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Consideration will be given to the minimum wage
Consideration will be given to the minimum wage
Although the maximum salary limit has not been determined, the minimum amount has been determined. According to Article 155 of the Labor Code, the minimum wage is a social norm that determines the lowest level of monthly wages for unskilled labor and service, taking into account economic and social conditions. In the third part of that article, it is mentioned that the monthly salary of an employee who has worked the monthly working time norm and performed the labor function cannot be lower than the minimum salary amount determined by the state.
It should be noted that the minimum wage has been set at 345 manats since January 1, 2023. Now, let's consider the important points related to the minimum wage according to the labor legislation:
First point. The minimum wage can only be given to unskilled workers.
For example, it is not considered reasonable to set a salary of 345 manats for an accountant who works on a monthly basis by the employer. Because the accountant is not included in the list of unemployed and unskilled workers. According to the employment classification developed by the State Statistics Committee, the description of the "unskilled workers" classification is as follows:
"Those professions are included in which the knowledge and experience necessary for the performance of tasks with the use of hand tools, which are basically simple and sometimes require considerable physical strength, with a small exception, with limited freedom, are required. The main tasks consist of selling goods on the streets, performing the functions of porters and watchmen, as well as cleaning, washing clothes, ironing, performing unskilled jobs in the extractive industry, agriculture, fishing, construction or art workshops.
Examples include positions such as salesmen, security guards, couriers or registrars.
The second point.
At the end of each year, the Ministry of Labor and Social Protection of the Population approves the production calendar and working hours for the following year. For example, the work rate for February 2023 is set at 160 hours. According to the labor contract concluded by the employer with the worker who belongs to the category of "unskilled worker", if he works 80 hours and the monthly salary is 200 manats, this will not be considered a violation of the law. Because the employee did not fully fulfill the working time norm and the salary determined according to the working time norm is higher than the working time norm. While the minimum wage corresponding to 160 hours is 345 manats, and the wage for 80 hours is 172.50 manats, the monthly salary of the employee is 200 manats.
[b]The third point. When determining the minimum wage, other incomes are not taken into account.
Although the salary of an employee who fulfills the monthly working time norm is 300 manats, a monthly bonus of 40 manats and a bonus of 30 manats are calculated. The final salary of the employee is 370 manats. Although this amount is higher than the minimum wage, such calculation is contrary to the requirement of the law. Because according to Part 5 of Article 155 of the Labor Code, bonuses, salary supplements, increases, as well as overtime payments and other payments provided by the wage system are not included in the amount of the minimum wage.
Although the maximum salary limit has not been determined, the minimum amount has been determined. According to Article 155 of the Labor Code, the minimum wage is a social norm that determines the lowest level of monthly wages for unskilled labor and service, taking into account economic and social conditions. In the third part of that article, it is mentioned that the monthly salary of an employee who has worked the monthly working time norm and performed the labor function cannot be lower than the minimum salary amount determined by the state.
It should be noted that the minimum wage has been set at 345 manats since January 1, 2023. Now, let's consider the important points related to the minimum wage according to the labor legislation:
First point. The minimum wage can only be given to unskilled workers.
For example, it is not considered reasonable to set a salary of 345 manats for an accountant who works on a monthly basis by the employer. Because the accountant is not included in the list of unemployed and unskilled workers. According to the employment classification developed by the State Statistics Committee, the description of the "unskilled workers" classification is as follows:
"Those professions are included in which the knowledge and experience necessary for the performance of tasks with the use of hand tools, which are basically simple and sometimes require considerable physical strength, with a small exception, with limited freedom, are required. The main tasks consist of selling goods on the streets, performing the functions of porters and watchmen, as well as cleaning, washing clothes, ironing, performing unskilled jobs in the extractive industry, agriculture, fishing, construction or art workshops.
Examples include positions such as salesmen, security guards, couriers or registrars.
The second point.
At the end of each year, the Ministry of Labor and Social Protection of the Population approves the production calendar and working hours for the following year. For example, the work rate for February 2023 is set at 160 hours. According to the labor contract concluded by the employer with the worker who belongs to the category of "unskilled worker", if he works 80 hours and the monthly salary is 200 manats, this will not be considered a violation of the law. Because the employee did not fully fulfill the working time norm and the salary determined according to the working time norm is higher than the working time norm. While the minimum wage corresponding to 160 hours is 345 manats, and the wage for 80 hours is 172.50 manats, the monthly salary of the employee is 200 manats.
[b]The third point. When determining the minimum wage, other incomes are not taken into account.
Although the salary of an employee who fulfills the monthly working time norm is 300 manats, a monthly bonus of 40 manats and a bonus of 30 manats are calculated. The final salary of the employee is 370 manats. Although this amount is higher than the minimum wage, such calculation is contrary to the requirement of the law. Because according to Part 5 of Article 155 of the Labor Code, bonuses, salary supplements, increases, as well as overtime payments and other payments provided by the wage system are not included in the amount of the minimum wage.