The procedure for transferring wages to a bank card. Transferring salaries to an employee’s card Is it possible to transfer salaries?

Does an employer have the right to refuse an employee and not transfer wages to another bank’s card?

Salaries in our organization were paid in cash. Currently, wage payments are being transferred to non-cash payments. For some reason, the employer determined the bank to which our money would be transferred and which would produce plastic cards for us. But I don’t want to receive a salary from a bank determined by my employer. It is more profitable for me to transfer my salary to a bank where I have loan obligations.

I wrote an application to my employer to transfer my salary to a card from another bank. The employer refused me this, explaining that our organization had an agreement to participate in the salary project.

Does an employer have the right to refuse to transfer wages to another bank’s card? If so, then on what grounds?

Currently, the employer has no legal grounds to refuse to transfer wages to the bank to which the employee himself wishes. The employer had this opportunity until November 2014. Currently, the amended version of Part 3 of Article 136 of the Labor Code of the Russian Federation is in force. In accordance with this rule, the employee has the right to replace the credit institution to which wages should be transferred.

Transferring salary to a card of another bank - algorithm of actions

What does the employee need to do, within what time frame:

1. Submit an application in the name of your employer to transfer your salary to a card of another bank.
2. The application must be submitted five business days before payday or earlier.
3. The application must provide details for the transfer of wages.

What the employer needs to do:

1. Accept the employee’s application to transfer wages to another bank.
2. Study the employee’s employment contract and, if it states that wages are transferred by bank transfer to a specific bank, enter into an additional agreement with the employee. An additional agreement must secure the new bank to which the wages will be transferred.
3. If necessary, issue an order to transfer the employee’s wages to a new credit institution and using new details.

What an employer should not do

• refuse to transfer wages to another bank’s card, citing participation in a “salary project”;
• require additional information from the employee for salary transfers, in addition to the written indication of bank details. For example, require documentary evidence of opening a current account in his name.

To summarize. Transferring salary to another bank's card is an employee's right. He can change the bank - the recipient of his salary - at least every month. It is clear that this can become a headache for the employer, but current legislation does not establish any restrictions on the frequency of changing the method of receiving wages or a credit institution.

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And don't quarrel with the accountant

It used to be like this: whichever card you were given at work, that’s where you receive your salary. On the Internet this was called “wage slavery”: the bank is chosen not by the employee, but by the employer.

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The employer usually chose the bank where it was cheaper for him. For employees, this could mean that the only ATM where they could withdraw their paychecks without a fee was on the other side of the railroad tracks; or that the salary card was accepted only in some stores.

In 2015, the law was improved: now you can ask the employer to transfer money not to the bank where the employer is serviced, but to the one that is convenient for you. This means that you can receive your salary on any card of any bank.

Now, according to the law, an employee receives a salary in any form convenient for him: cash, transfer to a card or bank account.

Article 136 of the Labor Code of the Russian Federation:

Legal language

The employee has the right to change the credit institution to which wages should be transferred by notifying the employer in writing about the change in the details for transferring wages no later than five working days before the day of payment of wages

In Russian

You can choose the bank where your salary comes. To do this, write a statement and give it to your employer. Do this at least five business days before payday.

The only one who might be against it is your accountant. For him it is inconvenient and, most likely, expensive.

Statement

Write a statement and submit it to the accounting department or human resources department. Contact the General Director:

Enter your full name, boss's name and your account details. Print, sign and bring to the accounting department.

If you already have a Tinkoff Black card, ask for an application template from Tinkoff Bank support. Just write to the chat on the website or in the application.

If you don’t have a card yet, apply for it, and along with it they will bring a ready-made application, which you just have to sign

Your application will be accepted without question if you work for a large company or a small agile start-up. Perhaps the accounting department will conclude an additional agreement with you on changing details, which will become part of the employment contract.

In more traditional firms, accounting may be resistant. There are no legal grounds for this, but if your company has only one accountant, then the workload on him will increase. He may send you and your application to hell.

Going to court for this is, of course, stupid, although you have every chance of winning the case. It's easier to come to an agreement.

Talk

It is convenient for the accounting department to pay all salaries to the same bank, because then all payments are made by the bank. If you need to pay to a separate card, the accounting department will have to draw up a separate statement.

It's easy to do this once. But imagine that all your colleagues simultaneously submit the same statements to the accounting department. The employer may have to change the process of paying salaries, and this is an extra headache. If an accountant refuses you, most likely he does not want to create a precedent after which your colleagues will come with the same request.

However, no one is stopping you from politely asking for a favor. Find out who makes the decision and go talk in person.

Don't complain about life and don't download your license, no one likes that. Ask an open-ended question and see what happens:

An open question is a question that cannot be answered with “yes” or “no”. For example, “How do you feel about this?” or “What are you offering?”

Inna Mikhailovna, how can I receive my salary on my card?

If Inna Mikhailovna answers something like “No way, it’s not allowed here,” there is no need to start being rude and pointing at the law. Think about Inna Mikhailovna as a person:

Inna Mikhailovna, I understand that this is expensive for you. But you will make my life much easier if the salary comes to my card. Maybe you can do this as an exception, and I won’t tell anyone?

If your accountant sends you to your boss, don't be afraid. The truth is on your side. The worst thing that will happen is that your salary will be transferred to your old salary card. Speak calmly:

Igor Borisych, it’s inconvenient for me to receive my salary on the Permafrost Bank card. How can we organize it so that it arrives on another card?

If Igor Borisych makes a fool of you and refers to the fact that it has always been this way, you can remember the law:

Yes, I understand that this has always been the case. But I read the law, and it very clearly states that you can receive your salary from any bank. Why can't you pay me to a card from another bank?

Your task is not to persuade Igor Borisych, but to understand what is stopping him. If it’s just mental inertia, then suggest trying it as an experiment. If he knows that it will cost him more, then offer a deal:

Igor Borisovich, how much do you estimate the costs of transferring salaries to another bank? Let's separate them?

Show that you do not want to ruin the employer and are ready to conduct a reasonable dialogue. But don’t give up your positions without a reasoned refusal. It’s one thing - if Igor Borisovich is afraid to take a step to the right, take a step to the left; it’s completely different if it costs him hundreds of thousands of rubles a month.

If you were unable to reach an agreement with either your accountant or your boss, don’t worry. There is another way to receive your salary on a card.

Transfer from a salary card online

1. Money will have to be transferred every time a salary arrives. It will take no more than a minute if you do it through the Tinkoff Bank website or application. But it will have to be done.
2. There is a small chance of running into a commission from the bank through which you receive your salary.

Use the Keep Money website to find out if your bank will charge a fee. Most likely, you will be lucky: banks rarely charge commissions for such transfers.

Is it possible to transfer salary to another person’s card?Many employers have probably asked this question. The answer to this, as well as options for paying salaries, will be discussed in our material.

What is the procedure for transferring wages to a bank card?

In accordance with the provisions of Art. 136 of the Labor Code of the Russian Federation, the employer has the right to pay wages in 2 ways:

1. In cash by issuing through the cash register.
2. By cashless transfer to a bank card.

In this case, the bank to which the employee’s salary will be transferred can be selected:

1. Employer. In this case, the entire staff of the company centrally receives wages in one bank (this is reflected in the collective or labor contract, and when hiring new employees, they fill out an application for a bank card).

Example

Ivanov S.V. was hired by Rassvet LLC, which entered into an agreement with the credit institution PJSC BANK for servicing employee salary cards. Ivanov S.V. should fill out an application to open an account with PJSC BANK, after which he will begin to receive his salary on the card.

1. An employee. In order for wages to be paid to an employee’s personal card, it is necessary to fill out an application indicating bank and account details.

Example

Petrova A.N. got a job at Lily of the Valley LLC. The employee wants to receive her salary on her card, which she had even before joining Landysh LLC. To do this, she fills out an application in which she asks for the salary to be paid to a personal card and provides its details.

Read about the document that establishes the procedure for paying wages.

NOTE! You cannot prevent an employee from receiving payments to the card of any bank he chooses. In this case, the employee must notify you in writing of his desire to receive a salary from another credit institution, indicating new details no less than 5 days before the salary is paid (Article 3 of Law No. 333-FZ dated November 4, 2014).

Is it legal to transfer wages to someone else’s card?

In practice, the question often arises about the possibility of transferring salaries to someone else’s card. The Labor Code of the Russian Federation states that wages are paid directly to the employee himself, with the exception of situations where a different procedure is regulated by federal laws or an employment contract (paragraph 5 of Article 136 of the Labor Code of the Russian Federation).

International law (International Labor Organization Convention No. 95 of July 1, 1949 regarding the protection of wages) provides for such exceptions as:

• the court's decision;
• desire of the employee (Article 5 of the Convention).

Thus, the very fact of transferring an employee’s salary to someone else’s bank account is permitted by the current legislation. For example, alimony, which is part of an employee’s salary, is unconditionally sent to the alimony recipient’s card on the basis of a writ of execution. Consequently, this once again indicates that there is no prohibition on transferring an employee’s salary to someone else’s card.

It is important to note that the employer has the right to refuse to carry out such operations due to the fact that the norms of paragraph 1 of Art. 421 of the Civil Code of the Russian Federation speaks of freedom of contract: forced registration of any relations between subjects of civil law is not allowed. In addition, such a refusal may be due to the presence in the employment contract or other internal document of the employer of conditions regarding the impossibility of performing these actions.

If the employer is not against such a transfer, then in order to make it, the employee needs to draw up an application indicating the details of the card that he chose for the salary transfer. The application must be submitted no later than 5 working days before the payday.

You can download a sample of such a statement from the link.

NOTE! Wages transferred to a third party are not withheld, since they do not fit the criteria of withholding established by Art. 137 Labor Code of the Russian Federation. This means that the employee can indicate in the application any percentage of the payment amount that he wants to receive on a card that does not belong to him.

The presence of an employee’s statement will help justify the ownership of income received by another person, if we consider the possibility of tax risks arising from such transfers.

Since 2016, the procedure for determining the date of withholding personal income tax from income, including wages, has changed. Details - in the article .

Results

Today, transferring salaries to bank cards is the norm, while all labor payments in cash are gradually becoming a thing of the past. The law does not prevent the transfer of salaries to someone else’s card, but it is necessary to prepare an appropriate document justifying this operation.

The employee wanted the company to transfer his salary to his wife’s card. We will tell you what documents he will need to prepare so that there are no problems with the bank.

The company transfers the salary to the employee himself, but the Labor Code allows you to deviate from this rule (). You can transfer your salary to your wife’s card if three conditions are met.

When is it allowed to transfer salary to your wife’s card?

First, the company agreed to transfer the employee’s salary to his wife’s card. If the manager does not agree, the company has the right to refuse.

Secondly, it is necessary to change the employment contract. In it, state that at the request of the employee, the company has the right to transfer wages to the account of a third party.

Third, the employee must write an application to transfer his salary to his wife’s card. In the application, he must write down the bank details - name, INN, BIC, correspondent account, as well as the spouse’s account number. To ensure that the employee does not make a mistake, ask him to attach a bank certificate with his details to the application.

Sometimes companies ask the employee for a power of attorney that he allows his spouse to receive his salary. But for such a case, a power of attorney is not needed.