The legislator establishes the obligation of company managers to notify personnel of changes in wage conditions. Modification of working conditions in 2018 may occur due to changes in technological or organizational factors of the production environment.
Examples of reasons for changing the working conditions of employees include:
- change of equipment;
- transformation of the production technology mechanism;
- structural reorganization of the labor process.
A change in the terms of payment for work activities cannot occur without amending the employment contract. The employer is required to take the initiative to make such changes to the document concluded with the employee. As a general rule, the boss can make adjustments to any paragraphs of the document, with the exception of the labor function of the company’s employees.
As stated in Art. 57 of the Labor Code of the Russian Federation, the terms of payment for labor activities are a mandatory clause of the contract with the employee. The amount of wages is fixed in the form of an official salary or tariff rate. The employer also describes the incentive payments, allowances and additional payments due to the citizen.
If the condition on the amount of salary and additional compensation is not included in the employment contract, then by law the document will be recognized as not concluded. In some cases, when information about wages is not noted in the text of the contract, the employer can draw up an additional agreement. The annex to the employment contract must clearly indicate the amount of earnings of the person hired.
A message about a change in payment terms for the better or for the worse (increase or decrease in earnings) must contain information about the fact, content and reasons for the changes. Notification is sent to the working staff on behalf of the boss 2 months before the planned changes. The employee gets acquainted with the received notice against signature.
An employee who does not agree with the changes specified in the notice may report this to the manager. Then the employer will be required to offer the citizen another vacant job or position in writing. The job offered is required to match the employee's qualifications. The boss has the right to consider and offer the employee lower-level and lower-paid positions. The employee’s health status must also be taken into account.
If the employer does not have a job available that meets the specified criteria, or the employee refuses all the options offered, the employment contract is terminated. When an employer is to carry out a mass layoff, it must first obtain the consent of the trade union.
Sample notification
NOTIFICATION
on changing the terms of the employment contract
Dear __________________________________________________________!
In accordance with Article 74 of the Labor Code of the Russian Federation, I warn you about changes in the mandatory conditions of the employment contract (clause 5 “Remuneration”) in connection with the change in the staffing table of LLC "Company" salaries from " "___________201_.
Director
LLC "Company" A.A. Vasiliev
I have read the new terms and conditions of remuneration and have received the notification.
___________________/_______________________________/
signature full name
" "___________________ 200 g.
When making adjustments to the agreement, it should be remembered that the new conditions should not worsen the position of citizens, secured by additional agreements or collective agreements.
In labor relations, many different documents are drawn up. A written notification allows you to confirm any event that has occurred. There is an agreement between the employee and management. If something changes in it, then a notification is drawn up for the employee about changes in significant working conditions. A sample of this document is in the article.
When is it necessary to compose?
Objective reasons lead to the fact that heads of institutions must make decisions that require adjustments to certain clauses of employment contracts. Changes in the essential working conditions of an employee may concern:
- Work schedule.
- Shifts.
- Payments.
- Places of work.
These are just the main changes that may occur in other areas of legal relations. When an appropriate decision is made, it is necessary to create a notice of changes in significant working conditions. The sample of this document is the same in all organizations. It is necessary to appoint responsible persons for compilation. There are sample notifications about the need to provide written explanations on various work issues. They are compiled according to similar rules.
When do material conditions change?
According to the law of the Russian Federation, changes in essential conditions are allowed. But to make changes, management must have sufficient grounds. They can be economic, production or organizational in nature. Justified reasons include:
- Replacement or introduction of new equipment.
- Changing the organization's profile.
- Introduction of new norms.
- Transition to multi-shift mode.
- Use of new technologies.
- Computerization of production.
- Automation.
All changes must be carried out to improve labor processes, introduce technologies, and implement environmentally friendly production. During the transition to new conditions, employees must provide written consent. Unapproved changes may only be valid for a month. The basis for this is simple production activities or work related to disaster relief.
If the employee does not agree with the new conditions, he may resign. If the dismissal from office has no evidence, it will be considered illegal. In the absence of justified reasons, legal consequences follow.
What is stated in the order?
This event is formalized by an order, which must include the following information:
- The reasons that led to this. For example, this could be the foundation of a new direction.
- How and for which employees conditions will be changed.
- Who draws up the notices and when will it be completed?
This order must be familiarized to interested employees against signature. People whose contracts will be changed need to consider whether they can continue to work or not. Then the specialist will prepare a separate notice of changes in significant working conditions, the sample of which is the same for each employee.
Compilation rules
There is no established. This document is drawn up in 2 copies, one of which will be with the employee, and the other - in the institution. A sample document notifying an employee about changes in conditions includes the following main sections:
- Details: name of the institution, surname and position of the employee, to whom the notification is intended, date of preparation, as well as the surname and signature of the boss.
- In the main part, it is necessary to indicate how and on the basis of which article of the Labor Code of the Russian Federation the changes are made. It is also required to record the number and date of the agreement, list the changes and indicate how these clauses will be read. The date from which the changes will be effective must be indicated.
- Then the essence of the changes is briefly outlined.
- It is advisable to indicate the consequences if the employee does not want to agree to the changes. According to Art. 77 of the Labor Code of the Russian Federation provides for termination of the agreement at the initiative of the employer, as well as payment of average earnings for 2 weeks.
- At the end of the document you need to write the phrase: “The essence is clear, I am familiar with the contents.” The copy was received in person.” In a separate form, the employee puts the date of receipt, signature, full name. But a person may not agree with changes to the essential terms of the employment contract. The employee has the right to move to another job.
- You can enter the phrase: “I agree/disagree with the changes in the conditions.”
- There must be a field for signature and full name. The employee himself indicates whether he agrees or not with the changes.
Notice of changes to the terms and conditions specified by the parties must be provided to each employee if they are affected by these changes. Only then will the changes made to the contract be legal.
Salary changes
There is no single sample notification of changes in wages, but still some information in this document must be required:
- Reasons for changes.
- Employees have the opportunity to choose whether to agree or refuse.
- List of vacancies.
Notice of changes in wages is provided to those employees who actually expect changes. The requirements for it are the same as for personnel documents. Therefore, it must contain the details and data of the parties, dates, conditions, signatures.
The reasons for the changes must be made, since employees under Art. 21 of the Labor Code of the Russian Federation should be aware of them. The notice includes the timing and list of employees affected by these changes. The document is drawn up for each employee separately.
Presentation
There should be no problems with delivery if the employee is at work. You just need to call him to a specialist who deals with these issues. But the situation will be more complicated if the employee is on vacation or sick leave. Then you can use the usual delivery methods (by mail, registered mail with acknowledgment of receipt). The notification date will be the date on which the employee signed for receipt of the letter.
Like other personnel matters, the notice must be drawn up carefully, based on compliance with legal subtleties. It would also be a good idea for the manager to verbally discuss the changes with employees. Receiving a notification should not be unexpected.
Acquaintance deadlines
Art. 74 of the Labor Code of the Russian Federation states that notification must be given 2 months in advance. But this can be done earlier. This rule was introduced to provide workers with a guarantee in case they refuse the new rules. Within 2 months there will be an opportunity to find another job or consider opportunities for the proposed vacancy.
You should not delay in notifying employees. It is advisable to do this as early as possible. After all, some may not agree with the innovations, so they will have time to find a new job.
Non-essential terms
The contract specifies conditions that are not considered essential. They are optional. For example, this is non-disclosure of any information that is protected by law. The employee studies it during hiring.
If an employer wants to check an employee, he needs to add a clause on a probationary period. When hiring a new employee as an apprentice, the agreement includes an obligation to work at the enterprise after completion of training. The contract also specifies part-time employment, which is considered an additional condition. These also include improving the social and living conditions of the employee and his family.
It should be taken into account that additional conditions should improve the working conditions and life of a person. You should also pay attention to them when applying for a job. Random conditions are also included in the contract. They are indicated if both parties agree with them. Typically, these conditions are considered to be in addition to the usual ones provided by law. If the agreement does not indicate anything about the occurrence of a condition, then it does not lose its force. They serve only as an addition.
So, notification of any changes in the operation of the enterprise must be provided to all employees. This is their right. If they agree with the changes, they can continue to work at the enterprise, taking into account the new rules.
In this article we will talk about when notice of changes in wages is served. What legal grounds for changing the components of wages are provided for by the legislation of the Russian Federation. Indeed, in working life, the level of wages for the majority is the determining factor.
We will talk specifically about the order of the employer who changes the wage system. When the banking organization or details change, the employee himself submits.
Changing wages is a procedure similar to. In addition, online legal advice is available on the website.
Example of a pay change notice
Limited Liability Company "Veretigo"
OGRN 1684846846 INN 46846464864
legal address: 184616, Russia, Rostov region, Azov,
lane Gorky, 15
Tsaplin Igor Alekseevich,
5th category mechanic
technical operation department
We notify you that in accordance with Article 74 of the Labor Code of the Russian Federation and on the basis of the order of the General Director on changing organizational working conditions No. 17 dated 04/01/2017, the terms of the employment contract No. 41 dated 12/20/2015, concluded between the Company, are changing and you, in terms of establishing the size and procedure for remuneration. Certain terms of the employment contract cannot be maintained due to the reconstruction of the production facilities of Veretigo LLC.
We would like to inform you about the transition from June 15, 2017 to hourly wages (salary does not change). If you do not agree to continue working in accordance with the new conditions of remuneration, you will be offered available vacant positions (jobs) in the Company. In case of refusal of the proposed vacant positions, the employment contract with you will be terminated according to clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.
General Director of Deshevykh S.K.
I have read the notice and received one copy in person.
04/12/017 Tsaplin I.A.
When is it necessary to issue a notice of change in wages?
The Labor Code must contain a number of essential conditions. The amount of wages, the procedure for its formation and payment in accordance with Art. 57 of the Labor Code of the Russian Federation are mandatory. In this case, not only the official salary should be indicated, but also the procedure for bonuses, additional payments and allowances.
Any changes to the essential terms of the contract are changed by agreement of the parties. Thus, if the employee and employer have agreed verbally, an additional agreement can be drawn up and no notice will be required.
At the initiative of the employer, wages may be changed in a single case. Based on Art. 74 of the Labor Code of the Russian Federation. This is a change in organizational or technological working conditions when it is necessary to change wages. In this case, it will be the employer who will be required to prove the need for such changes.
Since remuneration also includes bonuses, changes in their size, payment procedure, etc. also relate to essential conditions and change according to general rules. Well, don’t forget about regional coefficients, otherwise there is a risk of being brought to administrative responsibility for,.
How to draw up and when to deliver a notice of changes in wages
So, if the employer comes up with the initiative to change the salary, the employee must be notified no earlier than 2 months before the date of the innovations. All this time, previously agreed agreements are in effect.
This period is minimal. 2 months after delivery of the document, new rules can be introduced.
The notification is made in writing on the employer's letterhead and is registered indicating the date and reference number. In addition to indicating how the remuneration system is changing, it is necessary to indicate the reasons for such changes.
The notice of changes in wages is drawn up in 2 copies, one of which is given to the employee against signature (,).
In some cases, the management of organizations is forced to change the salaries of their employees downwards. The law allows this, but only if staff are notified of the upcoming changes in advance.
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In what situations does salary reduction most often occur?
Employee salaries may decrease due to both internal and external reasons.
Co. internal The most common are financial problems of an enterprise caused by production difficulties - interruptions in the production of goods, a decrease in its volume, quality, etc. as well as ineffective management or unsuccessful reorganization of the company.
External reasons- loss of established contacts with suppliers of raw materials or distributors of finished products, also leading to a budget deficit for the company, changes in legislation, etc.
Regardless of the circumstances under which the administration decides to reduce wages, it must adhere to a certain procedure in this matter, which includes mandatory written notification to staff.
When to notify
Employees whose salary is being reduced must be notified of this at least two months before the change comes into force.
It is believed that this time is enough for the employee to decide whether to remain in the same place, but under new, less favorable working conditions, or look for another job.
At the same time, in the notification, the employer is obliged to offer the employee all available alternative available vacancies that correspond to his level of qualifications (in case he wants to remain in the company, but when moving to another position). If there are no such vacancies, this must also be noted in the notification.
If the employee nevertheless decides to quit (and such an option when the salary is reduced is by no means uncommon), then in addition to the money actually earned by him at the time of dismissal, he is entitled to compensation for unrealized vacation and payment of severance pay in the amount of average earnings for two weeks.
In the case where a person agrees to a salary reduction and does not want to change the employer, an order must be issued to reduce the salary, then the necessary changes should be made to the previously concluded employment contract with the employee, drawing up an additional agreement to it.
When you can't change your salary
ATTENTION! In some cases, a downward change in salary is unacceptable.
For example, it is impossible to reduce the salary if the employer changes the work function of a subordinate - if the requirements have been reduced due to the fact that the management decided to unilaterally reduce the amount of work according to the employee’s job description.
There are other restrictions - all of them are prescribed in the Labor Code of the Russian Federation.
General points regarding notification
If you are faced with the task of generating a notice of salary change, and you do not have a very clear idea of how exactly to do this, we recommend that you use the tips below and study an example document.
Before proceeding to a detailed description of the notification, let's say a few words about what applies to all documents of this kind.
Let's start with the fact that the notification can be written in any form - today there is no legally established unified sample. If the enterprise has its own developed and approved document template, then by its type. In any case, it is recommended that the format of the notification be specified in the local acts of the organization (the labor inspectorate may inquire about this issue in the event of an inspection of the organization).
The notification can be drawn up on company letterhead (again, if such a condition is specified in the accounting policy) or on a simple blank sheet of paper of any suitable format (usually A4 or A5 is used). You can write it manually or type it on a computer and then print it out - both options are completely legal.
The notice must be signed either by the head of the company or by a person acting on his behalf (for example, the head/HR specialist or accountant).
If an organization uses a seal to endorse papers, the form must be stamped.
It's better to give notice in two identical copies. One must be given to the employee, the second must be left in the organization (after having previously secured the signature of the employee on receipt of a copy). Information about the notification should be entered in a special accounting journal.
Sample notice of salary change
The notification has a completely normal structure and is not that difficult to make.
At the beginning of the document (right or left - it doesn’t matter) it is indicated:
- addressee: position and full name of the employee;
- assigned outgoing document number;
- date of compilation and locality in which the company is registered.
After this, the actual message is written. In the main part of the document you need to indicate:
- name of company;
- the reason for the salary change (if possible);
- the previous salary and the new one (all in numbers and in words);
- the employee’s rights under the law (for example, that he can try to reach an agreement with the employer on a different salary) and the consequences of his decisions (up to and including dismissal if he refuses to work under the new conditions).
Finally, the notification is signed by the responsible employee and handed over to its destination.
How to send a notification
There are several ways to deliver a notice to an employee:
- the easiest and fastest way - from hand to hand right at the workplace
- send a notification by mail - registered mail with return receipt requested - this method also guarantees receipt of the message by the addressee
- send the document by courier to the employee’s place of residence - in this case, you must also obtain the signature of the latter stating that the letter has reached him.
Labor Code of the Russian Federation). Exceptions to this rule regarding notice periods are 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 sign his acknowledgment. A sample notification of a change in official salary (fragment) is given below. Sample notice of salary change. Sample order on termination of an employment contract (dismissal) Order on changing the salary: preparation of a key document After signing an additional agreement to the employment contract on changing the official salary, a corresponding order is prepared. Since, according to the resolution of the State Statistics Committee of Russia dated January 5, 2004, there is an abolition of unified forms intended for use in such cases, the order to change employee salaries is drawn up in free form.
Do employees need to be notified of salary increases?
If the salary is increased directly to the employee, then it all starts with a memo from the employee’s immediate supervisor addressed to the general director. This note justifies the need for a salary increase.
Based on the note endorsed by the general director, the personnel employee draws up an additional agreement to the contract with the employee. And on the basis of an additional agreement he makes an order to increase the salary.
This order and memo are drawn up in free form with all the details accepted by the rules of office work for this type of document. 5 Now let’s talk about the unpleasant situation for employees of changing salaries downwards. The Labor Code specifies a number of reasons that allow employers to reduce salaries.
We arrange a salary increase
After this, draw up additional agreements to the employment contract with employees and make changes to the staffing table. Thus: If an employee agrees to a salary increase, then there is no need to officially notify the employee two months in advance.
Changes are formalized additionally. agreement and order to make changes to the staffing table (based on Article 72 of the Labor Code of the Russian Federation). If the employee does not agree, then you need to carry out more labor-intensive work that does not involve obtaining consent from the employee.
Therefore, in this case, it is necessary to notify the employee two months in advance about the salary increase (based on Article 74 of the Labor Code of the Russian Federation).
Is it necessary to give employees 2 months' notice when raising their salaries?
For performing a job function, the Employee is given a salary of 30,000 (thirty thousand) rubles.” 2. This additional agreement is an integral part of the employment contract dated March 24, 2013 No. 7-TD and comes into force on November 19, 2014.
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This additional agreement is drawn up in two copies having equal legal force. One copy is given to the Employee, the other remains with the Employer.”
Sample additional agreement to an employment contract Notification of salary changes: when is it drawn up? A change in salary can be not only an increase, but also a decrease. How to formalize a salary change if it is expected to be reduced? The employer, two months before the expected date of entry into force of the order to change the salary, warns the employee about changing the terms of the employment contract unilaterally (Art.
How to properly process a salary change
Here, indicate the reason that led to these actions: indicate what exactly is subject to change; indicate the effective date of the order. Based on the order, change the staffing table. 5 Make changes to the employee’s personal card and add information to the personal file.
If an employee’s job responsibilities have changed due to a salary change (for example, there are more of them), draw up a job description and submit it for signature. Official salary is the basic part of an employee’s salary. The salary amount is negotiated upon entering a job and concluding an employment contract. The salary depends on the position, job duties performed, the qualifications of the employee, and the complexity of the work performed.
The salary amount is indicated in the staffing table. Salary is a fixed amount that an employee receives for a fully worked calendar month, excluding allowances and compensation.
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In order to motivate the employee for new labor feats, her manager decided to petition for an increase in her salary. He drafted a memo (see sample below.
Attention
Sample memo about increasing official salary Order to change salary: what to write? After drawing up the memo and approval from the management, it is necessary to achieve a change in the salary in the staffing table. To do this, an order to change the salary is issued. It may contain the following wording: “Due to the need to increase the salary of [Last name I.
O. employee] I order the following change to be made to the staffing table dated December 10, 2013 No. 15 from November 18, 2014: establishing the salary of the leading specialist of the material assets accounting department in the amount of 30,000 rubles. Reason: memo from the head of the material assets accounting department dated November 15, 2013.”
To formalize a salary increase, you should: Instructions 1 Issue an order from the manager to change the salary, inform the employees affected by such changes against signature. The order must indicate the reasons why the change occurs: due to a change in the staffing table, due to an increase in the volume and complexity of the work.
This is due to the fact that when performing the same job duties, equal payment should be made. Therefore, when increasing the salary of a particular employee, an employer must comply with the obligation to provide employees with equal pay for work of equal value.
Any discrimination when changing working conditions is prohibited. 2 Any change in the terms of the employment contract should be communicated to the employee in advance, at least two months in advance.
- Labor legislation
- Changing the terms of the employment contract
- Incentive payments
Question: Is it obligatory to give employees 2 months’ notice when raising their salaries? Answer The salary amount is specified in the employment contract as a mandatory condition. Change the mandatory terms of the employment contract (incl.
including salary), as a general rule, an organization can do so only with the consent of the employee (Article 72 of the Labor Code of the Russian Federation). Such an agreement can be concluded at any time; no prior notice is required. In this case, it is necessary to issue an order to change the salary amount and an additional agreement to the employment contract. In addition, the head of the organization must issue an order to change the staffing table.
Do I need to give notice of a salary increase?
The personnel employee puts a personal signature and the date the note was written. The document is sent to the director of the organization for consideration.
If he agrees, he should put the resolution on the note with a date and signature. 2 Draw up an order and write the full name of the company in its header. Enter the title of the document in capital letters. Assign a number and date to the order.
Write the topic of the document. In this case, it will correspond to changes in the staffing table. In the administrative part of the order, indicate the current title of the position and the title of the position to which it should be changed.
Responsibility for the execution of the document must be assigned to the HR department employee. Certify the order with the seal of the organization and the signature of the head of the company.
Familiarize the employee whose job title has changed with the document for signature.
From this article you will learn:
- How to formalize a change in official salary;
- Where to find a sample order to change the salary;
- What does a sample salary change notice look like?
- How to draw up an agreement on salary changes.
A change in an employee's salary is usually accompanied by an increase in wages. This is possible at the decision of the employer and only if he has the financial capabilities.
Salaries may be increased not for all employees, but for, for example, the most successful and deserving ones. The basis for issuing an order to change the salary may be a memo drawn up by the employee’s immediate supervisor.
Example An employee has achieved significant success in her work.
