How to correctly prescribe in the employment contract the amount of the percentage allowance (for example, 10%) for work in areas equated to the districts of Kr. North.
Answer
In the employment contract, you can specify: "The percentage increase in wages for work experience in the regions of the Far North is paid in accordance with the law." This is explained by the fact that the amount of the allowance is regulated by law and cannot be changed by an employment contract.
You can also specify: "For the length of service in the regions of the Far North, a percentage bonus to wages in the amount of 10% is paid." At the same time, the amount of the percentage premium must correspond to the amount established by law. Also, when the size of the percentage premium changes, it will be necessary to conclude an additional agreement to the employment contract (see).
For details on this, see the materials in the rationale.
The rationale for this position is given below in the materials of "Systems Lawyer" .
« How to determine the size of the percentage allowance for work in the Far North
The amount of the percentage allowance for work in the Far North depends on:
- from the area in which the employee works;
- from the age of the employee;
- from the duration of his work (residence) in the region.
This follows from the provisions of Article 317 of the Labor Code of the Russian Federation, paragraph 16 of the Instruction approved by order of the Ministry of Labor of the RSFSR of November 22, 1990 No. 2, paragraph 6 of the Instruction approved by order of the Ministry of Labor of the RSFSR of November 22, 1990 No. 3, the order of the Government of the RSFSR of December 26 1991 No. 199-r.
For example, in the regions of the Far North, during the first six months of work, the allowance is not paid. In areas equated with the regions of the Far North, salary supplements begin to be paid after a year of work (clause 16 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2). See the table for more details on interest rates.
Employees under the age of 30 are entitled to a higher allowance. However, in order to take advantage of the increased percentage allowance, they need to live in the corresponding region for at least one year (clause 16 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2).
Special rules for the calculation of interest surcharges may be established in industry agreements. However, such agreements are obligatory for commercial organizations only if they join them (Article 48 of the Labor Code of the Russian Federation). For example, employees in the coal industry under the age of 30 are entitled to a preferential procedure for calculating the allowance. The right to an allowance, in contrast to the general procedure, they have from the first day of work. However, for this, such employees must live in the regions of the Far North (areas equivalent to them) for at least five years. This is stated in paragraph 3.2.9 of the Federal Industry Agreement on the Coal Industry for 2010-2012.
When charging a higher percentage surcharge, observe the general limit on its maximum size in this region. That is, in the regions of the Far North, it is impossible to charge an allowance in the amount of more than 100 or 80 percent of earnings. And in areas equated to the regions of the Far North - more than 50 percent (for more details, see table).
Such rules are provided for in paragraph 16 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2, and paragraph 6 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 3.
Experience for the allowance
Does the allowance for work in the regions of the Far North depend on the length of service of the employee in this region
Percentage allowances depend not only on the region and age of the employee, but also on his length of service in this region (Article 317 of the Labor Code of the Russian Federation). The seniority that gives the right to receive allowances is determined in calendar days of work in the corresponding region on an accrual basis. Breaks in work and their duration, as well as the reasons for termination of employment relations, do not affect the procedure for calculating the length of service. This follows from the provisions of paragraph 1 of Decree of the Government of the Russian Federation of October 7, 1993 No. 1012 and the established judicial practice, the general approach of which is set out in the review of the Supreme Court of the Russian Federation of February 26, 2014.
Determine the length of service for receiving a percentage allowance according to the work book or certificates issued by organizations * (clause 33 of the Instruction approved by order of the Ministry of Labor of the RSFSR of November 22, 1990 No. 2, clause 28 of the Instruction approved by order of the Ministry of Labor of the RSFSR of November 22, 1990 . Number 3).
For shift workers working in the regions of the Far North and equivalent areas, the length of service includes:
- actual time (calendar days) of watch in the regions of the Far North and areas equated to them;
- actual days on the way (provided by the schedule of work on shift) from the place of collection (location of the organization - the organizer of the work) to the place of work and back.
Such rules are established in article 302 of the Labor Code of the Russian Federation.
How to calculate the allowance for work in the regions of the Far North
Calculate the allowance from the day the employee becomes entitled to it. For part-time workers working in the organization, accrue percentage bonuses for work experience in the regions of the Far North in the same way as for other employees (part 3 of article 285 of the Labor Code of the Russian Federation).
Charge the bonus on the actual earnings of the employee, including remuneration for the length of service and on the basis of the results of work for the year, provided for by the remuneration system. Do not charge extra*:
- on the district coefficient;
- for payments on average earnings, for example, vacation pay, payment for a business trip, etc.;
- for financial assistance;
- for payments that are of a one-time incentive nature and are not determined by the wage system (bonuses for anniversaries, holidays, etc.).
This approach is confirmed by paragraph 19 of the Instruction approved by the order of the Ministry of Labor of the RSFSR of November 22, 1990 No. 2, paragraph 7 of the Instruction approved by the order of the Ministry of Labor of the RSFSR of November 22, 1990 No. 3, paragraph 1 of the clarification approved by the decree of the Ministry of Labor of Russia of September 11, 1995 No. 49, and decisions of the Supreme Court dated December 1, 2015 No. AKPI15-1253 and July 17, 2000 No. GKPI00-315.
If bonuses are paid based on the results of work for any period, the amount of this bonus for the calculation of allowances is distributed over the months of the reporting period in proportion to the hours worked. Such a distribution is necessary for the correct calculation of the northern allowance on the amount of the premium. When calculating the allowance for the amount of the premium for the quarter, half year, etc., be guided by the following. Apply the amount of the allowance that is set for the month of the reporting period to which the amount of the bonus relates.
This procedure for calculating the allowance is established by paragraph 19 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2, and paragraph 7 of the Instruction approved by order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 3.
Placed in a deposit account.
A bank is an organization whose main income consists of the difference between the price of attracting and placing financial resources. At the same time, the price of money, like any other commodity from the point of view of the economy, is determined by supply and demand.
Interest rates on deposits depend on the following main indicators:
- macroeconomic situation. If the economy is on the rise, then the demand for credit resources is higher. As a result, deposit rates are rising. On the contrary, if the economy enters a recession, then the demand for money decreases: consumer lending is reduced, production is falling. As a result, banks are forced to lower interest rates on deposits.
The key indicators in determining rates are the level of inflation and the stability of the national currency. The lower the inflation rate, the more stable the ruble, the lower the percentage banks can replenish their resources. The destabilization of the situation leads to an increase in interest rates on deposits.
At the same time, not only the current situation in the international or domestic market has an impact, but also the expectations of changes in the macroeconomics, since financiers take into account the timing of raising and placing funds;
- liquidity and money supply in the country. The shortage of money leads to an increase in the cost of credit resources and, accordingly, high rates on bank deposits. For example, if the state spends large-scale borrowings in the domestic market, this leads to the so-called sterilization of the money supply, i.e., to a reduction in the money supply, and, accordingly, to an increase in interest rates on deposits. On the contrary, the issue of money, as well as the provision of loans by the Central Bank to the banking sector, increases supply in the market and reduces rates.
Interest on deposits is significantly affected by the general condition of the financial sector and the liquidity of the banking system. Each commercial bank independently determines whom and for how long to lend. At the same time, there are situations when, in a certain period of time, the financial system as a whole experiences a shortage of funds, which must be returned later when repaying loans. At such times, interest rates rise;
- state regulation. Despite the fact that the Central Bank and the state as a whole do not have direct legislative influence on the size of deposit rates, this influence can be indirect. Thus, it is possible to change the refinancing rate, taxation of income received on deposits in credit institutions, the use of other means of conducting monetary policy.
Non-economic measures to influence interest rates are also possible on the part of regulators, for example, initialization of checks on credit institutions that pay too much on deposits;
- microeconomic factors. In addition to the general indicators for the country's economy and the financial sector, the amount of interest on deposits also reflects the situation of each particular bank separately. So, if a credit organization enters, for example, the POS-lending market and it has more and more new customers, then it offers a higher percentage on deposits than under normal conditions. That is, the interest rate on deposits may directly depend on the ability of the bank to increase its loan portfolio, on the demand for resources from customers.
For a credit institution, the size of interest rates is also influenced by its liquidity, i.e., the ratio of the timing of raising funds and the time for which they are placed. In case of insufficient liquidity, and even more so when there is a threat of so-called cash gaps, banks are ready to pay more on deposits.
Thus, the size of rates on deposits is determined by a whole range of both external and intrabank components. At the same time, competition between credit institutions leads to a gradual equalization of interest. The current situation on the bank rates market can be found in the specialized section "Deposits" of the Banki.ru website.
When calculating the interest payable to the depositor and when comparing the returns on deposits, the interest payment regime must be taken into account. The frequency of payment of interest is determined by the agreement. This may be a lump sum payment at the end of the deposit term, upon return of the principal amount. Banks also offer deposits with periodic interest payments - annual, quarterly or monthly. Occasionally there are deposits even with daily interest payments. Periodic payment can be tied both to the date of opening the deposit or to calendar periods - for example, the accrual will be carried out on the first calendar (or first working) day of the month or quarter. In the case of a periodic payment, the direction of the interest payment matters. The paid interest can be directed both to the client's current or card account (and in this case the client is free to dispose of the accrued interest), or by adding it to the principal amount of the deposit. At the same time, in subsequent periods, interest will be accrued already on the amount of the deposit, increased by the interest paid. The resulting payments on such deposits - with interest capitalization - will be higher in comparison with the option when the settlement occurs once, on the expiration date.
As a rule, in case of early termination of the deposit agreement at the initiative of the depositor, the bank recalculates interest based on the demand deposit rate adopted by the bank, or at preferential early termination rates, if such are provided for in the agreement.
In addition to the supply and demand for money and the actions of the central bank, there are a number of other factors that affect interest rates for specific instruments. These factors include:
- solvency of the borrower - the probability that the borrower will not be able to repay the principal amount of the loan and pay interest on it
- borrowing term – depending on economic prospects and supply and demand factors, the interest rate on a loan with one term may differ from the rate on a loan with another term
- the size of the principal amount of the loan - a large loan is more difficult to repay than a small one; however, a lender may offer an attractive rate of interest on a large loan as a result of economies of scale
Most loans require a certain security deposit to cover the risk of default by the borrower, ie the credit risk of the loan. Governments, and more specifically, central banks, are considered the most solvent borrowers in the country as they are the lenders of last resort.
Secondary Factors
1. Demand for money and its supply
The higher the demand for money, the higher the interest rate. High interest rates scare away borrowers and thereby reduce economic activity in the country. Low interest rates, on the other hand, encourage borrowers and boost economic activity.
2. Government action
The government can influence the size of the interest rate through the central bank. Reducing the amount of money in circulation in the country leads to an increase in the interest rate and, consequently, to a decrease in economic activity. An increase in the amount of money in circulation lowers the interest rate and increases economic activity.
3. Inflation
Lenders expect to receive compensation for the loan. Such compensation is the rate of interest charged for the use of funds. The interest rate must be higher than the inflation rate, otherwise the interest on the loan will not compensate for the loss in the value of money.
4. Deflation
Deflation is the opposite of inflation.
Consequences of changing interest rates
The consequences of changing the interest rate are different and affect the financial and real sectors of the economy.
Changes in the interest rate affect demand in the money market: when the interest rate rises, demand decreases, and when it decreases, it rises.
Since the supply of money does not automatically lead to a change in the rate, the market is out of balance: when the rate rises, there is an excess of money (threatening inflation), and when the rate is lowered, there is a shortage of money (threats deflation).
Under these circumstances, there is a need for government control over the movement of interest rates. The level of interest is an object of state regulation, and the interest rate policy of the Central Bank of the country is an important instrument of monetary regulation. Therefore, the interest rate set by the Central Bank on the basis of studying the state of the money market is a barometer and benchmark for determining interest rates for all types of money market transactions.
Microfinance organizations (MFIs) have limited the accrual of interest on microloans.
Limitation of interest on microloans
On January 1, 2017, Articles 12 and 12.1 of the Federal Law “On Microfinance Activities and Microfinance Organizations” dated July 2, 2010 N 151-FZ came into force, which introduce a ban on collecting from borrowers Microfinance organizations (MFIs) unreasonably high interest on consumer microloans. What is the reason for limiting interest on microloans?The reason is as simple as the world - Microfinance organizations (MFIs), striving to obtain excess profits, issue microloans instantly and practically without checking the client's solvency.
Microloan- This is a small loan that is provided for a short period of time, and as a rule, without confirmation and verification of the solvency of the borrower.
In article 2 of the Federal Law N 151-FZ of 07/02/2010, the concept of "microloan" is described as follows:
3) microloan - a loan provided by the lender to the borrower on the terms stipulated by the loan agreement, in an amount not exceeding the maximum amount of the borrower's obligations to the lender for the principal debt established by this Federal Law;
According to Federal Law No. 151 of July 2, 2010, the amount of a microloan issued to one borrower cannot exceed one million rubles. The actual issuance of microloans in the amount of up to 30 - 50 tr. is issued only with a passport and naturally without checking the solvency of the client.
Federal Law No. 151 of July 2, 2010 No. There are two types of restrictions on the accrual of interest by Microfinance Organizations (MFIs) on issued consumer microloans, namely:
- Threefold limitation of accrual of interest under a consumer microloan agreement.
- Termination of accrual of interest on overdue loans as soon as the interest reaches twice the amount of the outstanding part of the debt.
The Bank of Russia provides an explanation of the essence of the restrictions imposed by Federal Law No. 151, which boils down to the following:
1. From January 1, 2017, a three-fold restriction on the calculation of interest under a consumer microloan agreement entered into starting from this date comes into force.
If the repayment period under the agreement does not exceed one year, microfinance organizations (MFIs) are not entitled to charge interest to the borrower - an individual after their amount reaches three times the loan amount.
So, for example, with a loan of 5,000 rubles, the debt of the borrower at no time can exceed 20,000 rubles. This amount includes:
- loan amount of 5000 rubles
- accrued interest in the amount of 15,000 rubles (5,000 rubles x 3).
The Bank of Russia draws the attention of borrowers to the fact that the limitation on the amount of interest does not apply by law to penalties (fines, penalties), as well as payments for services provided to it for a separate fee.
Here is how it is stated in the Federal Law of 02.07.2010 N 151-FZ (as amended on 03.07.2016) "On microfinance activities and microfinance organizations" (as amended and supplemented, entered into force on 01.01.2017) :
Article 12
1. A microfinance organization is not entitled to:
9) to accrue to the borrower - an individual interest under a consumer loan agreement, the period of repayment of a consumer loan for which does not exceed one year, with the exception of a penalty (fine, penalty fee) and payments for services provided to the borrower for a separate fee, if the amount accrued for the interest agreement will reach three times the amount of the loan. The condition containing this prohibition must be indicated by the microfinance organization on the first page of the consumer loan agreement, the term of repayment of the consumer loan for which does not exceed one year, before the table containing the individual terms of the consumer loan agreement; (As amended by the Federal Law of July 3, 2016 N 230-FZ)
2. The second limitation concerns the delay in the repayment of a short-term (up to one year) consumer microloan: after the occurrence of a delay, the MFI can accrue interest to the debtor only on the remaining (outstanding) part of the principal amount, however, the accrual will stop as soon as the interest reaches a double amount of this amount.
At the same time, the MFI will be able to start accruing interest again only after the borrower partially repays the loan and (or) pays the interest due.
The penalty (fines, penalties) should be charged only on the part of the principal amount not repaid by the borrower.
So, for example, if the outstanding part under the overdue contract is 5,000 rubles, the amount charged from the borrower will be equal to 15,000 rubles, which includes the amount of overdue debt - 5,000 rubles and accrued interest - 10,000 rubles (5,000 rubles x2).
Each MFI is required to place information about these restrictions on the first page of a short-term consumer loan agreement before a table with individual terms of the agreement.
The Federal Law of 02.07.2010 N 151-FZ "On Microfinance Activities and Microfinance Organizations" (as amended and supplemented) states this restriction as follows:
Article 12.1. Features of the calculation of interest and other payments in case of delay in fulfilling loan obligations (introduced by Federal Law No. 230-FZ of 03.07.2016)Sources:
1. After the occurrence of a delay in fulfilling the obligation of a borrower - an individual to repay the loan amount and (or) pay interest due, a microfinance organization under a consumer loan agreement, the term for repayment of a consumer loan for which does not exceed one year, has the right to continue accruing interest to the borrower - an individual only on part of the principal amount not repaid by him. Interest on the portion of the principal outstanding by the borrower continues to accrue until the total amount of interest payable is equal to twice the amount of the outstanding portion of the loan. A microfinance organization is not entitled to accrue interest for a period of time from the moment the total amount of interest payable in the amount equal to twice the amount of the outstanding part of the loan is reached, until the borrower partially repays the loan amount and (or) pays the interest due.2. After the occurrence of a delay in fulfilling the obligation of a borrower - an individual to repay the loan amount and (or) pay interest due, a microfinance organization under a consumer loan agreement, the term for repayment of a consumer loan for which does not exceed one year, has the right to charge a borrower - an individual a penalty (fines, fines) and other measures of liability only for the part of the principal amount not repaid by the borrower.
3. The conditions specified in parts 1 and 2 of this article must be indicated by the microfinance organization on the first page of the consumer loan agreement, the consumer loan repayment term for which does not exceed one year, before the table containing the individual terms of the consumer loan agreement.
- The message of the Bank of Russia dated 01.01.2017 - “The accrual of interest on short-term microloans is limited”
- Federal Law No. 151-FZ of 02.07.2010 “On Microfinance Activities and Microfinance Organizations” (as amended)
- Federal Law No. 230-FZ of 03.07.2016 “On the Protection of the Rights and Legitimate Interests of Individuals in Recovering Overdue Debts and on Amendments to the Federal Law “On Microfinance Activities and Microfinance Organizations””
The interest rate specified in the loan agreement is one of the most essential terms of the loan, it is on the basis of this figure that the borrower decides whether to borrow money from the bank or not. In most cases, the bank, after studying the package of documents of the borrower and conducting credit scoring in one form or another, sets the interest rate, including depending on the lending conditions stipulated in the agreement between the parties to the agreement (the bank and the individual). In this article, we will take a detailed look at what is the maximum interest rate on a loan that a credit institution can set when applying for a consumer loan (in a bank) and when concluding a microloan agreement with an MFI.
Issues discussed in the material:
The procedure for drawing up a loan agreement and assigning interest on a loan is regulated by a number of legislative acts, in particular, this is Part 1 of Art. 29, part 2 of Art. 30 of the Federal Law of December 2, 1990 N 395-1 "On Banks and Banking", Art. 819 of the Civil Code of the Russian Federation and paragraph 4 of Part 9 of Art. 5 of the Federal Law of December 21, 2013 N 353-FZ "On consumer credit (loan)":
Interest rates on loans and (or) the procedure for determining them, including determining the amount of the interest rate on a loan depending on changes in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and commission on operations are established by the credit institution in agreement with customers, unless otherwise provided by federal "law".
Let's take a closer look at the restrictions on the interest rate under a consumer loan agreement. Our material applies equally to interest rates on loan agreements for non-purpose purposes, as well as on consumer lending agreements.
Interest rate on a consumer loan in a bank
If we turn to Part 1 of Art. 9 of Law No. 353-FZ “On Consumer Credit (Loan)”, it is stipulated there that the determination of the interest rate under the consumer credit agreement is carried out by the bank using one of the rates:
- Fixed rate;
- Variable This occurs depending on changes in the variable specified in the loan agreement.
Banks, in most cases, under a loan agreement concluded with a borrower who is an individual, do not have the right to independently reduce the term of the agreement, change the procedure for determining interest on the loan and their size. In the case of consumer lending, the bank can only unilaterally reduce the interest rate on the loan (if we are talking about structuring the debt of an individual, for example) in accordance with Part 4 of Article 29 of Law No. 395-1; Part 16, Article 5 of Law No. 353-FZ.
Some banks include in the loan agreement a requirement to take out life and health insurance for the borrower, or insurance for property that is collateral for the loan, while the agreement may contain a condition that the lender has the right to decide to increase the interest rate on the loan, including if the consumer fails to fulfill insurance obligations for more than 30 calendar days.
However, the increase in the interest rate on an already issued loan in the event of a subsequent one is also prescribed in the loan agreement and the maximum interest rate will be limited to the amount specified in the loan agreement when issuing a loan, in accordance with part 11 of article 7 of Law No. 353-FZ.
Maximum interest rate on a loan
Talking about what is the maximum interest rate on a loan that can be set by a credit institution, Attention should be paid to the fact that at the legislative level there is a limitation on the total cost of a consumer loan (TCL), which has a direct impact on the size of the interest rate on it.
By law, a bank cannot draw up a loan agreement in which the interest rate is more than 30% higher than the average market value (calculated quarterly by the Bank of Russia). If some impressive change in market conditions occurs in the country, then the Central Bank may establish one or another period during which the maximum rate limit on consumer loans will not be applied (part 11 of article 6 of Law No. 353-FZ).
On a note! The Bank of Russia once a quarter calculates the average market value of TIC as a weighted average of at least 100 largest banks of the Russian Federation for a certain category of loan or at least one third of the total number of credit institutions that provide a certain category of loan (part 10 of Art. 6 of Law No. 353-FZ).
The Bank of Russia publishes the average market value of TIC once a quarter (according to part 8 of article 6 of Law No. 353-FZ). For example, for car loans that were concluded in the 2nd quarter of 2019 for the purchase of new vehicles (mileage from 0 to 1000 km), such an average market value of the interest rate is 15.768%, and the maximum value of the TIC is 21.024% per annum, provided that the car performs in as collateral (Information of the Bank of Russia “On the average market values of the total cost of a consumer credit (loan)”).
Maximum interest rate on microloans in MFIs
It should be noted right away that the maximum interest rate on microloans in MFIs is strikingly different from the interest on loans in ordinary banks. from January 1, 2017, they can set the maximum interest rate on short-term loans (up to a year) not exceeding 300%, that is, the overpayment on a microloan should not be three times more than the amount of this microloan. See paragraph 9 of Part 1 of Art. 12 of the Law of July 2, 2010 No. 151-FZ:
... to accrue interest to an individual borrower under a consumer loan agreement, the term of repayment of a consumer loan under which does not exceed one year, with the exception of a penalty (fine, penalty fee) and payments for services provided to the borrower for a fee, if the amount accrued under the agreement percent will be three times the amount of the loan. The condition containing this prohibition must be indicated by the microfinance organization on the first page of the consumer loan agreement, the term of repayment of the consumer loan for which does not exceed one year, before the table containing the individual terms of the consumer loan agreement;
This maximum loan overpayment does not include the cost of additional services and forfeits/fines (Federal Law No. 151-FZ of 02.07.2010 “On Microfinance Activities and Microfinance Organizations”).
If we talk about consumer loan agreements that MFIs entered into in the second quarter of 2019, then the average market value of TIC (full cost of a consumer loan) for an unsecured microloan (with the exception of POS microloans), in the amount of up to 30,000 rubles and for a period of 30 days inclusive, is equal to 599.367% per annum. In this case, the maximum TIC is 799.156% per annum.
