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

Society with limited liability"Polyushko"

Order No. 345

changes in salaries for employees

In connection with changes to staffing Polyushko LLC (No. 32 dated February 10, 2021),

I ORDER:

1. 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.
2. 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.
3. To the chief accountant Anna Sergeevna Vanechkina to ensure the calculation and timely payments official salaries provided for in clause 1 of this order.
4. To the head of the personnel department Samin Viktor Andreevich to acquaint the employees indicated in paragraph 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 profit. 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 salary change order is a document that is required if the fixed part of an employee's salary increases or decreases.

Opportunities to increase or decrease salary

Dimensions wages employees of a budgetary enterprise are prescribed in the provisions of an employment or collective agreement.

Salary reduction is possible only with the revision of conditions employment contract in the process of negotiations between the employee and the director of the organization (Article 72 of the Labor Code of the Russian Federation).

You can increase the fixed part of the salary for the following reasons:

• striving to bring wages in line with certain economic indicators;
• promotion of one or more employees;
• introduction of an additional measure of staff motivation.

The director of the enterprise can change the remuneration of employees for work upwards as many times as he likes, at least every month, there are no restrictions for this action. In most situations, the company's management takes as a basis the rules prescribed in the local documentation, where the reasons and dates for the increase are prescribed.

In any case, an order must be issued. For salary increases and salary reductions, they are slightly different. When reducing the fixed part of the salary, there are many more steps to be taken.

It is important to remember that when compiling a sample salary change order, changes must also be made in the staffing table. It is enough to include such a paragraph in the first document.

You should not confuse the procedure for increasing salaries and indexing wages. The main difference is that the director of a company can increase the salary of one employee or group of people by different amounts and at any time (while not allowing discrimination in the field of wages). Indexation concerns the entire staff of the organization, and the salary after it increases by the same percentage for all employees.

Salary increase

It happens like this:

1. The head of the employee draws up a memo, which provides information about the reasons for the action and the characteristics of the employee.
2. The director of the company or other authorized person signs the note.
3. personnel officer budget organization prepares an order to change the salary and an order to make changes to the staffing table.
4. Employee personnel service makes changes to the employee's employment contract, for which an additional agreement is drawn up.

Salary reduction

The staff is notified about the forthcoming reduction of the fixed part of the salary two months in advance.

The responsible officer prepares the following documents:

• notification;
• supplementary agreement;
• order.

The notification is sent to all employees whose earnings will be reduced. After a 2-month period, the employer has the right to draw up an additional agreement to the employment contract. After the employee signs it, the director of the organization must draw up an order indicating the planned changes and their reasons, as well as a list of employees.

A unified notification form is not established by law, therefore, it is allowed to draw up a document in any form. However, you need to specify:

• company name;
• the exact legal address of the organization;
• total number personnel;
• details of company executives;
• information about the upcoming reduction in salary;
• the full initials of the employee or group of people affected by the change;
• reasons for the reduction in wages;
• possible consequences for the organization if wages are not reduced;
• signature and seal of the director.

The notice is given to each employee personally.

The employer must be notified of the reduction in wages against signature within a two-month period prior to the implementation of the action. If the employer is individual, the period is reduced to 2 weeks, and if religious organization- up to one week (Article 344, Labor Code of the Russian Federation).

If the employee refuses to accept the new conditions, the director of the enterprise is obliged to offer him in writing other options, for example:

1. Move to a lower position.
2. Another vacancy corresponding to the qualifications of the employee.
3. A position with a lower salary that is acceptable to the health of the employee.

The director of the company also provides alternative jobs to the employee against signature. If agreed, they draw up an addition to the employment contract and an order to change the salary. You will find below how to draw up a document, as well as a sample order to change the salary of an employee.

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

The document can be compiled by any employee of the organization in whose official functions includes the following obligation:

• personnel officer;
• secretary;
• accountant;
• legal adviser.

After registration, the paper is handed over to the director for approval. Without his signature, the document will not have legal force.

It should be noted that any internal local act issued in the organization must be justified in writing. For an order, this can be a special presentation or a memo from the head of the department about the need to increase the salary of one employee or group of persons. It also indicates the reasons for which the fixed part of the salary should be changed.

Below is a sample order for a 2020 salary increase, which you can refer to when drafting a paper for a municipal or budgetary organization.

Today, the law does not establish a single form of such an order. Representatives of organizations can draw up a document arbitrarily or according to a template adopted by the enterprise. However, some information needs to be included in the document in without fail, This:

• date, number and place of paper creation;
• company name;
• personal data of the employee (or a group of persons) who is planned to increase the salary (position, full name);
• reasons (usually indicated after the introduction “In connection with ...”);
• the amount of the old and new salaries (in numbers and words) to reflect the fact of the increase and the difference between them and the date when this event occurs.

They also prescribe an order to the personnel service specialist and the accountant to make changes to the documents and calculations on their part.

In the order, the head appoints persons responsible for its execution, indicating their full names and positions.

There are no restrictions on the content and design of the paper; you can draw it up by hand or in printed form on a white sheet or on the letterhead of a budget organization.

From this article you will learn:

• How to apply for a change in salary;
• Where can I find a sample salary change order?
• What does a salary change notification template look like?
• How is a salary agreement drafted?

Salary change: on what basis?

A change in the salary of an employee is usually accompanied by an increase in the amount of wages. This is possible at the discretion of the employer and only if he has financial capabilities. Salary increases may not be for all employees, but for, for example, the most successful and deserving. The basis for issuing an order to change the salary may be a memo drawn up by the immediate supervisor of the employee.

Example

The employee has achieved significant success in her work. In order to motivate the worker for new labor exploits, her supervisor decided to petition for an increase in her official salary. He wrote a memo (see sample below.

Sample memorandum for salary increase

Salary change order: what to write?

After filling out a memo and agreeing with the authorities, it is necessary to achieve a change in the salary in the staffing table.

To do this, an order is issued to change the salary. It may contain the following wording:

“In connection with the need to increase the salary of [Surname and name of the employee], I order the following change to be made to the staffing table dated December 10, 2013 No. 15 from November 18, 2014: by setting the salary of the leading specialist of the accounting department in the amount of 30,000 rubles. Reason: memorandum of the head of the accounting department of material assets dated November 15, 2013.

With the approval of the order, the procedure for changing the salary is completed. The employee gets acquainted with the document, and the personnel officer makes additions to the employee’s personal file, transfers a copy of the order to the accounting department. An additional agreement to the employment contract is concluded with the employee.

Sample order to amend the staffing table

Salary change agreement

Since the salary is a condition of remuneration, and therefore a mandatory condition for inclusion in the employment contract. Therefore, the change in salary is accompanied by the execution of such a document as an agreement on salary changes. In everyday life, it is also called an additional salary change agreement. It may contain the following wording about the fact that there is a change in salary:

"one. Amend clause 5.1 of the labor contract dated March 24, 2013 No. 7-TD, concluded between the Employer and the Employee, setting it out as follows:

"P. 5.1. For the performance of the labor function, the Employee is paid an official salary in the amount of 30,000 (thirty thousand) rubles.

2. This additional agreement is an integral part of the labor contract dated March 24, 2013 No. 7-TD and comes into force on November 19, 2014.

3. This additional agreement is made in two copies, having equal legal force. One copy is transferred to the Employee, the other remains with the Employer.

Sample supplementary agreement to an employment contract

Similarly, there is a change in the salary of the director. How to arrange salary changes in the staffing table, see above in the "Sample Documents" section. There you will also find a sample additional agreement on salary changes.

Salary change notification: when is it drawn up?

The change in salary can be not only an increase, but also a decrease. How to apply for a salary change if it is expected to be reduced? Two months before the expected date of entry into force of the order to change the salary, the employer warns the employee about changing the terms of the employment contract unilaterally (Article 74 of the Labor Code of the Russian Federation). There are exceptions to this rule regarding notice periods in Article 306 and Article 344 of the Labor Code of the Russian Federation. The employee is given a notice of such a change in salary and is asked to put his signature on familiarization. A sample notice of a change in salary (excerpt) is given below.

Sample notice of salary change

If the new working conditions do not suit the employee, the employer (according to Article 74 of the Labor Code of the Russian Federation) must offer him another job (a vacant position corresponding to the qualifications of the employee, lower position or lower-paid work for which the employee has no medical contraindications). The offer in writing is also handed over to the employee personally, against receipt.

Typically, such a document is a list of suitable vacancies indicating official salaries; at the same time, the employer is obliged to include in it only vacancies that he has within the administrative-territorial boundaries locality. The basis for offering vacancies in another locality, according to Art. 74 of the Labor Code of the Russian Federation, only the corresponding paragraph, originally spelled out in collective agreement, employment contract or agreement. If none of the vacancies offered by the employer suits the employee (or the organization does not have suitable vacancies), the employment contract with him is subject to termination (reason - clause 7 of article 77 of the Labor Code of the Russian Federation).

All samples presented in the service are regularly updated and comply with legal requirements.

Sample order for termination of an employment contract (dismissal)

The specifics of Art. 74 of the Labor Code of the Russian Federation is aimed at resolving relations to reduce the official salary: if an objective reason (change in technological or organizational conditions labor) requires a downward revision of the employee's official salary (hence, the possibility of maintaining the previously defined terms of the employment contract is excluded), the employer has the right to reduce the salary amount on his own initiative. However, he cannot make changes to labor function employee and is obliged to comply with the procedure established by law (timely warn the employee about upcoming changes, offer the possibility of replacing vacant position).

Therefore, the rule on the advance warning of an employee about a change in the official salary does not apply to cases related to an increase in the amount of the salary. An employer is not required to notify an employee of a pay increase; according to Article 72 of the Labor Code of the Russian Federation, by mutual agreement of the parties to the employment contract, the employee's salary may increase at any time.

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Salary Change Order: Preparing a Key Document

After signing an additional agreement to the employment contract on changing the official salary, an appropriate order is prepared. Since, according to the resolution of the State Statistics Committee of Russia dated January 5, 2004, there is a cancellation of unified forms intended for use in such cases, the order to change the salaries of employees is drawn up in free form.

Sometimes personnel officers develop a salary change order based on the standard T-5 form (“Order to transfer an employee to another job”), since some software products to maintain personnel records do not provide for the possibility of using documents drawn up in free form. For orders to be taken into account by the program, personnel workers forced to issue them in the form of transfer orders. In such a situation, it can be advised to contact a specialist from the developer serving the personnel information base, with a request to add the missing forms to the program: this will greatly facilitate the work and make the paperwork process more correct.

Sample request letter for salary increase

The approval of this key document completes the formalization of the salary change procedure. After the employee is familiar with ready document, the employee of the personnel department sends a copy of the order to change the salary to the accounting department for further calculation of wages and makes the necessary additions to the employee's personal file.

Editorial staff of the magazine "Personnel business"

Such a procedure cannot be carried out only at the request of the management. The procedure for its implementation is strictly regulated TC Russian Federation. For salary adjustments must be good reasons:

• adjustment of the staffing table (we talked about how to draw up an order to make changes to the staffing table);
• certification, retraining;
• change in methods, production technologies;
• reorganization of the enterprise;
• downsizing (for details on how to issue an order to reduce the number and staff, read);
• adjustment of the minimum wage, etc.

Increase salary the employer must also comply with the law and draw up appropriate adjustments in job description(about which a separate order should be drawn up): the scope of duties of the expand.

If such adjustments not included, we can say that the increase in the official salary was illegal. Even if the pay increased after passing probationary period- still this fact should be fixed legally.

An additional agreement, which stipulates the increase in salary, is attached to the contract.

The procedure for drawing up an order

The fee adjustment process takes some time, depending on legal form employer.

The first step is the preparation of a memo or presentation by the line manager of the employee. It indicates employee data, his position, reason salary adjustments.

It is necessary to define amount by which the payment increases.

This submission must be signed by the head of the organization, and the employee whose interests it affects is familiar with the relevant notice. under painting and in two copies (see sample above).

The second step is an order to increase payment, a sample of which is placed below. unified form as such does not exist, therefore, in each case, this act is drawn up arbitrarily. Execution is the responsibility of accountant organizations.

Director's salary change

For directors(or CEO) organizations, the procedure for adjusting salaries is somewhat different.

Since the manager cannot set the size of the official salary for himself, this issue is decided meeting of shareholders or members of the society.

In this case, the specified persons will be the basis for increasing or decreasing the salary of the director. It is this procedure that will meet the "Content of the employment contract."

Statewide salary increase

The increase in salaries all employees of the organization most often occurs when changing salaries in accordance with Article 134 Labor Code RF.

Article 134

Ensuring an increase in the level of the real content of wages includes the indexation of wages in connection with the growth of consumer prices for goods and services. State bodies, organs local government, state and municipal institutions index wages in accordance with the procedure established by labor legislation and other regulatory legal acts containing norms labor law, other employers - in the manner prescribed by the collective agreement, agreements, local regulations.

Indexing frequency extrabudgetary organizations choose on their own. The dates of its holding are prescribed in the collective agreement or agreement. Therefore, the stages of salary increase will be as follows:

1. Salary indexing order for all employees.
2. Compilation.
3. Drawing up additional agreements for each employee and attaching them to their employment contracts.

There are also another variant processing salary increases for employees.

If in the local act of the organization to prescribe strictly defined indexing order salaries, then you can do without additional agreements.

In this case, you only need change staffing.

However, this option has a nuance: the recalculation of official salaries will have to be carried out regardless of the economic situation where the organization is located.

Reflection of staffing changes

When the head of the organization decides to change the salary of his employees, the change in the staffing table should be immediately recorded.

When an order is issued to increase salaries, its text should contain the following items:

• list of positions for which there is a change in the size of wages, sizes tariff rates, allowances;
• new rates, allowances;
• date when the new staffing table should come into force.

The reason for making changes must be written in the "header" of the document! For example: "Order to amend the staffing table in connection with …».

If it was decided to create a new staffing table, then you will need to use. If the new act does not comply with this unified form, then the staffing table for the enterprise will be recognized invalid.

Employees who are affected by this act are required to familiarize themselves with it. under signature. Also, employees who will entrusted with execution order.

Recalculation

Sometimes during payroll mistakes.

Accordingly, in order to put the accounting documents in order and correct the error, you need to take certain actions (deductions or additional payments), which are drawn up documented.

According to article 137 of the Labor Code of the Russian Federation, wages will be withheld in the following cases:

• if arithmetic was allowed calculation error;
• if an employee did not fulfill their labor obligations or due to his fault a downtime happened (these circumstances must be confirmed labor dispute committee or court order)
• if the error was caused employee misconduct(also requires a court order).

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's salary to pay off his debt to the employer can be made:

• to reimburse the unworked advance payment issued to the employee on account of wages;
• to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;
• to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in case of recognition by the body for consideration of individual labor disputes guilt of the employee in non-compliance with labor standards (part three article 155 article 157 of this Code);
• upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee quits on the grounds provided for in clause 8 of part one article 77 or paragraphs 1, 2 or 4 of the first article 81, paragraphs 1, 2, 5, 6 and 7 article 83 of this Code.
• In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to decide on deductions from the employee's wages no later than one month from the date of expiration of the period established for the return of the advance, repayment of debts or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amounts of deduction.

Salary overpaid to an employee (including in case of incorrect application of labor law or other normative legal acts containing labor law norms) cannot be recovered from him, except for the following cases:

• counting error;
• if the body for the consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (part three article 155 of this Code) or simple (part three article 157 of this Code);
• if wages were overpaid to the employee in connection with his illegal actions established by the court.

If any part of the employee’s salary was deducted for another reason, then we can talk about breaking the law. This also applies to the case when the error occurred due to the fault of technical means.

Initially, the employee is given the opportunity to pay the specified amount on one's own.

Must be marked the date up to which payment can be made. If it did not take place, then no later than one month from the date of this date, an order for recalculation is issued.

If the deadline for payment to the employee was not assigned, then the order is signed no later than a month later after finding the error in payments.

Order retention period

Orders relating to wages are included in the category "orders on personnel".

Such a division of the types of all organizational and administrative documents was singled out in

It is in it that terms during which the above documents must be kept. All local acts relating to wages are stored in the organization 75 years old.

Accounting in organizations, especially large ones, is always difficult. A few extra minutes of work of a personnel officer or accountant will save the employer from increased attention control bodies.

When drawing up and calculating, one should be very attentive.

Issuing an order backdating — unacceptable.

Drawing up, which reflects one or another side of the material support of employees, should be carried out thoroughly and, most importantly, in accordance with the laws.

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