What must be in the document
The preamble of the order indicates the reason for the salary increase, after which the actions that the head of the company orders to be performed in connection with the salary increase are listed in separate paragraphs.
The most important thing is to establish the size of the new official salary and the date from which it begins to take effect; these are the two determining conditions for calculating salaries based on the new size. When choosing a date, it is worth considering the time frame that will be needed to prepare an additional agreement to the employment contract and make changes to the staffing table.
A special clause is made in the order about the need to make changes to such documents and about the responsible person who will deal with this. In addition, it is necessary to familiarize the employee whose salary has been increased with the order against signature.
How to apply for a salary reduction
A salary reduction may occur in accordance with Art. 74 of the Labor Code of the Russian Federation due to reasons related to new conditions in the organization or work technology. At the same time, according to Art. 72 of the Labor Code of the Russian Federation, a reduction is possible if the labor agreement is revised as a result of negotiations between the parties.
The main reasons may be:
- decrease in the organization's income;
- demoting an employee;
- reorganization.
The employer does not have the right to reduce the amount on his own initiative.
If the employee doesn't mind
The employer must (Article 74 of the Labor Code of the Russian Federation):
- Issue an order on a new procedure for calculating wages and making adjustments to the staffing table.
- Send each employee a notice of the salary change and its reasons no less than two months in advance (employer - religious organization - no less than seven calendar days (Article 344 of the Labor Code of the Russian Federation), individual - no less than two weeks (14 days) ( Article 306 of the Labor Code of the Russian Federation)).
- Make sure that the employee agrees to work in the new conditions.
- Execute in writing with the employee an additional agreement to the employment contract on salary changes.
If the employee is against
Need to:
- Offer the employee in writing another available job (both vacant according to qualifications and vacant at a lower level or with lower pay). Condition is the ability for a person to perform similar functionality given his state of health. All eligible vacancies available in the area must be offered. He must offer work in other territories if this is established by the collective agreement, agreements, or employment contract.
- If there is no suitable job or refusal of the proposed options, at the end of the employee’s notice period, issue a dismissal order under clause 7, part 1, art. 77 Labor Code of the Russian Federation.
Sample order for salary increase
Limited Liability Company "Company"
ORDER No. 13
on increasing the salary of Mikhailov M.M.
In connection with the improvement of the quality indicators of the marketing department and the increase in the salary of the manager of the marketing department of LLC "Company"
I ORDER:
1. Establish a salary for the manager of the marketing department, Mikhail Maksimovich Mikhailov, in the amount of 15,000 (fifteen thousand) rubles from March 1, 2015.
2. Chief accountant A.P. Petrova ensure timely payment of the salary specified in paragraph 1 of this order and other amounts calculated on the basis of it, and also monitor the correctness of execution of all personnel documents.
3. Inspector of the HR Department A.N. Solomatina amend the staffing schedule dated January 12, 2015 No. 3, setting the salary for the position of marketing department manager at 15,000 rubles.
4. Inspector of the HR Department A.N. Solomatina prepare an additional agreement to the employment contract No. 6-TD dated September 23, 2006 with Mikhailov M.M. on establishing a salary of 15,000 rubles from March 1, 2015.
5. Inspector of the HR Department A.N. Solomatina familiarize Mikhailov M.M. with this order. for painting.
Monetary reward is the best motivation for workers in any economic sphere. It consists of two parts: mandatory (salary) and additional (bonus). Change is possible only on the basis of an order to increase wages for employees.
Annual salary increase at the enterprise for all employees
If pay for work is changed for all subordinates, it increases by the same percentage, then this is possible, most often due to indexing. These terms and limits are not established by law, but usually wages thus change once a year.
The company chooses the date of salary changes at its discretion. This can be either the beginning or the end of the working year.
If all subordinates’ pay increases annually not due to indexation, and there are specific regulations in internal documents, then certain changes should be recorded in important papers.
They may be Regulations on payments for work , or on bonuses, etc. Adjustments are made taking into account the way in which these documents were adopted. It must be remembered that any changes must be introduced to subordinates against signature.
If an enterprise plans to index, then all it needs is a document confirming its implementation. If the salary increases for other reasons, then the need for orders will depend on the document flow adopted in the organization. As a rule, an additional agreement and presented to the employee for signature.
Download a sample additional agreement on salary increase here for free.
If there are a lot of workers in an organization, then it becomes expensive to draw up separate orders. But, if you enter all the data into one document, then workers can find out each other’s salaries, and this is not advisable.
Reason for increase
The reasons for increasing wages may be as follows:
- Norms of local regulations. Salary regulations, industry agreements, collective agreements and other documents may establish the procedure and frequency of salary increases;
- Increasing the minimum wage. Some employees may not meet legal income requirements due to these changes. Therefore, adjustments to the employment contract will be required;
- Indexation of wages due to rising prices in accordance with the provisions of Article 134 of the Labor Code of the Russian Federation. This issue lies within the competence of local governments, government agencies and departments. If organizations are financed from the budget, then they must be guided by the relevant legislation on the procedure for increasing salaries;
- Agreement between employee and employer. This is the most common reason for issuing the order in question. Wages are largely regulated by the labor market. If an employee improves his qualifications, brings benefit to the company, and is in demand from other employers, then his salary will be revised upward.
How to create an order
There is no single template for drawing up an administrative document, so it should be formed according to generally accepted rules. These include:
- name of the institution;
- date of document generation;
- the text itself (indicate the full name and position of the employee, the new salary, the date of the new calculation);
- employees responsible for execution.
The document can be drawn up either on the institution’s letterhead or on a regular A4 sheet. There is no need to certify with a seal. It should include a list of employees by name and specific increases.
The order is approved by the manager. The persons mentioned in it (both those responsible for execution and the employee himself) are familiarized with the document in writing.
Scheme of actions for indexing
Sample order to change salary
Additional agreement
What to do due to an increase in the minimum wage
Employers whose employees receive wages less than the minimum wage must increase it to the new established values. To do this, you will have to issue a sample order to increase wages and adjust the staffing table.
You need to understand that the salary may remain the same, since it is not the salary itself that is less than the minimum wage, but the total amount of the salary received by the employee, which includes:
- compensation payments, including allowances and additional payments;
- incentive payments (bonuses);
- reward for work.
Ways to increase your salary
The component of wages is prescribed in Article 129 of the Labor Code of the Russian Federation. According to the law, you can increase your salary if you increase the tariff rate, official salary , as well as the basic and basic salary rate.
In addition, it may become necessary to increase or establish compensation payments (for work in difficult conditions, in contaminated areas, etc.).
The manager can increase the amount of incentive payments that were established earlier (bonus portion, incentive allowances, etc.).
The first option for increasing wages is the most labor-intensive. But even in this case, there are options that are influenced by the fact whether the salaries of all workers will increase, or only some (one department or a pair of employees).
What happens if the deadlines for paying salaries are not fixed anywhere?
If this fact is discovered by inspectors, claims and prosecution will definitely follow. Moreover, this applies even to those cases when salaries are issued on the same dates month after month, but they are not specified in local documents.
How to fix the situation? Of course, put the necessary documents in order, and if for some reason they are still missing, do the following:
- If possible, retroactively republish an incorrect document, but only if doing so does not cause any discrepancies with your other documentation. Unfortunately, this is not always possible.
- If changes are made to the collective agreement, it is necessary to assemble a commission consisting of representatives of both parties - both the employees and the employer. The commission formalizes the results of the negotiations in an additional agreement, which includes new terms for salary payments.
- The most time-consuming method is if the salary dates are fixed in the employment contract, since you will have to draw up an additional agreement for each such contract.
- Changes made to the PVTR are formalized by an order, which is familiarized to each employee against signature.
What an order for the payment of wages that changes the terms looks like can be seen here.
If you have access to ConsultantPlus, find out what the labor inspector at PVTR may not like. If you don't have access, get an online trial and get an expert opinion for free.
Grounds for issuing an order
The following reasons are identified for the employer to review the salary level of subordinates:
- legislative regulation (increasing the minimum wage, indexation due to rising consumer prices for goods and services);
- management initiative (increasing tariffs as a measure of motivating workers for better results or rewarding individual workers for excellent performance);
- change in work process conditions (reorientation of production affects the level of employee salaries).
If a subordinate does not agree to work with a reduced salary, the manager offers the employee other vacancies in accordance with his qualifications. If agreement is not reached between the parties, the employment contract is terminated.
The procedure for introducing new tariffs includes the following stages:
- The head of a structural unit draws up a memo addressed to the director justifying the reasons for increasing the employee’s tariff.
- An order is issued to increase the salary.
- An agreement is concluded with the employee in writing to change the terms of the employment contract.
- Changes are made to the staffing table and personal file of the subordinate.
IMPORTANT! According to Article 74 of the Labor Code, it is necessary to notify the employee in writing at least two months in advance of a salary reduction due to changes in the conditions of the production process.
Algorithm for increasing wages
The wage increase affects several documents. The preparation and modification of them forms the document flow for wage indexation:
- Issuance of an order based on the Regulations on remuneration.
- Familiarization of employees with the order, collection of signatures.
- Making changes to the staffing table.
- Conclusion of additional agreements to the employment contract.
It is worth remembering that information on the procedure for increasing employee wages should be contained in the Regulations on Remuneration. This is a local regulatory act of the enterprise, which provides all the necessary information regarding employee salaries. For example, its size, payment days, bonus system, as well as the frequency of indexation.
Since the law does not regulate the form of this document, employers can develop it independently. The employer is obliged to familiarize the employee with the provision before signing the employment contract. Employees must be aware of any changes to this document, and also confirm their agreement with them by signing.
Material on the topic The Labor Code will prescribe a mechanism for indexing wages
