The Constitution wants to fix the indexation of salaries. What the authors of ideas, businessmen and lawyers say

On Thursday, Putin discussed with the working group the amendments to the Constitution invented by him. There were many suggestions, the president did not like everything, but he agreed with one - to submit to the Constitution a mandatory indexation of not only pensions and social payments, but also salaries . The Bell found out what the author of ideas, lawyers, economists and business think about it.

The author of the idea

The idea at a meeting with Putin was expressed by the head of the Federation of Independent Trade Unions of Russia Mikhail Shmakov. It was not impromptu. Shmakov has long and consistently says that the law should clearly prescribe the requirements for all employers to index all salaries - and last year he even managed to persuade the Ministry of Justice to his side.

“This norm will be mandatory for all employers - both for the state and for private business. The Constitution needs to prescribe the general obligation of indexation, and after the adoption of the amendments, to introduce a bill where they will prescribe the size and procedure for indexation, that is, this amendment will be regulated by a new separate law. ”

Mikhail Shmakov, Head of the Federation of Independent Trade Unions of Russia

“First you need an amendment, then the law. You can definitely agree on this - within the framework of a tripartite commission, in which there will be legislators, business, and trade unions - there will be no problem, especially since such a norm is already in the Labor Code. ”

Andrey Isaev, the first deputy head of the United Russia faction

Lawyers

The Labor Code already prescribes the obligation to index salaries, but it is clearly formulated only for state bodies and state institutions.

“Now in the employment contract in the main mandatory part, the amount of the salary and the terms of its payment must be prescribed, but the remaining payments of the organization (indexations, stimulating and premium payments, the district coefficient, payments for harmful work, etc.) The organization establishes for itself and does not include many provisions to its duties to employees. In addition, the amount of indexation, if the employer still decides to include it in his duties, is now clearly not regulated: there is a letter from the Ministry of Labor, which states that the size of indexation should not be lower than the inflation level, but this document is advisory. That is why, when now the employee suits the employer due to the lack of payments and indexations, all that the court does, this imposes a fine on the organization and asks to enter the necessary payments to the organization’s regulations. ”

Elena Proskurova, Head of Private Law Practice NUS "Amulex"

“Despite the fact that formally we get an increase in the role of the norm on the indexation of salaries, in fact, the practice of real law enforcement (including constitutional norms) shows that nothing will change globally. Rather, this is a indicative decorative step that emphasizes once again that Russia is a socially oriented state. Even in the zero Constitutional Court expressed its position on the indexation of salaries, which was expressed in the fact that the employer does not have such an obligation. That is why no one carried out indexation - there is neither a mechanism for its implementation, nor the norm of responsibility for its non -conduct. ”

Stepan Guise, Lidings Dispute Practice Practice

Business

“In my opinion, everyone here lives one day,” the owner of large industrial assets is surprised at the initiative, bearing in mind that such a measure will hit primarily in small and medium-sized businesses. - The whole world has already renounced this, because it kills competition in the labor market. In addition, an indexation of salaries of 30 thousand rubles and the salaries of top managers are completely different stories. ”

“It would be clear if it was only about indexing the minimum wage, and not all salaries. But how is it possible to index salaries if a person has a small enterprise, and the salary of its employees was originally high, for example? Who can still make it increase salaries, and even more so - who can prescribe this in the Constitution? ”

Alexander Kalinin, Head of the Business Community "Rossiya Russia"

Economists

“These measures will not affect economic growth poorly because they contradict economic theory. It says that the salary should grow with an increase in labor productivity. If this does not happen, then with an increase in salary increases the load on a business that produces the same amount, but pays more. The problem of low salaries is not associated with a lack of indexation, but with a low labor productivity, a lack of competition - for example, in single -industry towns where people have nowhere to go, even if they are not satisfied with working conditions. The state should not interfere in these relations in general, it can increase the minimum wage and create conditions in which a person can safely move in search of work to another city (so far in Russia there is a very low mobility of the population) or protect his rights in court. But the most important thing is that in the Constitution you can also write down anything, it does not oblige anything. At the level of federal law, indexation of pensions is spelled out, but at the same time when in 2014 inflation was at the level of 15%, they simply did not index, because it was too expensive. ”

Marseille Salikhov, Director of the Economic direction of the Institute of Energy and Finance of the Higher School