed to the employer is drawn up no later than 5 working days before the expected payment.

It is necessary to fill out a standard form, which can be obtained from the accounting department, or write a handwritten application addressed to the manager with a request to transfer wages to an account opened in another banking organization. The sequence of actions will be as follows:

1. Contact the accounting department to write an application.
2. Compose an application in which you indicate the details of an account opened with a third-party bank. In the future, your salary will be received through this bank.
3. The application is signed by the boss and chief accountant at your enterprise.
4. If necessary, you will need to sign an additional agreement in connection with changes to the employment contract.
5. From now on, the funds will be transferred to another account using your details.

What should you pay attention to here? The main thing is that the employer does not have the right to refuse such a request. According to the law, you can want to change banks at any time. It is your right. If, nevertheless, the employer refuses, referring to the employment contract, demand a written refusal, and with this document you can safely contact the trade union or the prosecutor's office, since such a refusal is unfounded.

Is it worth writing such a statement?

You need to carefully consider whether the change is worth it. Yes, if you are comfortable using another bank, and the employer does not mind at all, then, of course, you should use this service. An organization, as a rule, has a partnership with only one specific bank and, as a result, the salary project is also one. And for the sake of one employee, a salary project transferred to another bank is a utopia.

Therefore, although the company is unlikely to refuse you, you will have to apply for a debit card yourself. And, as a result, you will have to pay an additional fee for servicing the card, account and other conditions, which you can familiarize yourself with directly at the bank of your choice.

Moreover, you will become a holder debit card, not salary. And those bonuses that participants in the salary project can receive will not be available to you, i.e. there will be no reduced interest on loans or mortgages. And for your employer, this is additional paperwork for the accounting department, which can cause a certain conflict. Therefore, first weigh the pros and cons.

Maxim Pogorelov

We discussed situations when a bank pre-trial writes off loan debt from your salary card in the previous article. Now let's look at it step by step. How to write an application to an employer to receive wages in cash or from another bank.

In the previous instructions, we talked about the fact that the employer does not have the right to refuse to satisfy your decision to receive wages at the place of work (in cash at the cash desk) or to transfer wages to another credit institution. Now we will consider in great detail how to tell the employer about our desires and the seriousness of our intentions, when we have nothing to pay the loan with - we will fill out an application.

I would like to note that your employer’s accounting department will be hostile to this statement of yours, not because they are “spending our money there,” as many employees say. And due to the fact that transferring wages within the framework of a salary project (when salary bank cards are issued at work) requires minimal labor costs. That is, for an accountant, in order to transfer the salary to everyone according to the register, you need to press 1 button, but in order to transfer it to you separately, you need to press several dozen buttons and check all the details. They're just lazy. Therefore, very often these statements do not reach the manager, but remain in the accounting department and disappear. This means that the application must be submitted directly to the manager. Because it doesn’t matter to him, he doesn’t want to violate the Labor Code.

Step 1

The first thing you need to remember is that the application must be submitted at least 5 working days before the payday, otherwise the employer will rightfully refuse to satisfy the application on time. A sample application is below:

Step 2

The application can be submitted in free form and does not have to be printed, but I have attached my application template to these instructions so that you remember what exactly should be indicated in it. Simplified, this can be represented as follows: to CEO to such and such from an employee of such and such, a statement, dear such and such - on the basis of Art. 136 of the Labor Code of the Russian Federation, I ask that my salary be paid in cash or transferred using the following details, date, signature. You can download the application form here for free.

Here you indicate either

• Option A - cash
• Or option B - transfer of salary to another bank.

Choose for yourself what is more convenient for you.

Requisites

The most important thing is to provide correct and complete details and be sure to link to the Labor Code so that the employer understands that you are aware of your rights. If you enter the details incorrectly, you will run around looking for money. If you don’t refer to the law, they will send you away.

Let's go over the details so we don't miss anything. In fact, when you receive a card at the bank, you can simply tell the girl-operator that you need details for transferring wages and she will give you a magic piece of paper from which you can copy everything.

• Full name of the card owner - by the way, the card details of your wife or even a third party may be indicated here. The law does not prohibit paying your salary using someone else’s details - payroll will be calculated for you in any case. But to avoid disputes with accounting, it is better to give them your card.
• Card number - indicated on the card itself and includes 16-18 characters depending on the type of card
• Personal account number - essentially this is your current account number as individual- includes 20 characters
• Copy the name of the bank exactly from the piece of paper that the teller gives and pay attention that sometimes the number of a bank branch or additional office is indicated there.
• The bank's correspondent account also has 20 digits, INN and KPP have 10 and 9 digits, respectively.

Step 3

A very important step. Please note that the application is in the form of a petition, but you have many rights to DEMAND - this was discussed in the previous article. And in order not to provoke a conflict, I did not include in the statement a phrase like “Otherwise, I remind you of your responsibility for...”. Because such words at the end of a statement would be perceived as threats. But let’s not stoop to the level of the collectors who threaten us - especially since they cannot achieve anything with this. We will negotiate.

Therefore, it is worth saying this verbally and not allowing even a hint of threat. It is advisable to make it clear with a smile that you know your rights and know what responsibility the employer will have for not satisfying your request. Because old map you've already blocked. And if suddenly the employer does not know, carefully inform him that you know where the labor inspectorate is located.

By the way, if suddenly you recently found yourself in a situation where you have nothing to pay the loan with, take my special Young Fighter Course.

Well, that seems to be all - I haven’t forgotten anything. Well, if you forgot, write in the comments what exactly. And if it was useful, share it with your friends on social networks. And do not forget that you, as an employee, have more rights than an employer, and if you wish, you can force him not only to pay wages in cash or transfer wages to another bank. But don't go too far. You simply cannot pay the loan and you are trying to get out of this situation.

In this article we will learn how wages are paid in cash and what procedures exist for individual entrepreneurs and LLCs for this. We will also look at the employer’s refusal to pay wages in cash, analyze common mistakes and answer the most common questions.

Procedure and terms of payment of wages

By law, the employment contract specifies only the amount of the employee’s salary, and all other conditions of his working relationship with the employer, namely methods of payment of funds, amounts of advance payments, coefficients, are determined by the provisions of collective agreements, additional agreements or clauses in the staffing table. 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, employees will certainly be given a pay slip.(no later than the date of receipt of payment), which reflects the components of wages (these may be bonuses, allowances, salaries, compensation and other payments), information on withholdings (tax payments, penalties for violations of discipline), tax-free funds, amounts of advances issued and money planned for disbursement.

If the day employees receive their final payment of wages falls on a holiday or weekend, the money must be paid in advance.

When an employee leaves workplace in connection with the onset of annual leave, he receives a vacation allowance, and 3 days before the holiday - a payslip. Methods of receiving wages are specified in the text of internal corporate acts. If an employee does not agree with payment using the indicated method, he has the right to leave a statement to the company’s accountant demanding that he be given money according to a different scheme. Salary can be paid:

• cash;
• to a bank card;
• to a bank card of the employee’s choice;
• to a current account;
• partly to one, partly to another card (when, for example, an employee is automatically debited from one bank card against some debt);
• to the account of third parties (in this case, insurance contributions and payments towards future pensions go specifically 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 with a guarantee that the employee will work this time;
• in kind, while the rule of issuing payment twice a month also works, and contributions to the funds are paid based on the cost of products received as salary.

Wage issued according to the following scheme:

• an accounting employee examines received documents related to the calculation of salaries to employees (time sheets, memos, confirmation of legal absence on certain days);
• the accountant calculates the amount of salary, the amount of bonuses, and calculates the amount of deductions;
• data on the amount of payment for each employee goes to the employee of the enterprise responsible for the movement of money, he sends an order for funds to the company's cash desk or issues an order to a banking institution to transfer the required amount;
• upon the day of issue of the advance (fixed or depending on the number of shifts worked), the amount is issued to the employee in one of the above methods against signature;
• on the date of payment of wages, workers receive the remaining amount due for payment, and the accountant makes contributions to funds and the Federal Tax Service;
• The employee is given a pay slip.

Is it possible to receive salary in cash?

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

The Labor Code states that wages for employees are usually issued at the place where they perform their official functions or are transferred to a banking institution at the request of the employee according to the rules prescribed in the employment 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 in relation to the choice of method of payment of salaries.

The employee should not have any obstacles to his receipt of funds.

The choice of salary payment method is left to the company employee himself.

Payment of wages in cash Paying company employees in cash is the most labor-intensive type of payment. More or less large companies this method

They don’t practice it because it seems inconvenient for them, and it also comes with new expenses. Costs arise at the stage of transferring money from a banking institution, storing it at the enterprise, and recalculating 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 the funds are handed over to them, they have the opportunity to immediately check the amount paid on the spot and, if the payment is fair, sign the statement.

Does an employer have the right to refuse to pay wages in cash?

The procedure for paying wages in cash for individual entrepreneurs and LLCs has the following stages:

Legislative acts on the topic

Legislative acts on the topic are represented by the following documents:

Common mistakes

Mistake #1: Forcing an employee to receive wages in the manner prescribed in the local regulations of the enterprise.

Short answer: It’s good to think about whether this makes sense; if so, write a statement to the employer.

Long answer.

For several months now, Russians have been able to receive their salaries into an account in any bank of their choice. In fact, most workers could do this before (if a specific bank was not specified in the employment contract), but now it has become easier to prove to the accounting department their right to freely choose a bank. Some advice for those who are thinking about changes.

1. Think carefully and determine as accurately as possible Why You Need It. It is possible that the bank offered by the employer is not as bad as you think, and that it can be used more effectively than you have done so far. Many clients do not perceive their current salary bank as a full-fledged bank, and, out of long-term habit, withdraw money from the card at the ATM closest to work on the first day after their payday. But in fact, the bank may have special conditions for salary clients, for example, for loans, utility payments and other services. There is a possibility that by properly “setting up” your relationship with your current bank, you will get everything that you have in another, more attractive at first glance, bank.

2. If you decide that another bank offers more interesting terms of service, it is not necessary to receive your salary directly into your account, straining your accounting department. Many workers tied to salary projects their employer, do simple thing: set up automatic transfer of money received into your salary account to a more convenient account in another bank. Others perform this operation manually: when a salary arrives in their account, they receive an SMS, after which in a minute or two, using an application on their smartphone or online banking, they transfer the amount to a more convenient or profitable bank using a ready-made template. By the way, in this case, you can partially use the services of the current salary bank by setting up automatic utility payments, telephone payments, etc. They are usually free.

3. Finally, if no arguments in favor of maintaining the status quo work, and you urgently need to change the bank for depositing your salary, write a statement addressed to the head of the organization and submit it to the human resources department, the manager’s reception or to the accounting department. The application has a simple short form:

(“Hat” - to whom, from whom, everything is as usual).

In accordance with Article 136 of the Labor Code of the Russian Federation, I ask you to transfer my salary, starting from (date), to a bank account using the details:

Full name of the account owner (your data):
Current account number:
Bank (name):
Corr. check:
BIC:
Taxpayer Identification Number:
Checkpoint:

Date, signature.

Account details will be given to you at the bank branch, and they are probably also available in the Internet bank. Rewrite the numbers very carefully; your receipt of your salary on time depends on this.

The application must be submitted no later than five days before payroll. It’s better, of course, earlier, because... In large organizations, the movement of an application through all authorities can take several days, or even weeks.

Your desire to change banks may have additional consequences. If a specific “salary” bank was specified in your employment contract, now this the item will have to be changed. Most likely, the HR department will draw up an additional agreement with you, and the director of the company will have to sign it, just like you. The employment contract changes only once: instead of the clause indicating a specific bank, the following wording is inserted: “Salaries are transferred to the employee’s bank account specified in the application.” This means that if you later want to change the bank again, all you need to do is write a new application and you won’t have to change anything else. Making changes to an employment contract can also take some time, which again highlights the importance of starting this process as early as possible.

It's even worse if you're hired on the basis collective agreement, which indicates a specific bank for transferring salaries. In this case, you will have to either change the collective agreement or find some special options for an agreement with the employer “as an exception.” Here it is better to consult with a lawyer specializing in labor law.

4. Accounting may resist your wishes, because... transferring salaries to different banks increases the volume of her work. However, she has no legal grounds for refusal, all possible arguments and threats are just words. In any case, you write an application addressed to the head of the organization, and it is the head who must submit it to the accounting department for execution. It’s easier for a normal manager to put a little extra strain on the accounting department than to get involved in tedious disputes with an employee (especially a good and useful one). A crazy person can take the position of accounting and try to “hush up” this issue (he cannot directly refuse in writing, this is a violation of the law). In this case, your right to contact the trade union (if there is one at the enterprise), the labor inspectorate or the court. The problem is that after this, most likely, you will live in this company “badly, but not for long” (c).

5. An employer may agree to transfer wages to another bank, but compensate at your expense additional expenses which he will incur in connection with this. There are two considerations here: first, such costs may indeed arise. Secondly, there is no certainty about who should bear them. Read the employment contract, talk to lawyers. If you have experience solving this issue, write here in the comments.

6. Pay attention to choosing an account in a new bank to receive your salary. It's better that it be a simple current account without a card linked to it and mobile banking . Any bank card- this is a security hole; trusting a card account with your entire salary is somewhat reckless. Mobile banking is the same. It’s safer to receive money into an account protected from possible threats, and then, if necessary, transfer a certain amount to the card. If you have no choice, then under no circumstances should you display your salary card on the Internet (use additional or one-time cards for online payments), withdraw cash from it only at ATMs installed in bank branches, and do not pay with this card in stores. Or do it the old fashioned way - withdraw your entire salary in cash from an ATM as quickly as possible, but in this day and age this is not the most efficient way.

PS If you have questions about personal finance, investing and banking, ask in the comments. I will try to answer them as detailed and clear as possible.