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Publication date: 25.04.2024
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The minimum wage is a state social guarantee, which is mandatory for enterprises of all forms of ownership
The minimum wage is a state social guarantee, mandatory throughout the territory of Ukraine for enterprises of all forms of ownership and management and individuals who use the labor of employees, under any system of payment.
The amount of wages
The amount of an employee's salary for a fully completed monthly (hourly) rate of work cannot be lower than the amount of the minimum wage (Articles 3 - 31 of the Law of Ukraine of March 24, 1995 No. 108/95-VR "On Wages", hereinafter - Law No. 108).
According to the Budget Code of Ukraine, the amount of the minimum wage is determined by the Law on the State Budget of Ukraine for the relevant year.
The Law of Ukraine on the State Budget of Ukraine for 2024 established the minimum wage from January 1, 2023 in the amount of 7,100 hryvnias, from April 1 – 8,000 hryvnias
Control over compliance with the rules of remuneration
In accordance with Articles 35-36 of Law No. 108, control over compliance with labor legislation is carried out by the central executive body, which implements state policy on supervision and control over compliance with labor legislation and tax authorities.
Tax authorities have the right to conduct an audit without prior warning to the payer in cases provided for by law. Violations of the legislation on labor remuneration are subject to disciplinary, material, administrative and criminal liability in accordance with the legislation.According to subsections 54 – 54-5 of clause 4 of the Regulation on the State Service of Ukraine on Labor Matters, approved by the Resolution of the Cabinet of Ministers of Ukraine dated February 11, 2015 No. 96 "On Approval of the Regulation on the State Service of Ukraine on Labor Matters", State Service of Ukraine on Labor Matters in accordance with the tasks assigned to it, it monitors in the field of labor remuneration in the part of timely and not lower than the minimum wage determined by the state and imposes, in cases provided for by law, fines for violations of legislation, non-fulfillment of the requirements of officials of the State Service of Ukraine for Labor Affairs.
In accordance with Article 265 of the Labor Code of Ukraine, officials of state authorities and local self-government bodies, enterprises, institutions and organizations are guilty of violation labor legislation, are responsible according to the current legislation.
About employers' responsibility and insurance experience
Legal entities and natural persons - entrepreneurs who use hired labor are liable in the form of a fine, in particular, in case of non-compliance with the minimum state guarantees in the payment of labor - in the amount of twice the minimum wage established by law at the time of detection of the violation, for each employee, in respect of which a violation has been committed.
In addition, we inform you that, in accordance with Article 24 of the Law of Ukraine dated July 9, 2003 No. 1058-IV "On Mandatory State Pension Insurance" (hereinafter - Law No. 1058), insurance experience is the period (term) during which a person is subject to general conditions mandatory state pension insurance and for which monthly insurance premiums are paid in an amount not less than the minimum insurance premium.
The insurance period is calculated in months. An incomplete month of work, if the insured person was subject to mandatory state pension insurance or voluntarily participated in the system of mandatory state pension insurance, is included in the insurance record as a full month, provided that the amount of insurance premiums paid for this month, taking into account the amount of insurance premiums , paid based on the minimum wage, is not less than the minimum insurance contribution (Part 3, Article 24 of Law No. 1058).
Thus, due to non-payment or incomplete payment of a single social contribution, employees lose their insurance experience and the possibility of receiving a decent old-age pension, disability pension, in connection with the loss of a breadwinner and in other cases provided for by law.
Since the minimum wage is a state social guarantee, mandatory throughout the territory of Ukraine for enterprises of all forms of ownership and management, employers must strictly comply with the current legislation on wages.
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