ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 24, 2007 No. 922

About features of procedure for calculation of the average salary

According to article 139 of the Labor Code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on features of procedure for calculation of the average salary.

2. To make to the Ministry of Labour and Social Protection of the Russian Federation explanations on the questions connected using the Provision approved by this resolution.

3. Declare invalid the order of the Government of the Russian Federation of April 11, 2003 of N213 "About Features of Procedure for Calculation of the Average Salary" (The Russian Federation Code, 2003, N 16, the Art. 1529).

Approved by the Order of the Government of the Russian Federation of December 24, 2007 No. 922

Regulations on features of procedure for calculation of the average salary

1. This Provision establishes features of procedure for calculation of the average salary (average earnings) for all cases of determination of its size provided by the Labor Code of the Russian Federation (further - average earnings).

2. For calculation of average earnings all payment types provided by wages system applied at the relevant employer irrespective of sources of these payments are considered. Treat such payments:

a) the salary added to the worker on the tariff charges, salaries (official pay rates) for worked time;

b) the salary added to the worker for the performed work on price-work quotations;

c) the salary added to the worker for the performed work percentage of proceeds from sales of products (performance of works, rendering services), or commission fee;

d) the salary issued in non-cash form;

e) the monetary reward (monetary pay) added for worked time to persons replacing the state positions of the Russian Federation, the state positions of subjects of the Russian Federation, to deputies, members of elected bodies of local self-government, elected officials of local self-government, members of the electoral commissions acting on the permanent basis;

e) the monetary pay added by the local government officer for worked time;

g) the fees of the workers consisting in payroll of these editions and organizations and (or) the payment of their work performed at the rates (quotations) of author's (production) remuneration added in the editorial offices of mass media and the organizations of art;

h) the salary added to teachers of the professional educational organizations in hours of teaching work over the established and (or) reduced annual academic load for the current academic year, irrespective of charge time;

i) the salary which is finally calculated upon completion of the calendar year preceding event, caused by wages system irrespective of charge time;

j) allowances and surcharges to the tariff charges, salaries (official pay rates) for professional skill, classiness, length of service (length of service), knowledge of foreign language, work with the data which are the state secret, combination of professions (positions), expansion of zones of servicing, increase in amount of the performed works, management of crew and others;

k) the payments connected with working conditions including the payments caused by district regulation of compensation (in the form of coefficients and percentage salary supplements), the increased compensation on hard work, works with harmful and (or) dangerous and other special working conditions, for work at night, work payment during week-end and non-working holidays, overtime payment;

l) remuneration for accomplishment of functions of the class teacher to pedagogical employees of the state and municipal educational organizations;

m) the awards and remunerations provided by wages system;

o) other payment types on the salary applied at the relevant employer.

3. For calculation of average earnings the payments of social nature and other payments which are not relating for payment work are not considered (financial support, payment of cost of food, journey, training, utilities, rest and others).

4. Calculation of average earnings of the worker irrespective of the mode of its work is made proceeding from the salary which is actually added to it and time which is actually worked him for 12 calendar months preceding the period during which for the worker the average salary remains. At the same time the period with 1st on the 30th (31st) day of the corresponding month inclusive is considered calendar month (in February - on the 28th (29th) inclusive).

Average day earnings for payment of leaves and payment of compensation for unused leaves are estimated for the last 12 calendar months.

5. In case of calculation of average earnings time, and also the amounts added during this time is excluded from settlement period if:

a) for the worker average earnings in accordance with the legislation of the Russian Federation, except for the breaks for feeding of the child provided by the labor law of the Russian Federation remained;

b) the worker received temporary disability benefit or maternity allowance;

c) the worker did not work in connection with idle time because of the employer or for the reasons which are not depending on the employer and the worker;

d) the worker did not participate in strike, but in connection with this strike had no opportunity to perform the work;

e) additional paid holidays for care of handicapped children and disabled people since the childhood were provided days to the worker;

e) the worker in other cases was exempted from work with complete or partial preserving the salary or without payment in accordance with the legislation of the Russian Federation.

6. If the worker had actually no accrued payroll or actually fulfilled days for settlement period or for the period, the exceeding settlement period, or this period consisted of time excluded from settlement period according to Item 5 of this provision, average earnings are determined proceeding from the wages amount which is actually added for the preceding period equal to settlement.

7. If the worker had actually no accrued payroll or actually fulfilled days for settlement period and prior to the beginning of settlement period, average earnings are determined proceeding from the size of the salary which is actually added in the days which are actually worked the worker in month of approach of case with which preserving average earnings is connected.

8. If the worker had actually no accrued payroll or actually fulfilled days for settlement period, prior to the beginning of settlement period and before case with which preserving average earnings is connected, average earnings are determined proceeding from the tariff charge established to it, salary (official pay rate).

9. In case of determination of average earnings average day earnings in the following cases are used:

for payment of leaves and payment of compensation for unused leaves;

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