In what cases does the salary change?
The most common option for changing salary is increasing it. Usually it occurs when the employee’s labor productivity is high, his special services to the company, for the purpose of additional motivation, as well as due to some other general reasons.
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Salary reductions also sometimes happen. Most often this is due to the financial problems of the organization or the ineffectiveness of a particular employee. In any case, such an unpopular measure must also be accompanied by writing an order to change the salary, even in cases where the reduction occurs by a not very significant amount.
Remember, an important rule to follow is that before reducing an employee's salary, he must be notified in writing at least two months in advance.
During this time, a person can decide for himself whether he will look for another, more financially suitable job or whether he is ready to remain in his previous position, but at a lower salary. It should be noted that the employee has every right to refuse those new financial conditions that are included in the order, without giving up his job.
In this case, by law, the employer is obliged to offer him in writing another position (higher or lower in rank, but corresponding to the level of qualifications and health). If it is not possible to reach an agreement, then you will have to seek a solution to the conflict in court.
Opportunities to increase or reduce salary
The wages of employees of a budgetary enterprise are prescribed in the provisions of the labor or collective agreement.
A salary reduction is possible only if the terms of the employment contract are revised during negotiations between the employee and the director of the organization (Article 72 of the Labor Code of the Russian Federation).
You can increase the permanent part of your salary for the following reasons:
- the desire to bring wages in line with certain economic indicators;
- incentives for one or more employees;
- introducing an additional measure of staff motivation.
The director of the enterprise can change the remuneration of employees for work upward as many times as he likes, even every month; there are no restrictions for this action. In most situations, the company's management takes as a basis the rules prescribed in local documentation, which stipulate the reasons and dates for the increase.
In any case, an order must be issued. For salary increases and decreases, they are slightly different. When cutting a fixed portion of your salary, there are many more steps required.
It is important to remember that when drawing up a sample order to change the salary, changes must also be made to the staffing table. It is enough to include such a clause in the first document.
The procedures for salary increases and wage indexation should not be confused. The main difference is that a company director can increase the salary of one employee or a group of people by different amounts and at any time (without allowing discrimination in wages). Indexation applies to all personnel of the organization, and after it the salary increases by the same percentage for all employees.
Grounds for ordering a salary change
Any order, including this one, must have some basis. In this case, such a document may be a presentation or memo from the head of a structural unit, a change in the staffing table, etc. The basis must necessarily indicate
- the circumstances under which it is proposed to change the employee’s salary,
- brief description of the employee,
- and also the size of the current salary and the one that is proposed to be assigned is stated.
In this case, one nuance should be taken into account: if a salary increase in most cases must be accompanied by a written proposal from the head of the department in which the employee works, then for a reduction no documents from the line manager are needed.
Rules for drawing up an order
There is no standard unified template for drawing up an order to change the salary, so the document can be drawn up in free form. Some organizations have specially developed, mandatory internal order templates (which must be registered in the enterprise's accounting policies). In any case, the document must contain a number of necessary information. These include :
- Company name,
- date of the order,
- text of the order,
- persons responsible for its implementation.
The order may concern either one employee or a number of employees, regardless of their status in the company and their affiliation with a particular structural unit. If several employees are entered into the order at once, then information about each of them must be indicated in a separate paragraph, entering into the document the position, the department in which the person works, as well as the new amount of his salary (in numbers and in words).
How to change the form of payroll calculation at an enterprise?
To register the employment relationship, an employment agreement is concluded between the employer and employee. It must reflect the rules and technology for paying wages. When creating a document, you must be guided by Article 57 of the Labor Code of the Russian Federation.
Article 72 of the Labor Code of the Russian Federation states that any adjustments to an employment contract are made only by mutual consent of the parties who entered into it.
However, there are some exceptions, which are also mentioned in the Labor Legislation.
The circumstances on the basis of which the remuneration system may change are regulated by Article 74 of the Labor Code of the Russian Federation. They are mainly associated with changes in working conditions - technological and organizational.
More detailed situations are described in the regulatory act. For example, these could be:
- change in production technology;
- carrying out reorganization measures affecting the structure of the company.
The list of reasons, the occurrence of which gives the right to make adjustments to the established wage system, does not have clear restrictions. In this regard, in the process of changing the terms of calculation and payment of wages, a conflict may arise between the parties to the employment agreement. The reason for its occurrence is the disagreement of the employee.
In this case, the head of the company must prove that he is right.
If he does not find evidence confirming the validity of the actions taken, they may be considered unlawful.
If there are no compelling reasons for introducing changes, they can only be adopted with the consent of the employee.
Upon receipt of a refusal to accept new terms of remuneration, the employer must offer the employee to take another position.
The appeal must be submitted in writing. The vacancy is selected taking into account the health status of the working citizen. In the absence of such, the employment relationship may be terminated.
The terms of remuneration may be reflected not only in the labor and collective agreement, but also in the relevant Regulations. When changing the system, additional agreements must be concluded with employees. If there is a Regulation, its new version is published.
Registration at the initiative of the employer
It is possible to change the wage system only if there are objective grounds, which are provided for in Article 74 of the Labor Code of the Russian Federation.
Any adjustments must be made accordingly.
Making changes involves performing actions that must be performed in a certain sequence:
- Sending a notification to employees about upcoming adjustments.
- Receiving a response from an employed citizen.
- Offer to take another position (if changes are refused).
- Issuance of an order. Depending on the situation - about terminating the employment contract or changing its terms.
Each document must be drawn up in accordance with established rules.
Employee Notification Form
The notification is a document that, in this case, must reach the employee no later than 2 months before the planned date of entry into force of the changes. This period is considered minimal.
If possible, the manager should notify the employee of changes as early as possible.
If the employer is an individual, notice must be sent 2 weeks before the adjustments are made.
Leaders of religious institutions notify employees 7 days before implementing changes.
The notification is issued in free format. To write it, you can use the organization’s letterhead, if available.
The paper contains the following information:
- information about the employer;
- Title of the document;
- initials and position of the worker;
- justification for the need to make adjustments - a detailed indication of the reasons for making the changes;
- date of implementation of the new remuneration system;
- line to mark the employee’s decision;
- date of document execution;
- manager's signature.
notifications about changes in the form of remuneration - word.
Is written consent required from the employee?
Article 72 of the Labor Code of the Russian Federation reflects the moments upon the occurrence of which the employer has the right to make adjustments to the established wage system without the consent of the employee.
The remaining rules for documenting this process must be followed.
In the notification that the employer sends to the employee, there is a special field in which the working citizen puts a mark on his decision - whether he accepts or rejects changes in the terms of remuneration. Further management tactics depend on the employee’s response.
Sample order
Changes of this type come into force after the relevant order is issued. There is no unified form for its preparation; therefore, it is permissible to use a form developed by the enterprise.
The document must reflect the following information:
- company information;
- place and date of issue of the order;
- name of the documentation;
- text of the order:
— reference to Article 135 of the Labor Code of the Russian Federation, in accordance with which changes are being made;
— initials and position of the employee;
— the date from which the changes come into force;
— indication of the person responsible for concluding an additional agreement with the employee;
— indication of the person responsible for executing the order;
- initials and signature of the general director of the enterprise.
If the company has a collective agreement, before issuing an order, it is necessary to change the general provisions regarding technology and wage conditions. The rules for making adjustments of this nature are reflected in Article 44 of the Labor Code of the Russian Federation.
order to change the wage system – word.
Technology for making adjustments to the Regulations
Before making changes to the Regulations, the intention to take this action must be communicated to the union employees.
The chairman of this body is notified in advance of upcoming adjustments to the document.
After this, a meeting takes place at which the head of the company voices the reasons for which the need to implement changes arose.
It is important that the new conditions should not be worse than the previous ones.
The next step is to develop a new Regulation. After its approval with the help of an order, the previous version is invalidated.
How to place an order
There are also no strict rules for placing an order. It can be printed either by hand or on a computer, both on company letterhead and on a regular A4 sheet.
Mandatory condition: it must be certified by the signature of the head of the company, as well as those employees who are appointed persons responsible for its execution.
There is no need to certify it with a seal, since it relates to the company’s internal documentation; in addition, since 2021, legal entities are exempt from the obligation to affix seals and stamps on their papers.
The order is usually drawn up in a single copy, and after it is executed, it is transferred for storage to the archive of the enterprise. There he should be kept for exactly the amount of time required for such documents.
It should be noted that this order is automatically accompanied by changes to the working conditions specified in the employment contract, so an entry about this should be made in the contract with the employee in the form of an additional agreement certified by both parties.
It is also necessary to reflect the necessary changes in the organization’s staffing table.
How to write an order for a salary increase
Many employers ask the question of how to draw up an order to increase wages or salaries. Keep the following in mind:
- There is no established template for an order to increase wages for employees.
- Registration takes place in accordance with the general requirements defined for this type of document.
An order to increase salary is issued on the institution’s letterhead. It indicates the date and place where it was compiled. The document is assigned a serial number. The text consists of a preamble and a main part. The preamble contains the basis for issuing a local act, if necessary, with reference to regulatory documents. The main part reveals the essence of the content.
The salary order is signed by the head of the institution. The order must be familiarized to all persons mentioned in it and those to whom it applies.
An example of drawing up an order to change the salary of an employee
Filling out the document header
At the beginning, the full name of the company is indicated, below in the center of the line they write the word “order” and its number according to the internal document flow of the enterprise. The next line contains the date the order was drawn up and the locality in which the company is registered.
Filling out the “body” of the document
The basis for issuance is written into the “body” of the order, after which the actual essence of the order is drawn up.
- The first paragraph indicates the position of the employee, his last name, first name, patronymic, as well as the new official salary and the date from which it should be calculated.
- In the second, an order is given to a specific specialist in the accounting department to take the first point into service and ensure the implementation of the order in terms of its practical implementation.
- The third paragraph is similarly entered into by an employee of the personnel department, who must familiarize the interested employee with this order.
