Order to change wages. Order to change salary: sample. Due to the increase in MRO

The salary, or rather its minimum amount, is established by the norms of the Federal Law throughout the territory of the Russian Federation.

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The amount of wages should not be lower than the subsistence minimum established for the working population of the country.

In turn, the cost of living is a fluctuating value, which leads to fluctuations in the minimum wage and the possibility of various kinds of fraud on the part of employers seeking to reduce the wages of their employees.

What does the law say?

The amount of wages and the terms of its payment in the organization of which the employee is an employee are determined by the provisions or.

According to Art. 72 of the Labor Code of the Russian Federation, a decrease in the amount of wages is possible only when the employment contract is revised during negotiations between the employee and the employer.

Normative base

The legal side of the issue regarding the reduction of wages is the Labor Code of the Russian Federation, as well as labor and collective agreements concluded in organizations with each of the employees without fail.

In addition, when reducing wages, it is recommended to refer to Federal Law No. 82-FZ “On the Minimum Wage” of June 19, 2000.

This document will help to understand whether the employer really violates the rights of employees by reducing wages, or whether the reduction in wages is completely legal.

Is it legal?

Employees faced with a pay cut are most concerned about the legality of such actions on the part of the employer.

It should be noted that, unfortunately, the ongoing salary cuts in most cases are still legal, subject to the employer following certain procedures, the essence of which will be described below.

Wages can be reduced, both for one and all employees of the enterprise.

At the same time, these actions, if they are carried out in accordance with the Labor Code of the Russian Federation and do not violate the rights of workers to a decent wage for their labor, are considered quite legal.

Possible grounds and causes

The grounds for changing wages downwards are:

Real decrease in the income of the enterprise. In this case, in order to avoid a total reduction, the head of the organization has the right to offer employees to agree to perform their labor duties for a lower pay.
Demotion of an employee.
Enterprise reorganization. Changes in the technical and organizational conditions for the performance of work may serve as a basis for reducing the salary of employees of the organization.

The employer is not entitled to reduce wages on his own initiative, without the grounds described above.

Before announcing a reduction in wages, the employer must indicate to employees the reasons for such actions.

He is obliged to do this at a collective meeting of employees, or in any other open and accessible way.

Agreement of the parties

Despite the fact that the initiative to reduce wages always comes from the employer, employees have the right not to agree to its implementation.

To do this, it is enough to refuse to sign an agreement on amending the employment contract. The presence of such an agreement is a prerequisite for lowering the salary.

By expressing his agreement or disagreement with the current situation, the employee can radically change it for the better.

Employer initiative

Any reduction in wages is always the initiative of the employer, backed up by law.

If the employee does not agree with this initiative, or if the indicated grounds for lowering wages seem insignificant to him, he can do as described above and go to court.

Reduction of salary at the initiative of the employer, not supported by anything, is considered illegal.

On probation

The employer is not obliged to compensate part-time workers for arrears if the amount of wages did not reach the minimum level at the time.

The employer is not responsible for this.

In the event that we are talking about a deliberate understatement of wages, the employer may face:

Material liability. Based on Art. 236 of the Labor Code of the Russian Federation, the employer is obliged to reimburse wages with interest in case of delay. The same rule applies to illegally reduced wages.
Disciplinary responsibility. The employer, if he is not the owner of the enterprise where the employee works, may face reprimand, reprimand and even dismissal.
Civil law. An unscrupulous employer is obliged to compensate for the moral and material damage caused to the employee. The amount of compensation is determined by the court.
Administrative responsibility. An unscrupulous employer faces a fine or a warning, and the activities of the entrepreneur may also be suspended. Disqualification may be applied as a punishment. The amount of the fine in this case may not exceed 5 thousand rubles.
Criminal liability. Criminal liability for the employer comes in accordance with Article 145.1 of the Criminal Code of the Russian Federation. Criminal liability for non-payment of wages may occur in exceptional cases, usually a court decision is limited to a warning and a fine.

An example is the following situation:

LL Kuibyshev, an employee of Zvezda LLC, turned to the accounting department in connection with the difference he discovered between the wages received over the past two months. In the accounting department, he received an answer that his salary was reduced due to a lack of financial resources from the enterprise. No one responded to the employee's attempts to meet with the director and clarify the situation in a personal conversation.

As a result, this citizen was forced to go to court. By a court decision, the actions of the director of the enterprise were recognized as unreasonable and illegal. The employee was given back his wages, and the employer was fined 3,000 rubles.

Can an employee challenge an employer's decision?

An employer's decision to reduce wages cannot be taken unilaterally.

The employer may issue an order to change the salaries of employees. And if we are not talking about increasing such salaries, such a document may become the subject of verification by supervisory authorities. The employee can apply with, or file. Therefore, the issue of issuing an order to change salaries for employees is being worked out with the personnel department. Before signing the order, the employer must check the legitimacy (legality) of such a procedure.

An example of an order to change salaries for employees

Limited Liability Company "Polyushko"

Order No. 345

changes in salaries for employees

In connection with the introduction of changes in the staff list of Polyushko LLC (No. 32 dated February 10, 2021),

I ORDER:

Establish from April 1, 2021, the salary of the manager of the sales department Elena Anatolyevna Stepanova in the amount of 25,000 (twenty-five thousand) rubles. 00 kop.
To establish from April 1, 2021, the salary of the manager of the procurement department, Alexey Vladimirovich Rytvin, in the amount of 25,000 (twenty-five thousand) rubles. 00 kop.
Chief Accountant Anna Sergeevna Vanechkina to ensure the calculation and timely payment of official salaries provided for in clause 1 of this order.
To the head of the personnel department Samin Viktor Andreevich to acquaint the employees indicated in clause 1 of this order against signature.

Director rockets Raketov S.S.

Chief Accountant Vanechkina Vanechkina A.S.

Head of HR Sameen Samin V.A.

Sales Manager Stepanova Stepanova E.A.

Purchasing manager pothole Rytvin A.V.

How the order to change salaries to employees affects the rights of the employee

When changing salaries, the employee responsible for compiling documents must not forget about, as well as allowances established by law. For example, it is impossible to reduce the district coefficient or not pay it.

The content of the order to change the salaries of employees

The legislator did not approve the form of the order. This means that each employer develops it himself.

The document contains the company name of the employer, date and place of manufacture. Further, the name is “order” and the number (according to the accounting documents of the employer himself). The descriptive part should contain justification. In this connection, an order was issued to change the salaries of employees. Financial crisis or, conversely, receiving excess profits. Organizational and staff events or annual indexation, etc.

If the employer issues an order to change salaries for employees in relation to several employees, it is advisable to devote a separate paragraph to each. In which to prescribe that from a certain date (indicate the date) the salary of the employee (position, last name, first name and patronymic) will be so much (in numbers and in words).

The employer appoints persons who control the execution of the order. Be sure to notify the accountant for the correct calculation of salaries. And personnel officers (if any) to familiarize the persons in respect of whom an order has been issued to change the salaries of employees.

A change in earnings is often great news for an employee. Much more often the decision to increase the salary is made. There has to be a really good reason for a downgrade.

Regardless of whether a decrease or increase in wages is performed, the entire procedure should be properly executed. And this is done with the help of a special order, which is drawn up by the leaders in the prescribed manner. In Russia, a unified form was previously approved for this purpose.

However, after the State Statistics Committee issued an order to cancel the unified form, orders began to be issued in a free form.

Grounds for changing the salary

The current procedure for changing the official salary, both upward and downward, requires certain grounds.

For example, an increase is possible if the employer has the financial capacity. More often, a decree is issued to increase a specific employee, and not the entire state. If a person shows good results in labor activity, then this becomes the optimal basis for raising his wages. In most cases, the immediate supervisor writes a memo, and based on such a request, the director decides to increase the salary of a successful employee.

With such an objective reason as a change in working conditions, a reduction in wages is also allowed. In the event of a reduction, the employee must be notified in advance. It is also prohibited to change the functions of an employee during a reduction.

Order to change the staffing table in connection with a change in salaries

If the employer has plans to increase salary or reduce salary, then he must issue an order that the staffing will be changed.

The text should contain the following information:

Specific list of positions;
The exact amount of the new salary;
The date the new rules go into effect.

It is believed that after the staffing table is changed, the manager should additionally draw up new agreements with his subordinates. According to the existing procedure, employees get acquainted with the transformation of the staffing table and put their signatures.

How to draw up an order to change the salary?

In order to correctly issue an order to change the salary, the first step is to draw up an additional agreement to an already signed employment contract.

If the employer is going to reduce wages, then two months before that, it is necessary to inform the employee of his intentions. If the employee does not agree to the new worsened conditions, then his manager will have to offer a new position. To create an order, you can use existing templates.

The form of the order to change the official salary

More than ten years ago, the unified form of the form was canceled. Therefore, in the vast majority of cases, representatives of personnel services draw up an order in a free form. If the enterprise uses automated tools, then T-5 is often used. However, the main purpose of the T-5 is the transfer of an employee to another position.

Order to change the official salary - sample 2018

Today, every citizen can download a form in which you just need to enter your data. Focusing on it, it will be much easier to draw up your order document. You can also see the already completed order.

Traditionally, for such documents, the name of the enterprise is written on top. Therefore, letterheads are often used to order the organization. The title of the document follows. Sometimes, immediately under the name of the document, they also enter the number of the order with the date and city.

Next, the main essence of the order is indicated in the format - "On the increase / decrease in the official salary, the surname and initials of the employee." Then comes the phrase - "Due to the fact that the staffing table has been changed, the number of the already issued order is written in brackets, I ORDER." The colon is followed by a list of orders. For example, to set a salary of 20 thousand rubles for a specialist. Also in this list there should be instructions for the chief accountant, who undertakes to ensure the calculation and timeliness of payments. In the final part, a signature is put from the general director and the signature of the employee himself that he was familiarized with this document.

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Due to various circumstances, an employee may be employed in an organization with the same salary, and over time, it may be necessary to change the salary, for example, upwards due to an increase in his qualifications. This is done on the basis of an order to change the salary, which in turn can be initiated by a memo describing the reasons for the salary change. If the salary part is reduced, then the wishes of the line manager are not taken into account.

An employee's salary can be changed both downwards and upwards, consider these 2 cases.

Salary increase

An increase in the salary of employees can be accompanied by various reasons. The main examples are: an employee constantly exceeds the set plan and shows quite high performance in work, it can also be advanced training, the result of certification, a long work experience in the organization, etc. It can also happen as a result of a change in job responsibilities or as a result of endowing with new functionality.

To initiate this process, the immediate supervisor of the subordinate must compile with the information contained in it about the reasons for increasing the salary part to the specified person, and also provides. Further, the document can be signed by an authorized person or director.

After the salary increase has been agreed upon, the employee of the personnel department prepares an order for changes in the salary part and. At the same time, it is necessary to reflect changes in working conditions in the employment contract - for this, an additional agreement is drawn up and signed by both the employee and the employer.

Salary reduction

Reducing the salary of an employee can cause some difficulties, the main rule is to be guided by the current labor legislation. The main condition for the implementation of this procedure is the mandatory notification of the employee about this against signature two months before the occurrence of this event. This period is given to the employee in order for him to decide for himself whether to continue working on such conditions or write and find a more acceptable job offer for himself.

If, after this period, the employee has decided to continue working in the organization, then it is necessary draw up an additional agreement to the employment contract, which prescribes the new conditions of remuneration, as well as the corresponding order of the head to reduce the amount of the salary. Documents must be signed by both parties. In addition, the list of duties prescribed in the job description may also be reduced for the employee. He should also be informed about this under signature.

Important! The employee must be notified of the reduction of his salary by signature, while the organization must do this 2 months in advance, if the employer is an individual - 14 days in advance, for a religious organization the period is 7 days (Labor Code of the Russian Federation Art. 344).

If the employee refuses to accept the new conditions, the employer must offer him another option in writing, for example:

Go to a position lower in rank.
Another job or vacancy that matches the qualifications of this employee.
Work with lower pay, acceptable to the level of health of the employee.

Alternative jobs and vacancies must also be provided to the employee against signature; upon reaching an agreement, additions (changes) to the employment contract and an order to change the salary part are drawn up.

How to draw up an order to change the salary of an employee

This order does not have a unified form, so it can be drawn up in any form on, while it must contain the following information:

Information about the organization and details of the document, which are entered in the chronological order indicated in the order registration book in the organization.
City of compilation and date of the document.
The text of the order itself indicates the changes being made, while it is necessary to reflect a link to the base document and justify the need for this action. For example, due to a change
At the end of the document, fields are left for the manager and employee to sign.

After issuing the order, it must be signed by both parties - both the employer and the employee.

Employees carry out their labor activities in companies and individual entrepreneurs on the basis of concluded labor contracts, which strictly prescribe remuneration for the performance of their labor functions. Periodically there is a change in this wage due to an increase or decrease in salary. For proper registration, the administration, in addition to concluding an additional agreement, must also issue an order to change the salary, a sample of which can be downloaded below.

The condition on remuneration to an employee under an employment agreement is one of the most important, therefore it must be accurately prescribed, without the possibility of a double interpretation. An employee is paid either for the time worked or for the amount of work performed. The payment of salary assumes that every month, a person who has worked out the established monthly rate will receive the same amount.

When a financial opportunity arises or due to the entry into force of legislative acts, the company's management may revise the salary.

Most often this happens when workers have a salary set at. As soon as this minimum limit is raised, the management of the company must immediately revise the remuneration of the employee upward.

Otherwise, administrative measures may be applied to it. So it is not allowed with the standard duration of work that wages be less than the minimum wage.

Attention! Since 2018, all business entities must, with an increase in the consumer price index and services, carry out. That is, the remuneration of the company's employees should be adjusted upward by the indexation coefficient.

Its commercial enterprises can independently establish in their regulations, and budgetary enterprises can apply the approved inflation rate for the purpose of wage indexation.

On a voluntary basis, economic entities can carry out an increase in salary if they have the financial ability, in order to increase the interest of the employee and the productivity of his work.

How is the change fixed?

If an employee’s salary is changed, then this parameter must be recorded in several documents at once:

Salary change request- this is the main administrative document that determines which employee needs to change the salary, its new value, from what date this innovation will take effect. Usually, the order gives instructions on the implementation of changes in other documents;
- This is a document that records the number of positions in the company and the corresponding salaries. If any employee has a salary change, the salary change must also be reflected in the staffing table. This can be formalized by an order to make changes, or by the introduction of a new staffing table (with a significant number of corrections);
- labor law establishes that the size must be expressly fixed in the labor agreement with him. In the event that a change in salary is made, it is necessary to draw up an additional agreement. With the help of this document, the old clause of the contract will be changed to the new one.