Making a change in salary in an employment contract: how to draw up an additional agreement?

Also, often a crisis occurs at a particular enterprise, debts appear, which leads to a change in the employee's salary down. Be that as it may, any change related to wages must be properly recorded. And our task is to understand how exactly this happens.

Salary

Wages or salaries are fixed monetary remuneration of the employee for the work done. The concept of salary is familiar to everyone and it seems that this concept is inextricably linked with labor relations between the parties in principle.

This is true. If you read article 57 of the Labor Code, you will note one curious detail. In accordance with this normative act, the mandatory conditions prescribed in the employment contract (the act on labor relations between the employee and the employer) include the establishment of wages.

Thus, we can conclude that remuneration is an important component of the interaction of the parties in the sphere of labor, which means that any change in its value or terms of payment must be reflected in the relevant document– Annex to the employment contract.

How to arrange?

If the employer decides that the employee's salary does not correspond to the actions and duties performed by him, then the decision to change the payment is made without delay. Most often, thoughts about changing wages come to the mind of the immediate supervisor of the employee.

And already he reports his opinion to the immediate head of the organization. Regarding the increase in wages, a small meeting is held at which a final decision is made, if it is positive, then the procedure for amending the employment contract to change the salary begins.

Memo on salary increase

So, now that you have understood the importance and necessity of entering changes in wages in an employment contract, let's talk about the correct execution of documents and forms.

Who makes up?

A memo is the initial document that starts the movement of the process to increase wages. This document is compiled by the immediate supervisor of the employee, for example, the head of the workshop or the head of the department.

Form

The memo must have its own strict form of drafting t - 2. This document is drawn up on half of the A4 sheet.

Sample memorandum for salary increase:

At the top of it, it is indicated to whom it was sent, in particular to the head of the organization and from whom. Next, informing the employer begins with the one in respect of whom this note is drawn up.

At the end of the document is the date of its compilation and signature. Do not underestimate the importance of writing this document, write correctly and without errors.

Who approves, where is it transferred?

This note must be presented to the employee himself, and if he agrees with its wording, it is transmitted directly to the secretary of the head.

The employer gets acquainted with the document, decides on its acceptance. Upon acceptance, an order is drawn up, but we will talk about it much later.

Example wording

The note must contain the grounds on which the employee can expect a change in wages. For example, if we are talking about a salary increase, then you need to describe why this particular employee can count on an increase in cash.

Order to amend the staffing table

After the note is accepted by the employer and executed, an appropriate order is drawn up. Consider the basic principles of its compilation.

Who writes?

The order is made by the employer. This local regulation also leaves the seal of the organization. The order can be drawn up both by hand and on a computer, but must have a serial number.

In what form?

The order is drawn up in a clearly approved form T - 5 on an A4 sheet. Above is the name of the organization. The date of the document is also indicated.

The order contains the approval of the proposal to change wages. It is also necessary to write what served as the basis for such a decision. In our case, this is a service note.

An example of an order to amend the staffing table based on a memo:

Further, the order must be submitted for familiarization by all employees. To do this, he hangs himself on the bulletin board and stays there for a while.

Additional change agreement

After the order is issued, it is necessary to introduce new working conditions into the employment contract. For this there is no need to renegotiate the employment agreement, but it is enough just to draw up an additional one between the parties.

How to compose correctly?

Additional agreement to the employment contract for salary change as well as the original employment contract made in duplicate. One of them is attached to your personal file with the employer, where, in place with the original employment contract, they make up the general working conditions.

The second copy of the agreement remains with the employee as a guarantee of his new rights and obligations. The additional agreement does not have a strictly approved form, there are only recommendations for drafting. By the way, an agreement is drawn up on the basis of an order in the form t - 5.

You may also be interested in the article, because a change in salary implies a change in job duties or a transfer to another department.

Wording

The supplementary agreement lists the changes that distinguish the new working conditions from the previous ones under an employment contract. Information about the new salary is entered, and, if available, new functions are listed.

All this information is listed point by point and when clarifying the fact of an increase or decrease in salary, it is necessary to refer to both articles in the legislation and local regulations (memos, orders).

How to compose?

The order is drawn up on the letterhead of the organization in the form clearly established by local regulations in the aforementioned form t - 5. It details which employee, worker, in which position the salary will be increased. Besides, it is necessary to indicate in what amount the salary increases.

At the end of the order, the head's signature, the date of issuance of the order and a reference to the supplementary agreement drawn up are put. All employees of the organization must be familiar with the order.

Sample supplementary agreement to an employment contract for an increase in salary (wage):

Is the pay cut legal?

It often happens that within an organization, a number of positions change their responsibilities. Labor functions are becoming much smaller, which means that wages are significantly reduced.

The reduction in salary should be commensurate with the decrease in the number of duties performed by the employee. Only in this case is a reduction in wages allowed.

If the employer decided to reduce the salary, but at the same time did not release the employee from a number of functions, this is a direct violation of the rights of the subordinate, for which you can be brought to court.

So, the employer must offer a position with a similar salary and functions which the employee will be able to perform with his education, qualifications and health status.

If the subordinate also refuses this position, then the employer has the right to dismiss him under article 77 of the Labor Code, part 7.

Conclusion

Salary change is a very serious procedure, which must be carried out entirely, based on the law. If both you and your employer take this procedure seriously, then you will certainly avoid such unpleasant consequences as improper dismissal and a showdown in the courts.

We hope the article helped you understand the importance of making changes to an employment contract in connection with a change in salary. We also advise you to read the articles and vice versa.