The procedure for transferring wages to an employee’s card. Transferring salary to a card: sample application

27.02.2024

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Lawyer, Volgograd

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Good afternoon, Maxim!

The method of receiving wages and choosing a bank is the absolute right of the employee. The employer does not have the right to impose his own conditions. And of course, he cannot fire you for this for the following reasons:

The possibility of transferring an employee’s salary to his bank account is provided for in Article 136 of the Labor Code of the Russian Federation. Part three of this article states that wages are paid to the employee, as a rule, at the place where he performs the work or is transferred to the credit institution specified in the employee’s application, under the conditions determined by the collective agreement or employment contract. 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.
This wording appeared in the law as a result of changes made to part three of Art. 136 of the Labor Code of the Russian Federation by Federal Law of November 4, 2014 N 333-FZ. The previous version of this norm did not mention the employee’s written statement as a document that initially determines and subsequently changes the name of the bank and details for the transfer of wages. The salary should have been transferred to the bank account specified by the employee on the terms determined by the collective agreement or employment contract. Based on this norm, many experts actually concluded that replacing a credit institution specified in an employment or collective agreement is impossible without making changes to this document and that the employee does not have the right to demand that the employer pay wages to an account in any bank. This approach is also reflected in judicial practice. For example, the Irkutsk Regional Court, in its ruling dated March 16, 2012 No. 33-2138/12, indicated that there are no grounds for recognizing as unlawful a refusal to transfer wages to an account in a bank chosen by an employee if the organization’s current wage payment procedure does not provide for such an employer’s obligation and there is no agreement between the parties on such transfer.
It is impossible to say that such an approach has a right to exist at present. New edition of part three of Art. 136 of the Labor Code of the Russian Federation excludes the choice of a credit institution from among the issues that are resolved by agreement between the employer and the employee or team. The law now directly assigns to the employee the right to choose a bank and the right to change it at any time by submitting an application, that is, unilaterally without signing an additional agreement with the employer. The news about this was reported in the media under the loud headline “Wage slavery has been abolished.” As follows from the explanatory note to the bill, the amendments are aimed at improving the competitive environment in the banking services market, expanding the ability of credit institutions to compete for funds and receive income from their placement.
The fact that the parties to the employment contract (appendix or additional agreement to it) agreed on the transfer of the employee’s salary to a specific credit institution cannot be considered as a circumstance preventing the bank employee from replacing him at his own discretion. By virtue of Art. 9 of the Labor Code of the Russian Federation, collective agreements, agreements, and employment contracts cannot contain conditions that limit the rights or reduce the level of guarantees of workers in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application. Thus, agreements with the employer that limit the employee’s right to choose and change a bank established by the Labor Code of the Russian Federation cannot be applied.
So, currently, by virtue of the direct instructions of federal law, the employee has the unconditional right to choose any bank to receive wages. This most likely explains the lack of judicial practice for the current year on this issue.
Source SPS "Garant"

Accordingly, you need to write an application indicating the personal account where to transfer wages in two copies. Keep one copy with the employer's mark of receipt. And if the payment of wages according to the details specified in the employee’s application does not happen. File a complaint with the Russian Labor Inspectorate regarding the employer’s violation of labor legislation.

The employer will be held administratively liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

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Since November 2014, the employee has the right to independently choose the bank to which the salary will be received on a monthly basis. Previously, this right belonged exclusively to the employer. The employment contract specified the bank to which the salaries of all employees were received. Now, based on the employee’s application and the drawing up of an additional agreement between the employer and the worker, you can receive your salary on a card from another bank. Today we will talk about how to draw up such a statement and how possible it is.

Why do such situations happen?

Each organization draws up a salary project with the bank under certain conditions. For the company itself, the conditions offered by banks are more interesting, and it often does not take into account the wishes of its workers. The organization transfers funds to a bank account once or twice a month with one payment order, and issues identical bank cards to all its employees.

But the company employee himself may not be entirely comfortable using the proposed bank:

Inconvenient location of terminals and ATMs. Many people are accustomed to withdrawing funds or paying various payments through technical devices of banking organizations located near their home or in the nearest shopping center. But the ATMs of the bank chosen by the employer may have an inconvenient location for a particular employee.
Office opening hours. Not all banking organizations are ready to work 12 hours a day, seven days a week. Some financial companies have offices open 8 hours from Monday to Friday, which may coincide with your work schedule. Therefore, contacting bank specialists directly can be difficult, which is also a negative factor.
The bank has poor performance and its performance becomes illiquid. In this case, the Central Bank warns a specific banking organization about the possible closure of its license. And if you have a bank account with this bank, we also recommend writing an application to transfer your salary to a card of another bank.
There are no quality bonuses from participating in the salary project. Many banks offer discounts in the form of reduced interest rates on loans or mortgages for those clients who participate in the salary project. Therefore, a person receiving a salary from a certain bank expects benefits when applying for a loan, but not all banking organizations offer acceptable conditions.

It should be noted that every citizen of the Russian Federation has the right to receive wages from another bank.

How is an application made?

How to transfer salary to another bank?

Transferring your salary to a card account in another bank is possible only upon your application. In this case, such an appeal addressed to the employer is drawn up no later than 5 working days before the expected payment.

It is necessary to fill out a standard form, which can be obtained from the accounting department, or write a handwritten application addressed to the manager with a request to transfer wages to an account opened in another banking organization. The sequence of actions will be as follows:

1. Contact the accounting department to write an application.
2. Compose an application in which you indicate the details of an account opened with a third-party bank. In the future, your salary will be received through this bank.
3. The application is signed by the boss and chief accountant at your enterprise.
4. If necessary, you will need to sign an additional agreement in connection with changes to the employment contract.
5. From now on, the funds will be transferred to another account using your details.

What should you pay attention to here? The main thing is that the employer does not have the right to refuse such a request. According to the law, you can want to change banks at any time. It is your right. If, nevertheless, the employer refuses, referring to the employment contract, demand a written refusal, and with this document you can safely contact the trade union or the prosecutor's office, since such a refusal is unfounded.

Is it worth writing such a statement?

You need to carefully consider whether the change is worth it. Yes, if you are comfortable using another bank, and the employer does not mind at all, then, of course, you should use this service. An organization, as a rule, has a partnership with only one specific bank and, as a result, the salary project is also one. And for the sake of one employee, a salary project transferred to another bank is a utopia.

Therefore, although the company is unlikely to refuse you, you will have to apply for a debit card yourself. And, as a result, you will have to pay an additional fee for servicing the card, account and other conditions, which you can familiarize yourself with directly at the bank of your choice.

Moreover, you will become a debit card holder, not a salary card. And those bonuses that participants in the salary project can receive will not be available to you, i.e. there will be no reduced interest on loans or mortgages. And for your employer, this is additional paperwork for the accounting department, which can cause a certain conflict. Therefore, first weigh the pros and cons.

Maxim Pogorelov

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:

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

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

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.

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.

Depositing your salary onto a card makes the payment process easier and more convenient. Both the company's employees and its management receive additional advantages and benefits. At the same time, employees retain the right to choose an institution or refuse to receive funds by non-cash means.

How are wages calculated on the card?

Most often, wages are paid to employees within the framework of a salary project. The company is not required to open a bank account, but this will significantly simplify and speed up labor relations.

If an organization plans to draw up a salary project, it happens as follows.

The company enters into a service agreement with a financial institution.
If necessary, the company opens a bank account.
Responsible employees of the enterprise provide the following information:

employee register;
salary schedule;
personal data of cardholders;
consent of employees to transfer salaries to the card.

4. The employment contract reflects the procedure for issuing wages.

5. Each employee writes an application to transfer wages to a bank card.

Money is credited to employee cards on behalf of the company.

The company prepares a list of names with the transfer amounts.
The information is submitted by the company to the bank.
An operator of a financial institution processes the request and transfers funds from the company account to employee cards.

The advantages of depositing wages are that the credit institution has a large network of ATMs. Citizens have access to free withdrawal of money in almost any region. There is no commission for cashing out funds. If desired, employees can arrange for themselves:

entry-level Visa Electron, MasterCard Maestro;
classic cards Visa Classic, MasterCard Standard;
gold cards Visa Gold, MasterCard Gold;
premium cards Visa Platinum, MasterCard Platinum.

Sample application for transfer of salary to card

There is no generally approved application form for transferring salary to a bank card. The company independently develops a sample. The document should display the following information:

who is applying;
employee's position;
name of the enterprise;
essence of the application: request to transfer money to the card;
effective date of the changes;
bank details: name, account number, card number;
date and signature of the applicant.

Paying wages to a card: advantages and disadvantages

Key benefits for employees:

There is no need to stand in line at the cash register several times a month.
It is possible to transfer funds directly to or to the account of third parties - time is saved on repaying debts.
An overdraft can be connected to a classic salary card, which will be automatically repaid when funds are credited to the account.
The card is used not only to receive salaries, but also for money transfers and withdrawal of electronic money.
The client does not need to carry money with him - cards are accepted for payment in supermarkets, pharmacies, and various stores.
When connecting to an Internet banking or mobile banking system, citizens can pay for housing and communal services, the Internet, telephone, educational institutions, fines, etc. on the Internet.
When applying for a loan from the bank through which salaries are paid, a citizen will not have to confirm income and provide a lot of certificates.
You are allowed to connect an additional one to your salary card. During an employee’s business trips, his family will be able to withdraw money from the account within the approved limit.
Banks offer cardholders various bonus programs and discounts at partner stores.
By connecting an SMS information system to the card, the client will always have the necessary information. Information becomes available to him about how much money is in the account, when the next funds were credited, what commission was applied, etc.
If an employee does not withdraw the entire amount from the “plastic”, interest is charged on the remaining funds, similar to a deposit.

For a company, transferring wages to employees’ bank cards is also beneficial:

Collection costs are reduced. The employer does not need to deliver the money to the company's cash desk.
An accountant has more free time. He does not need to give money to all employees. The result of processing the statement is available for viewing on the Internet.
Employees do not leave for several hours during working hours to get paid.
The company has the right to order the issue of cards with

The staff receives a salary for their work. In accordance with labor legislation, due money can be accepted not only in cash, but also on a card. Any employee has this right. But for this he needs to write. The features and necessity of its design are in this article.

Ways to receive wages

The Labor Code, namely Article 136, establishes a general procedure for transferring wages to all employees - by issuing the funds due at the cash desk at the place of work. Meanwhile, the legislation allows for transfer of salary to card. This condition must appear in one of the following documents:

in the employment agreement;
in the collective agreement.

In them, the employer can indicate the mechanism for making payments. For example, the accounting department can transfer the entire salary to the card.

Some employers prefer to issue an advance in hand. At the same time, a percentage ratio between cash and non-cash funds can be established.

Management often enters into agreements with banks to service the enterprise. All employees of the organization become participants in the salary project. They receive plastic cards, to which the accounting department subsequently transfers funds. In this case, it is more convenient for employers to immediately transfer the entire amount of wages to the accounts of their employees.

Keep in mind: an employee is not required to receive a salary card from a specific bank on the instructions of the manager. He has the right to independently choose a financial institution convenient for himself to which the company will transfer salary on card.

Who pays

All costs of transferring salaries to employees are borne by the employer. You cannot charge employees for this. This applies not only to cases when all employees are participants in the salary project, but also when they have chosen their bank to make payments.

The employer can take into account the costs incurred when calculating the amount of taxable profit. Such expenses can be included in the category of non-operating or other. The basis for attribution is the accounting policy of the enterprise.

Why do you need an application?

We repeat: having written down the transfer condition salaries on card, the employer cannot oblige the subordinate to receive money in exactly this way. This desire is voluntary. Therefore, you can make a cashless transfer only after receiving written consent from the employee. That's what it's for application for transfer of salary to the card. Sample below will help you understand which details you need to remember.

At any time, an employee can choose another bank and declare his desire to receive wages in it. You need to notify your employer about this at least five working days before the payment is made. In the new application for salary transfer to card All details necessary for the transfer must be indicated.

How to compose

It's very convenient that application for salary transfer to card has a free form. It must contain the following information:

FULL NAME. and the position of the compiler;
FULL NAME. and the position of the recipient;
the basis for the transfer of funds (you need to refer to Article 136 of the Labor Code of the Russian Federation);
details necessary to complete the transfer;
date of compilation;
compiler's signature.

Translation of travel allowances

Any accountable amounts, including travel allowances, can be transferred by the head of the organization to a simple debit or salary card of the employee. This opportunity should be reflected in the company's internal documents.

Before making a transfer, you need to receive a corresponding statement from the employee, in which he expresses his desire to receive the funds due on his card.