The transfer of enterprises to cashless payments entails the question of whether it is possible to permanently transfer salaries to another person’s bank card. The Labor Code specifically does not say anything about this method of accruing funds, since the massive use of bank services for payroll calculations began a little later. But the law expressly provides that material remuneration for the work done is issued exclusively to those who earned this money. To understand the issues of cashless payments, you need to refer to additional regulatory documents.
More about the issue
According to the current legislation, two acceptable methods of remuneration have been approved:
- cashless;
- money in hand.
In the second case, we are talking about payments that are made at the cash desk of the enterprise against a signature and imply the transfer of the required amount to the hands in cash. As for the opportunity to receive a salary on a card, this procedure involves a mandatory agreement with the bank, in which all funds are automatically sent by the treasury of the institution to the bank branch for further transfer by the employee.
In both cases, it is understood that the funds are transferred to the employee at least twice a month. As a rule, these are the 10th and 20th numbers. We also allow a different method of payment, but this is indicated in the employment contract, and the employee voluntarily agrees to a different schedule for accruing funds.
There may be times when it is not possible to transfer money on time. If the pay day falls on a weekend or a public holiday, the full settlement takes place before that. But not after the holidays. When it comes to vacation pay, the accounting department undertakes to pay the amount of vacation pay at least three days before the start of the vacation time. At the same time, one must remember that it is impossible for the employer to miss the payment deadlines, which entails not only the payment of a penalty, but also possible penalties and legal liability.
Peculiarities
The use of plastic cards to receive wages, of course, is associated with the advantages and significant disadvantages of the process. Thus, the main advantages of this calculation method include:
- the fee is transferred to the accounts at any time of the day and there is no need to stand in long queues at the cashier to receive what is due;
- the possibility of cashing out funds even on weekends and holidays;
- no need to constantly carry a large amount of cash, which is associated with a certain risk of theft;
- if the wallet is lost, the salary will be protected from intruders due to the coding of cards with a code;
- even if the salary was paid on the territory of the Russian Federation, you can withdraw money in any corner of the world where there is an ATM;
- the ability to track your accounts and conduct savings transactions through the use of mobile devices.
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In addition to this rich list of advantages, the complexity and inconvenience of using plastic keepers cannot be ignored. First of all, they are associated with the poor infrastructure of ATMs, which are not only located far from each other, but also do not always provide the opportunity to withdraw money, due to a breakdown or long-term replenishment. Also, older users who find it difficult to figure out how to use ATMs face a number of difficulties.
Another disadvantage is the timing of withdrawal of funds and additional commissions. The accounting department must submit payment documents to the bank within the time limits established by law, no later than the dates of mandatory payments. But, regardless of the date of submission of the report, the salary can be transferred to personal accounts for an additional 10 days, that is, the term for receiving your funds is delayed.
As for the additional fee for using bank services, depending on the terms of service, a financial institution may set a percentage for withdrawing funds or a percentage for replenishing an account. Also, additional money is charged for SMS notifications of subscribers. This is not to mention the limits set for cashing out money.
Implementation procedure
In 2014, significant changes were adopted in labor legislation, which secured the right of an employee to independently choose the banking institution that is more convenient and familiar to work with. Previously, the employer single-handedly determined which bank to cooperate with.
Important! Exceptions to this rule are possible when the settlement of all employees takes place in the same bank, regardless of the desire of the employees, but this is expressly provided for in the contract, and the employee agrees with this procedure for making payments with his signature.
If the employer plans to transfer funds to the cards of a single institution, then it is necessary to organize a mass and centralized receipt of accounts from the bank. As a rule, if it is necessary to simultaneously transfer many employees to the services of a particular bank, bank clerks are invited to the enterprise, who collect copies of documents, as well as applications for opening accounts. Later, when the cards are ready, they are also centrally handed over to all employees. A copy of the account numbers by the bank itself is transferred to the accounting department of the enterprise.
When the salary will be transferred to each employee to the account of the desired financial institution, the registration of payment details falls entirely on the shoulders of the employee. In this case, in order to receive the earned funds on time, you need to submit your financial account details to the accounting department no later than five days before the expected salary day. To formally secure your account for the calculation of salary funds, you need to provide an appropriate application to the employer.
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As for the actions of the accountant, all funds are transferred to the bank in the form of electronic currency from the state budget (at state-owned enterprises) or from the treasury of the company (at private institutions). At the same time, the columns are filled in without specifying the personal data of employees. The report contains only information about the amount of accruals, the purpose of payments, as well as the account number where you need to transfer this or that amount. The deadlines for submitting documents by an accountant are the same as for cash settlements.
Engagement of a third party
According to the general rule and principles of labor relations, remuneration for the work performed can only be received by the subjects of its performance. But, taking into account the whole range of possible features of such legal relations, the legislator has provided a number of exceptions that allow third parties to be involved in financial transactions of such a plan. Transferring salary to another person's card is permissible in such cases:
- the entry into force of a court decision;
- free will of the employee.
The first category of grounds includes those where the content of the court decision expressly states the need for automatic transfer of wages, or part of it, to the card of another person. First of all, this applies to all issues related to the payment of alimony and the evasion of their compensation. This category of grounds also includes decisions in criminal cases, as a result of which the guilty person undertakes to pay material assistance to the injured party for a limited period. The following must be indicated in the judgment:
- payment terms;
- the amount of necessary compensation;
- recipient's bank card details.
In order to transfer salary to another person's card or to your credit card, you should apply with the appropriate application to the company's accounting department. In the application, it is important to indicate a valid reason for such transfers, as well as the exact details of the financial account and the details of the person. If we are talking about temporary payments, then an indication of the terms for using the account is also necessary.
It is important to remember that the employer is not obliged to satisfy this application, especially if it is a question of paying salaries to several accounts at the same time. Therefore, it is better to discuss this issue in advance or indicate a really significant reason for such a calculation.
Based on the foregoing, is it possible to transfer your income from the work performed to the financial accounts of third parties, the answer is of course. But you must remember to follow the procedure for changing card details, as well as the difficulties that may arise if it is necessary to establish the amount of accruals for your work.
