Surcharge for combining professions should not be included in the basic salary of an employee, which is compared with the minimum wage (regional minimum wage). This conclusion was reached by the Constitutional Court of the Russian Federation in a decision of December 16, 2019 No. 40-P.
The court recalled that each employee should be equally provided with a salary of at least the minimum wage (minimum wage in the constituent entity of the Russian Federation), and an increased payment if the work is performed in conditions deviating from normal, including when combining professions (positions).
Otherwise, the monthly salary of workers involved in performing work in conditions deviating from normal would not differ from the salaries of people working in ordinary conditions. This would lead to a disproportionate restriction of the labor rights of workers who agreed to work under conditions deviating from normal, and would conflict with the constitutional principles of legal equality and justice.
At the same time, the court indicated that the interrelated provisions of Articles 129, 133 and 133.1 of the Labor Code of the Russian Federation did not imply the inclusion in the salary of an employee, compared with the minimum wage (minimum wage in the region), an additional payment for work performed in combination with professions.
This means that the supplement for combining professions should be taken into account in excess of the basic salary, the amount of which cannot be lower than the minimum wage (minimum wage in the region).