Order to change the salary: in what case the salary is changed, a sample document. Order to change salary: instructions for different cases Order to approve official salary


The salary can be changed either upward or downward. The execution of the procedure may have its own nuances, depending on why such a need arose. The salary amount is a mandatory condition of the employment contract (paragraph 5, part 2, article 57, article 135 of the Labor Code of the Russian Federation), which means that any changes require the execution of an additional agreement to the employment contract.

Please note that if a company has adopted a staffing table, it is impossible for one employee to raise the salary and leave another, who occupies the same position, at the same level. The salary is tied to the position (Article 22 of the Labor Code of the Russian Federation), and not to a specific employee. Otherwise, there is a reason to recognize discrimination under Art. 3 and Art. 132 Labor Code of the Russian Federation. In such a situation, you will either have to raise the salaries of all employees who hold the position, or introduce a new position with a higher pay.

Salary increase

The increase usually occurs for several reasons:

  • high performance and exceeding the plan;
  • certification results;
  • training;
  • change in job responsibilities;
  • new functions for the employee;

In this case, the head of the department in which the employee serves writes a memo addressed to the head of the organization, in which he sets out the reasons for the promotion and gives a general description of the employee. This is followed by the manager’s order to increase pay and the drawing up of an additional agreement to the employment contract.

Salary reduction

Payment reduction occurs only in case of serious reasons. Article 74 of the Labor Code of the Russian Federation determines that the terms of an employment contract can be changed due to organizational or technological working conditions. This could also be:

  • changes in technology and production technology (for example, the introduction of new equipment, which led to a reduction in the workload of the employee);
  • structural reorganization of production (exclusion of any stage of the production process, which also led to a reduction in load);
  • other transformations of organizational or technological working conditions that reduce the intensity or complexity of an employee’s work

In this case, the procedure is more complicated. A mandatory step will be to notify the employee within two months of the reduction in wages. This period is necessary for the employee to decide whether to continue his employment relationship with the employer under the new conditions. If the employee does not agree to work under the new conditions, a document is issued terminating the employment contract. If you agree, an additional agreement to the employment contract regarding remuneration.

Rules for drawing up an order and storage periods

The order to change wages, a sample of which you will find below, does not have a unified form, therefore it can be drawn up in any way, indicating the reasons for the changes being made.

We issue an order to change the salary of employees

Let's look at the compilation step by step.

Step 1. The employee’s immediate supervisor prepares a memo addressed to the organization’s management.

Step 2. If management agrees with the promotion, based on the note, the HR department makes changes to the staffing table and prepares a corresponding order. The document indicates the date from which the employee will receive an increased or decreased salary, and the amount of the new one (the description of the notification procedure in case of a decrease in salary is described above).

Step 3. The employee is introduced to the order and signed.

Order to change the wage system, sample

Order storage periods

In accordance with the List of standard management archival documents that are formed in the course of the activities of state bodies, local governments and organizations, indicating storage periods, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558, orders to change wages are stored for 75 years.

Although the current labor legislation does not contain a direct requirement for the employer to issue any administrative document on an increase or decrease in salary, it is used by some structural units, for example, the accounting department. It should be remembered that it does not replace a written agreement with the employee, which is mandatory and drawn up in the form of an additional agreement to the employment contract.

In what cases does the salary change?

An increase or decrease in wages of public sector employees occurs, as a rule, in connection with indexation, changes in the structure of the employer and are introduced by regulations of the relevant executive authorities.

It can be:

  1. Orders of the Government of the Russian Federation (Ministry of Internal Affairs of Russia, Ministry of Health of Russia, etc.)

    Sample order to change salary

  2. Resolutions of the executive authorities of the constituent entities of the Federation.
  3. Resolutions of Municipal Administrations.
  4. Letters and memos from higher authorities of the company.

A wage reduction can be initiated on the basis of Article 74 of the Labor Code of the Russian Federation - only for reasons related to new organizational or technological working conditions. The list of grounds is closed.

The employer is obliged to notify the employee in writing of the upcoming changes, as well as the reasons that necessitated the need for innovation, no later than two months in advance. The size of the increase, its frequency, minimum and maximum wages are set by the relevant government body, local government or employer (however, it cannot be lower than the minimum wage).

Changes in salary and staffing

In most cases, if innovations concern all personnel, and the organization maintains a staffing table (SH), the employer formalizes the changes in the form of a SH. Amendments to it are made in accordance with the order of the head of the organization or a person authorized by him. You will find a sample SR below.

If the changes affect only part of the staff, it is more advisable for the employer to draw up an order to change salaries in free form. To do this, use our sample.

It should be remembered that if the organization has a ShR, a new salary is assigned to the position. Therefore, if a position is occupied by several employees, and only one of them needs to increase their salary, a new position will have to be introduced.

Unified form T-3

Sample order for approval of ShR

Sample order to change salary, unified form

Sample order to change official salary

Basis for change order

The registration process is initiated directly by a memo from the responsible person, an order from the head of the employer, an order from the parent company, orders and resolutions of executive bodies, etc. - depending on the organizational structure and subordination of a particular company, the rules of documentation support. However, the basis for drawing up a personnel document is a written agreement with the employee and only that.

Who draws up the order

All documents that relate to personnel records are usually compiled by personnel officers, employees of the labor and salary department.

Compilation rules

Since the procedure and rules are not regulated by law, it can be drawn up in any form. At the same time, in institutions and organizations of the public sector, the document must contain a link to the main administrative document of the parent company (or central office), the legal basis.

The rules for execution are no different from any other management personnel document, namely: the order must contain all the necessary details - the date of preparation, the date of entry into force, describe in detail the circle of persons to whom it applies, have the necessary visas and approvals.

An employee’s immediate supervisor asks for an increase in salary. He draws up a memo. As for reducing the official salary, the desire of the line manager is not taken into account. The salary amount can be reduced only for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation). These could be changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production. The main thing is that the employee’s position does not worsen in comparison with the terms of the collective agreement or agreement. Otherwise, if the employee goes to court, the change in salary will be declared illegal.

Based on the memo, an order is being prepared to amend the staffing table, which notes how the salary changes: increases or decreases.

Speaking about increasing and decreasing an employee’s official salary, we must not forget that the terms of remuneration (including official salary) are mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation). If a mandatory term of the contract needs to be changed, the employee and employer must enter into an additional agreement in writing.

The process of salary reduction should be examined in more detail. The employee should be notified in writing of an upcoming unilateral change to a mandatory condition of the employment contract no later than two months in advance (Article 74 of the Labor Code of the Russian Federation). This is the general rule. There are two exceptions to this. For an individual employer, the threshold is set at 14 calendar days (Article 306 of the Labor Code of the Russian Federation).

Tip 1: How to draw up an order to change the official salary

A religious organization is given 7 calendar days to do this (Article 344 of the Labor Code of the Russian Federation).

The employee is given a notice, which he receives against signature. If an employee does not agree to work under the new conditions, the employer is obliged to offer him another job in writing. This can be either a vacant position or work corresponding to the employee’s qualifications, or a vacant lower position or lower-paid work that the employee can perform taking into account his state of health (Article 74 of the Labor Code of the Russian Federation). To do this, the employee is given a list of suitable vacancies (indicating the amounts of official salaries) against signature.

So, an additional agreement to the employment contract on changing the official salary was signed. Next, you need to prepare an order. The difficulty is that there is no unified form for such a case. Therefore, the order is drawn up in free form. This order completes the process of changing the employee’s official salary. Next, the personnel officer familiarizes the employee with the order, gives a copy of it to the accounting department to calculate wages, files the necessary documents in his personal file, etc.

How to apply for a salary increase

An increase in wages for public sector employees is necessarily accompanied by the issuance of an order. The law obliges the employer to release it for the following reasons:

  • increasing the minimum wage (Art.
  • changes in working conditions (Articles 74, 146 of the Labor Code of the Russian Federation);
  • indexation (Article 134 of the Labor Code of the Russian Federation);
  • transfer of an employee to another job with an increase in salary (Articles 72.1 and 72.2 of the Labor Code of the Russian Federation).

Since 2013, unified requirements for personnel documentation have been abolished, so it is possible to issue acts of salary increases in any form or based on a template developed in the organization itself.

How to issue an order to change the salary: 9 rules

It is only important to comply with the norms of office work regarding the structure of the document and the rules of the Russian language.

What is the difference between salary and salary?

These terms are close in meaning, but not identical. Both relate to the economic component of the worker's work. But there are fundamental differences between them.

Salary is the basic part of the salary, not subject to change, which is prescribed in the employment contract or annex to it. Salary is a system of accruals of various types, including:

  1. Salary.
  2. Allowances for hazardous production.
  3. Percentage of sales.
  4. Awards.
  5. Bonuses.

Insurance payments for the employee to extra-budgetary funds are deducted from wages. If its size increases, as a rule, all its structural elements increase simultaneously.

What is the difference between a salary increase and indexation?

The decision to increase remuneration is made by the head of the budget organization. It can refer to one employee or to a specific group.

Indexation, in accordance with the legislation of the Russian Federation, is a mandatory measure. Every employer must carry it out. During indexation, the salary portion of wages is increased for all employees without exception. The purpose of this procedure is to increase the income and purchasing power of workers. Due to rising inflation, the latter regularly falls.

How often and for what reasons can you increase your salary?

The employer independently decides which employees deserve a salary increase. Typically, selection criteria are associated with exceeding production standards, good sales results, and exceeding plans. The frequency of payments and specific amounts of remuneration are also determined by the head of the organization. They can be very different, depending on the current financial situation of the enterprise.

Who writes the order to increase wages?

Compilation is usually entrusted to the employee who prepares administrative papers. Typically this is:

  • HR/HR department employee;
  • secretary/office manager;
  • legal advisor

Whoever draws up the document must be signed by the director of the organization. Without a signature, the paper will not have legal force.

Basis for the order

The basis may be a memo from the head of a structural unit.

In addition, the document must have a justification, that is, reasons (for example, high labor productivity, extensive work experience for the enterprise, exceeding the norm).

Registration procedure

Such a document can be drawn up in any form. If the organization has adopted an internal template, it is better to use it.

The paper must include a header containing the name of the organization, the title of the document, its number, place and date of preparation.

The requirements for the main part are more extensive; it must indicate:

  • justification of the document;
  • the essence of the order (to whom it is intended, by what amount the salary is increased);
  • order the accountant to recalculate wages and familiarize employees with the decision;
  • link to the basis for the order (memo, etc.).

There are no special requirements for the appearance of the paper, nor for its shape. It is allowed to write an order both on the company’s letterhead and on a blank sheet of paper. You can type the text on your computer or write it by hand. The only requirement is the presence of a “live” signature of the manager and all persons responsible for the execution of the order.

It is not necessary to certify the paper with a seal, unless otherwise specified in the organization's regulations.

Sample order for salary increase

Sample order for a salary increase for all employees

How long and how to store

The order should be stored in a separate folder with other administrative papers. The storage period is established by the legislation of the Russian Federation and may be regulated by local regulations. As a rule, in budgetary organizations this period is at least five years. The documents are then disposed of.

A salary change order is the main administrative document on the basis of which an employee’s salary is increased or decreased. Without it, this procedure will not be considered a complete and legal procedure.

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.

FILES

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.

Grounds for ordering a salary change

Any order, including this one, must have some basis. In this case, such a document may be a representation 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.

Who draws up the order

The order is always written on behalf of the head of the enterprise, but its actual drafting is usually done by an ordinary employee. This could be a lawyer, a human resources worker, or an organization secretary. But regardless of who is assigned this function, the specialist must have the necessary level of training and knowledge of the basics of labor and civil legislation of the Russian Federation.

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 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 2016, legal entities have been exempted 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 drawing up additional agreement, certified by both parties.

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.

  1. 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.
  2. 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.
  3. The third paragraph is similarly entered into by an employee of the personnel department, who must familiarize the interested employee with this order.

Certification of the document

Finally, the document should be certified with all the necessary signatures:

  • head of the enterprise,
  • responsible persons (accountant and personnel officer),
  • as well as the employee himself.

During the course of work, employees' salaries may change. This happens for various reasons. But in any case, an appropriate order to change the salary must be drawn up on this occasion.

Procedure

Most often, questions about changes in wages concern its increase. This method is used by managers to encourage and stimulate conscientious employees. Thus, it is possible to interest them in improving the results of their work. In order for the decision to have legal force, you must first draw up an order to change the salary, and then transfer it to the accounting department to make appropriate changes in subsequent payrolls.

But such a document cannot be created spontaneously. In this case, a certain procedure must be followed:

  1. The initiator of changes in the payment terms of an employee, as a rule, is his immediate superior. It is from him that a memo should be drawn up addressed to the head of the enterprise, which will detail the main reasons for making such a decision. Also in this document, the boss is obliged to give a description of his subordinate, which can confirm the intentions that prompted him to such actions.
  2. If agreed, the memo must be signed by the manager and handed over to the head of the personnel department for review and further resolution of the issue. He, in turn, is also obliged to leave his resolution on the document.
  3. Next, the personnel officer draws up an order to change the salary for this employee, a separate paragraph in which notes the need to make appropriate changes to the current staffing table of the enterprise, and gives it to the manager for signature.
  4. Based on these documents, an additional agreement to the employment contract with this employee is drawn up.

After this, from the date specified in the order, the salary of a specific employee is calculated according to the new official salary.

Possible options

As practice shows, an order to change the salary is not always drawn up in the direction of increase. There are times when management decides to reduce the level of pay. This may be due to various reasons:

  • changes in technological and organizational working conditions at the enterprise;
  • reduction in employee labor efficiency;
  • a situation where the employee failed to cope with the duties assigned to him.

There can be many examples. For each specific case there is its own solution to the problem, which necessarily ends with the issuance of a specific order. The employee may be offered another position or his payment terms may be revised. In any case, he must be notified of such a decision in advance. Indeed, in this case, the changes relate to a previously concluded employment contract. Therefore, the employee must be given two months' notice outlining management's intentions. In case of mutual agreement, the decision made is formalized in the form of an order.

Document preparation

To ensure that the decision made by management cannot be questioned, it is necessary to correctly draw up an order to change the salary. The sample can be considered using a specific example.

For example, an employee performed well by performing additional duties along with those provided for in his job description. For high results and conscientious work, management decides to increase his salary. To do this, after preliminary mandatory steps, an order is issued, which should look like this:

  1. First, as usual, comes the name of the organization and document details
  2. Next comes its name. Usually it begins with the words “About an increase in salary.”
  3. Then comes the stating part or preamble, which explains the actions being taken.
  4. After the word “I order” comes the administrative part. It includes several points. Firstly, the size of the employee’s new salary and the date of its establishment are approved. Secondly, the chief accountant is instructed to carry out further salary calculations taking into account these changes. Thirdly, the head of the personnel service is charged with the responsibility of making changes to the current staffing table of employees of the entire organization, as well as drawing up an additional agreement with this employee to the employment contract concluded with him.

The basis of such a document is usually a memo. Next comes the signature of the manager and familiarization with all specified persons, including the employee himself.

Mandatory Consequences

As a rule, an order to change an employee’s salary is accompanied by a number of accompanying documents. One of the most important in this case can be considered the order to subsequently make changes to the currently existing staffing table of the entire organization.

This is absolutely logical. Indeed, for normal accounting at an enterprise, it is necessary to strictly control the level of the wage fund. It is this indicator that is decisive in setting rates, salaries, allowances and bonuses. The stating part must indicate the reason for issuing this order. For example, “In connection with the increase in the salary of specialist Ivanov, make changes to the staffing table.” A separate paragraph must indicate the responsible employee who will be required to do this work, as well as the one who will exercise control over everything that happens. There is no strict mandatory form of this document in the regulations, so it can be compiled arbitrarily, taking into account all the comments listed above.

Special cases

It happens that an order to change the salary in the staffing table concerns not one, but several employees at once. This may be the case when:

  • the entire enterprise or its individual section is being reorganized;
  • the salaries of a group of people in a particular department are reviewed depending on their professional abilities and real contribution to the work of the department;
  • tariff rates change in accordance with the orders of government agencies.

In each of these cases, the order is drawn up in a similar way. The form must correspond to the standard model adopted at this enterprise. The order relates to the main activity and must be numbered in the current sequence. The ascertaining part should formulate the main reasons for the changes being made. If necessary, you should indicate the exact number and date of the document on the basis of which such transformations are made. Next comes the administrative part. In it, the manager gives instructions to responsible employees to make appropriate changes to previously drawn up documents. After the manager has signed the order, all persons mentioned in it must be familiarized with it.

As a rule, an employee’s immediate supervisor asks for an increase in salary. He draws up a memo (sample on page 39.). As for reducing the official salary, the desire of the line manager is not taken into account. The salary amount can be reduced only for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation). These could be changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production. The main thing is that the employee’s position does not worsen in comparison with the terms of the collective agreement or agreement*. Otherwise, if the employee goes to court, the change in salary will be declared illegal.

Example

Nadezhda K. worked as a foreman in conveyor shop No. 3 at the Spetsmontazhkreplenie plant. After a complete modernization of the workshop and replacement of old technical equipment with new ones, Nadezhda’s work became much easier. Now she did not need to manually set up the conveyor belt and constantly monitor its performance. These functions were performed by automata. In connection with these circumstances, the plant management decided to reduce the foreman’s salary by 1,500 rubles.

Preparatory stage

Based on the memo, it is being prepared order on making changes to the staffing table (sample on page 40), which notes how the salary changes: increases or becomes less.

Speaking about increasing and decreasing an employee’s official salary, we must not forget that the terms of remuneration (including official salary) are mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation). If a mandatory term of the contract needs to be changed, the employee and employer must agree in writing additional agreement(sample on page 41).

The process of salary reduction should be examined in more detail. The employee should be notified in writing of an upcoming unilateral change to a mandatory condition of the employment contract no later than two months in advance (Article 74 of the Labor Code of the Russian Federation). This is the general rule. There are two exceptions to this. For an individual employer, the threshold is set at 14 calendar days (Article 306 of the Labor Code of the Russian Federation). A religious organization is given 7 calendar days to do this (Article 344 of the Labor Code of the Russian Federation).

The employee is given notification, which he receives against signature (sample on page 42). If an employee does not agree to work under the new conditions, the employer is obliged to offer him another job in writing. This can be either a vacant position or work corresponding to the employee’s qualifications, or a vacant lower position or lower-paid work that the employee can perform taking into account his state of health (Article 74 of the Labor Code of the Russian Federation). To do this, the employee is given a list of suitable vacancies (indicating the amounts of official salaries) against signature.

It is noteworthy that the employer must offer the employee the vacancies available to him in this area(that is, areas within the administrative-territorial boundaries of the corresponding locality). It is necessary to offer vacant positions in other localities only if this is provided for by a collective agreement, agreements, or employment contract (Article 74 of the Labor Code of the Russian Federation). If, as a result, the employee refuses the offered job or there is no suitable job in the organization, the employment contract is terminated on the basis of clause 7 of part one of Art. 77 of the Labor Code (sample dismissal order - on page 43).

If, in the event of a reduction in wages, notification of the employee in advance is necessary, then a natural question arises. Is it necessary to warn the employee if the salary increases? Let us turn again to Article 74 of the Labor Code. When reading its first part literally, it becomes clear that it regulates relations regarding the reduction of official salary: in the case when, for reasons related to changes in organizational or technological working conditions, the terms of the employment contract determined by the parties cannot be saved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.

Therefore, a different rule applies to increasing official salary. It can become larger at any time by agreement of the parties to the employment contract. There is no need to wait two months and no notifications are needed (Article 72 of the Labor Code of the Russian Federation).

Preparing a key order

So, an additional agreement to the employment contract on changing the official salary was signed. Next, you need to prepare an order. The difficulty is that there is no unified form** for this case. Therefore, the order is drawn up in free form (sample on page 44). This order completes the process of changing the employee’s official salary. Next, the personnel officer familiarizes the employee with the order, gives a copy of it to the accounting department to calculate wages, files the necessary documents in his personal file, etc.

Colleague's comment

Anna SHCHETININA,

Head of the HR department of IA Don-Consultant LLC (Rostov-on-Don):

– In practice, it happens that personnel officers, when preparing an order to change the official salary, use form No. T-5 (order (instruction) to transfer an employee to another job). This is explained by the fact that some developers of personnel programs lose sight of documents prepared in free form. And in this case, HR specialists are forced to prepare transfer orders so that they are taken into account by the program. Here we can recommend one thing. Any information base, especially such a complex one as personnel or accounting, is usually serviced by a specialist from the developer. You can contact him with a request to add the missing forms to the program. Then the work will become easier, and office work will be carried out according to all the rules.

* Article 74 of the Labor Code of the Russian Federation, paragraph 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

The fact of salary changes is of concern every employee. Some people look forward to this change, while others find it frightening and confusing. But in any situation, every employee should understand on the basis of what official documents and requirements such adjustments can be made.

The information is also important for representatives of accounting and human resources departments. For them especially relevant understanding the grounds and principles of reducing earnings.

In the modern financial situation, such cases occur quite regularly. They also lead to conflict resolution in the courts. A clear understanding of the basic principles allows one to abandon such a prospect at the initial stage.

What may be the basis for change

According to current legislation, the amount of wages in any organization directly depends on the parameters of the minimum wage.

This parameter grows every year. The growth trend is directly related to the lack of understanding by many workers of the possibility of reducing wages.

The salary amount must be indicated in the employment contract of each specialist. Based on Article 57 of the Labor Code of the Russian Federation, after signing by the parties this indicator becomes fixed.

If the hired specialist fulfills his official duties and fulfills the requirements of the law regarding the implementation of the temporary indicator of the duration of the working day, the amount is paid on officially agreed days.

Obliges to indicate in the employment agreement a strictly fixed amount of earnings in rubles and, if necessary, kopecks. This parameter must be equal to or exceed the minimum wage. Changes in the amount of earnings that are not related to this figure can be made based on:

  1. Increasing the salaries of employees of the structure while increasing the overall level of the organization’s financial position.
  2. An increase in the amount of earnings for a specific specialist due to high personal performance indicators.
  3. A reduction in the amount of financial incentives caused by changes in the staffing structure of the organization or a change in the principles of production organization.

Types of regulatory framework

Any adjustments to the salary level of an individual employee or all staff units down or up are based on uniform legislative grounds.

Firstly, they are based on the requirements of Article 72 of the Labor Code of the Russian Federation, which only indicates two reasons under consideration:

  1. In case of changes in technology or production structure.
  2. When such an adjustment is based on a bilateral agreement.

Additionally, all such changes are subject to agreement internal agreements between all parties in the production process. They can be accepted to make changes to payments only with the consent of both parties to the production interaction.

The procedure for correctly drawing up a document

The document on the basis of which such changes are made depends on a significant number of factors:

  1. The number of staff units whose salary is adjusted.
  2. Increasing the size or reducing it.
  3. Changing the amount in a general manner for all employees of a certain organization.

The simplest option is incentives in the form of increasing the salary of an individual employee. The fundamental document in such a situation becomes a memo from the head of the structural unit addressed to the manager. Such a document must indicate the rationale for the proposed decision.

If approved by management, it is released separate internal order for the organization. An important part of this document is the mandatory indication of the amount of the “new” salary, which will be transferred to the accounting department and human resources department.

IN hat The order must indicate the basis for changing the salary of a specific employee. The position and personal information (last name, first name, patronymic) of the promoted specialist must be indicated.

An important part of the order is requirement changes in the amount of financial payment in the staffing table and the date from which the amount begins to differ. In this situation, a memo from the head of the department is indicated as the basis for the changes being made.

If an order is signed by the head of a structural unit with such a document Necessarily introduce the employee. Next, the prepared order is entered into the personal file of the specialist rewarded with an increased salary. This stage is performed by an employee of the organization’s personnel department.

The specialist transmits the signed order to the accounting department as a copy. On this basis, there will be changes in monthly charges.

Such interaction is formalized officially specialized additional agreement. It must clearly indicate the new amount down to the penny.

A similar document is issued in the event of a reduction in the amount of financial incentives. After agreement with all parties, the main and first of which is the employee himself, such an order is also transmitted to the personnel department to change the staffing table, prepare additional agreements and transfer documents in the form of a copy to the accounting department.

Reasons for issuing an order

Labor legislation in the form of Article 129 calls grounds for such a pleasant step. The following can be used as a basis:

  • increase in salary, tariff rate;
  • increase in base salary;
  • growth, in accordance with parts 3-5 129 of Article 129 of the Labor Code of the Russian Federation, the base wage rate.

Another option is to issue an order on the basis of Part 1 of Article 129 of the Labor Code of the Russian Federation, which implies an increase in corrective payments. For example, for special working conditions in the form of irregular working hours, activities in difficult conditions, for example, those associated with radiation exposure.

Do not forget about Article 134 of the Labor Code of the Russian Federation, which states necessity For each employer, index the level of wages for its specialists every year. This article calls the reason for the inevitable increase in payments for services and goods.

However, official documents in this situation do not determine the mandatory frequency of these changes. It is also planned to include such an increase in the final level of financial incentives in the form of regular bonuses.

The one already mentioned determines both an increase in the amount of amounts that is pleasant for everyone, and a decrease. The basis for these negative adjustments becomes:

  • reorganization of the production structure;
  • a significant reduction in the financial income of the enterprise, in which the employer decides to reduce the amount of payments to each staff member in exchange for reductions and layoffs;
  • reduction of financial incentives for a specific specialist.

How to notify employees

Any hired specialist must clearly understand the inability to reduce or increase his salary fixed in the employment contract or agreement unilaterally.

Employer is obliged to notify in advance about changes with an explanation of the reasons for the changes occurring. He has the right to do this by any available methods:

  • general production meeting;
  • personal conversation;
  • written notification against signature from the HR department.

A written agreement becomes the next step in the interaction between the parties to the production process. A copy of it is handed over by the immediate supervisor or a representative of the HR department against the signature of the hired employee.

Actions of the employer in case of refusal of a subordinate

Such a document is formed precisely because it is possible to record the fact of receipt. exclusively in writing.

If a specialist refuses to sign his “autograph” of a notification, he must reasonably and again, in writing, indicate the reasons for such disagreement.

If such actions are not followed, the direct manager and representatives of the personnel service draw up special act, in which the fact of refusal to familiarize yourself with the amended terms is officially recorded. This further saves the organization from the slightest risk of labor disputes.

If he agrees with the proposal, the employee informs about this fact in writing. A handwritten signature on the document submitted for consideration is used to record consent.

What does the sample form for 2018 look like?

Every HR employee is well aware of the sample for filling out an order in 2018.

The creation of an order is preceded by preparation of a memo, which indicates the rationale for making adjustments. It becomes the basis for issuing an internal order signed by the immediate supervisor.

IN hat The topic of this document must be indicated. Next, information is included about the personalities of those whom the document concerns, and the date from which the new rules will come into effect. The head of the organization or the person officially performing his duties for the period of justified absence from the workplace must sign.

Labor legislation allows you to specify reasons increases or decreases within the minimum wage in any reasonable form. After signing the order, changes are made to the company's staffing table.

In conclusion, it is worth saying that the fulfillment of these not the most difficult requirements easily resolves at the inception stage, any industrial disputes in enterprises of various forms of ownership.

Filling out this document in 1C is presented in the instructions.

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