Do you need a salary increase order? Making a salary increase

When increasing salaries for employees (according to the staffing table), is it necessary to create an order to increase salaries by last name? If necessary, what salary is indicated for part-time workers in the order (full salary for the position or salary according to the rate taken)?

What salary should be indicated in the employment contract and in the order to increase the salary of a part-time job - full at the rate or actual?

After considering the issue, we came to the following conclusion:

1. The issue of issuing orders to increase official salaries to employees with the transfer of specific employees whose salary will increase, each employer decides for himself. Labor legislation does not contain such a mandatory requirement.

2. In an employment contract and an order to increase the official salary with a part-time worker, it is necessary to indicate his actual salary, and not a full-time salary.

Rationale for the conclusion:

1. By virtue of Art. 135 of the Labor Code of the Russian Federation, an employee is established by an employment contract in accordance with the remuneration systems in force for this employer. Consequently, in order to increase the salary of employees, amendments are required to the document establishing the remuneration system (taking into account the requirements of part four of article 135 of the Labor Code of the Russian Federation) and to the employment contracts of employees (taking into account the provisions of article 72 of the Labor Code of the Russian Federation). The issuance of an order listing specific employees whose salary will increase is not provided for by labor legislation and remains at the discretion of the employer.

2. The terms of remuneration of an employee, including the amount of salary, are mandatory for inclusion in (part two of article 57 of the Labor Code of the Russian Federation). At the same time, the question of whether the employment contract of part-time workers (including part-time workers) should indicate the full amount of the salary determined by the remuneration system for the relevant position, or part of the specified amount that the employee will receive, taking into account the duration of his working time, in practice causes numerous disputes. So, for example, in some consultations of Rostrud specialists, there is an approach according to which the salary that is provided for by the staffing table (that is, established for full-time workers) should appear in employment contracts (question 1, question 2, question 3).

However, it seems to us that another point of view is more just. Within the meaning of Art. 57 of the Labor Code of the Russian Federation, the employment contract must specify the terms of remuneration for a particular employee, and not some terms of payment provided for a particular position. Since, by virtue of Art. 129 of the Labor Code of the Russian Federation, the salary of an employee is a fixed amount of remuneration of an employee for the performance of labor duties, in our opinion, the fulfillment by an employee of the duties assigned to him by an employment contract in full implies the obligation of the employer to pay him in full the salary determined by the same contract. In this regard, the indication in the employment contract of the wrong amount of salary that the employee can claim based on the length of his working time will not be correct and may lead to a labor dispute. Moreover, the court may come to the conclusion that it is necessary to pay the employee a salary exactly in the amount specified in the employment contract (decision of the Zasviyazhsky District Court of Ulyanovsk of June 08, 2011 in case No. 2-1490/2011). In the explanations of Rostrud specialists, there is also a position on the need to reflect in the employment contract the amount of salary that part-time workers will actually receive (question 1, question 2, question 3).

In the salary increase order, the part-time worker must also indicate his actual salary, tk. it must comply with the terms of the concluded labor contract (part one of article 68 of the Labor Code of the Russian Federation) and, therefore, contain the amount fixed in the labor contract with the part-time worker.

As a compromise, it is possible to indicate in the employment contract both the salary provided for by the staffing table for full-time employees, and the part of this amount that a particular employee will receive, taking into account the length of working time established for him. For example: "The salary of an employee is 10,000 rubles (50% of the salary of 20,000 for a position such and such, taking into account the working hours established for the employee)".

Prepared answer:
Legal Consulting Service Expert GARANT
Zhguleva Olga

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Sutulin Pavel

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

The state encourages employers to constantly increase the wages of employees. Raising salaries comes in several ways. First, by increasing the indicators of the federal and regional minimum wages. Secondly, by applying mandatory indexation. Finally, by agreement between employers and employees. But are employers obliged to apply all these salary increase mechanisms or can they legally save money? We tell.

Salary - not less than the minimum wage

The Labor Code of the Russian Federation establishes a guaranteed minimum wage for which any employee is entitled to apply. In accordance with Art. 133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has fully worked out the prescribed norm of working hours during this period cannot be lower than the minimum wage (minimum wage).

The minimum wage is established simultaneously throughout the Russian Federation by federal law and is mandatory for all organizations and individual entrepreneurs using hired labor. The minimum wage is regulated by art. 1 of the Federal Law of June 19, 2000 No. 82-FZ "On the Minimum Wage". According to this norm, the minimum wage in the Russian Federation is currently 7,800 rubles per month.

The next increase in this value is scheduled for January 1, 2018 as part of a phased increase in the minimum wage to the subsistence level (and recommended for adoption).

From January 1, 2018, the minimum wage will be raised to 85% of the subsistence level and will amount to 9,489 rubles per month.

Cheat sheet for the article from the editors of BUKH.1C for those who do not have time

1. The state encourages employers to constantly increase the wages of employees.

2. The Labor Code of the Russian Federation establishes a guaranteed minimum wage - the minimum wage (minimum wage).

3. The minimum wage is established simultaneously throughout the territory of the Russian Federation by federal law and is mandatory for all organizations and individual entrepreneurs using hired labor.

4. The minimum wage in the Russian Federation is currently 7,800 rubles per month.

5. When the minimum wage is increased, employers who pay their employees the minimum wage are required to increase it to the new values.

6. In a number of cases, specified in the Labor Code of the Russian Federation, the employer is not required to adhere to the minimum wage.

7. The penalty for paying wages below the minimum wage for legal entities ranges from 30,000 to 50,000 rubles. Repeated violation will increase the fine to 70,000 rubles.

8. Employers should index wages due to rising consumer prices for goods and services.

9. The legislation does not establish a clear amount of indexation. An employer can “dodge” indexation by issuing local acts in a certain way.

10. Along with the federal minimum wage, each Russian region has its own minimum wage indicator. As a rule, the regional minimum wage is much higher than the federal one.

11. Employers are considered to have automatically acceded to the agreement on the regional minimum wage after 30 days from the date of the official publication of the proposal to join such an agreement. Written consent from employers is not required. But it is possible to cancel in writing.

Accordingly, from January 1, 2018, an employer who pays his employees the minimum wage is obliged to increase it to new values. To do this, you need to issue an order to amend the staffing table. This can be done both by approving a new annex to the schedule, and by adopting a new staffing table.

Speaking of a salary “not lower than the minimum wage”, they always mean payments under an employment contract, and not under a civil law contract. When engaging employees on the basis of a work contract or paid services, the employer may not comply with the terms of the minimum wage. Accordingly, an increase in this indicator does not lead to the obligation of the employer to increase the amount of remuneration under GPC agreements.

In addition, in a number of cases, directly specified in the Labor Code of the Russian Federation, the employer is also not required to adhere to the minimum wage. This, for example, part-time work (Article 93 of the Labor Code of the Russian Federation) and part-time work (Article 284 of the Labor Code of the Russian Federation). In relation to such employees, the employer is not obliged to draw up any additional agreements in connection with the increase in the minimum wage.

In all other cases that are not directly specified in the Labor Code of the Russian Federation, employers cannot pay their employees wages below the minimum wage. Otherwise, they may be held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine for paying wages below the minimum wage for legal entities ranges from 30,000 to 50,000 rubles. Repeated violation will increase the fine to 70,000 rubles.

Mandatory salary indexation

In accordance with Art. 134 of the Labor Code of the Russian Federation, employers must index wages in connection with an increase in consumer prices for goods and services. According to this norm, state bodies, local governments, as well as institutions index wages in the manner prescribed by labor legislation. All other employers - in the manner prescribed by the collective agreement and local regulations.

Norm Art. 134 of the Labor Code of the Russian Federation, as we can see, is vague and does not establish a clear procedure for indexing the salaries of employees of commercial companies. In this regard, many employers have a delusion that salary indexation is mandatory only for government agencies and institutions. Actually it is not. Salary indexation is mandatory for all employers, but with some reservations.

The Constitutional Court of the Russian Federation, in Ruling No. 2618-O of November 19, 2015, noted that the Labor Code of the Russian Federation does not allow an employer that is not related to the public sector to evade wage indexation. Indexation is aimed at ensuring an increase in the level of the real content of wages, its purchasing power. By its legal nature, indexation is a state guarantee for the remuneration of employees and must be provided to all persons working under an employment contract.

At the same time, the legislation does not establish a clear amount of indexation. Therefore, the amount of indexation is determined at the discretion of the employer, taking into account the opinion of the trade union. The employer is not required to apply the official inflation rate. Any increase in wages due to rising consumer prices is considered indexation. Employment contracts are not reviewed to document indexation. Indexation is carried out on the basis of the order on indexation of salaries.

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Meanwhile, there is one caveat. The indexation procedure must be clearly spelled out when concluding a collective agreement or enshrined in a local regulatory act adopted taking into account the opinion of the trade union. Only in this case, the employer must index. Without establishing an indexation procedure in local acts, the employer is not obliged to increase the salary of its employees.

A similar opinion was expressed by the Constitutional Court in Ruling No. 1707-O of July 17, 2014.

Therefore, if the procedure for indexing wages was enshrined in a collective agreement or any other local act, the employer is in any case obliged to index the wages of his employees. Therefore, when concluding collective agreements, this circumstance should be taken into account.

If the employer does not have financial opportunities for regular salary increases, it is better to exclude any mention of indexation from the text of labor, collective agreements and local acts.

Please note that recently Rostrud gave clarifications regarding the indexation of salaries in commercial organizations. From the point of view of the department, employers are in any case obliged to index wages due to inflation. The procedure for such indexation must be fixed in a collective agreement or other local act.

At the same time, Rostrud requires fines for employers who do not index wages due to inflation. Moreover, regardless of whether the organization has adopted a local act on the indexation of salaries, or not.

This position is, to put it mildly, controversial, since Art. 134 of the Labor Code of the Russian Federation does not directly establish the obligation of employers to adopt local acts on wage indexation. Be that as it may, such clarifications may provoke a wave of fines under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (fine up to 50 thousand rubles) and litigation.

Application of the regional minimum wage

Along with the federal minimum wage, each Russian region has its own minimum wage indicator. Moreover, as a rule, the regional minimum wage is much higher than the federal one. For example, the minimum wage in Moscow is now 18,742 rubles (Decree of the Government of Moscow on September 12, 2017 No. 663-PP).

The procedure for establishing regional indicators of the minimum wage is regulated by Art. 133.1 of the Labor Code of the Russian Federation. The specific value of the regional minimum wage is approved and regularly updated based on the regional minimum wage agreement. The agreement is developed and adopted by the tripartite commission for the regulation of social and labor relations of the corresponding subject of the Russian Federation.

Employers are considered to have automatically acceded to the agreement on the regional minimum wage after 30 days from the date of the official publication of the proposal to join such an agreement. No written consent from employers is required.

After 30 calendar days after the publication of the proposal, employers are required to apply the regional minimum wage. Payment of wages below the specified value is considered a violation under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. Recall that the fine for organizations under this rule is up to 50,000 rubles.

At the same time, organizations have a completely legal opportunity not to apply the regional minimum wage. To do this, they must draw up a written refusal to join the regional minimum wage agreement. The refusal must be sent to the tripartite commission for the regulation of social and labor relations of the relevant subject of the Russian Federation no later than 30 calendar days from the date of publication of the agreement and proposal to join it.

At the same time, the protocol of consultations with the trade union organization and proposals on the timing of raising the salaries of employees to the size of the regional minimum wage (Article 133.1 of the Labor Code of the Russian Federation) will need to be attached to the refusal. In the minutes, the trade union seems to agree that at present the employer cannot raise wages to the regional minimum wage. At the same time, the estimated dates for the transition to the regional minimum wage are indicated, which are not mandatory, but by indicating them, the employer does not refuse the regional minimum wage in the future.

Why do employers refuse the regional minimum wage, you ask? It's very simple - the rejection of the regional minimum wage provides an opportunity to save on the wage fund. No liability for such refusal is provided by law.

However, it should be borne in mind that the payment of wages below the regional "minimum wage" gives the controlling departments an additional reason to tighten control over such an employer. According to the logic of the inspectors, if employees agree to work in an organization with a salary below the average for the region, then we can talk about gray schemes for paying salaries in envelopes and tax evasion.

An increase in wages is one of the most effective measures to motivate staff. In this case, you need to correctly issue a salary increase. Read in this material about the necessary documents, features and nuances of changing the amount of wages.

First of all, you need to decide on the basis for the increase in wages:

• Some companies hold salary increases once a year. In this case, the basis is indexation or annual certification of personnel.
• In the middle of the year, an employee's salary may be increased due to the completion of the probationary period, expansion of functionality or promotion.
• In a number of state institutions, the salary increases after receiving a scientific degree or assigning a qualification category.
• If the salary increases for one employee, then a memo from the immediate supervisor may be required.
• Human resources specialists disagree on the need to notify an employee about a salary increase. Please note that this document may be required during an inspection by the labor inspectorate. It is drawn up in any form in duplicate, indicating the amount of salary and the date of the increase.
• The main regulatory act regulating the procedure for increasing salaries is.

On our website you can download a form and a sample of filling out a service note:

The next step is to issue an order:

• Do not forget that a separate order must be drawn up for each employee, even if the salary increase is of the same type.
• Experts do not recommend issuing different salaries for employees with the same job title (for example, "manager"). In this case, it would be more reasonable to pay the cash difference in the form of a premium.
• The order must indicate the amount of salary, the basis for the increase and the date of entry into force.

You can download the order form and template here:

An existing employment contract needs to be amended. This is done with the help of an additional agreement:

• The document must necessarily indicate the clauses of the main contract, which is amended.
• The title of the document is irrelevant.
• It is obligatory to draw up an additional agreement in two copies.
• Changes come into force from the moment of signing the additional agreement, unless otherwise specified in it.
• If the salary increase occurs at the end of the probationary period and this is indicated in the main employment contract, then an additional agreement is not required.

You can download the form and sample additional agreement on our website:

The final stage is making changes to personnel documents:

• Staff schedule. Changes are made on the basis of an order, which must indicate the basis and date of entry into force of the changes.
• Employee's personal card. If the salary increase is based on the expansion of functionality, do not forget to draw up a new job description.
• When transferring to a new position, make an appropriate entry in the work book.

Despite the fact that there are no clear instructions in the labor legislation regarding the registration of a salary increase, compliance with the sequence indicated in the material is recommended. Don't forget to make changes to documents in a timely manner. This will help to avoid problems in the event of an inspection by the labor inspectorate.

The procedure for increasing wages depends on the reasons for such an increase. If the salary increase occurs in the whole organization, you need to:

Conclude additional agreements to employment contracts;

Issue orders to increase wages (for each employee separately to avoid disclosure of personal data);

Make changes to the staffing table (in this case, it will be more convenient to approve the staffing table in the new edition).

If the salary increase occurs in connection with a change in organizational or technological working conditions, employees must be notified in writing, under signature, of this at least two months in advance (Article 74 of the Labor Code of the Russian Federation).

Samples of required documents:

Closed Joint Stock Company Alfa

ORDER #3

about salary increase

Moscow 10.01.2013

I ORDER:

1. Set the electrician Semenov Yu.S. salary in the amount of 25,000 rubles.

Reason: Additional agreement to the employment contract

2. Chief accountant A.S. Glebovoy to ensure payroll taking into account
upgrades from September 2013.

General Director A.V. Lviv

Acquainted with the order:

Chief Accountant A.S. Glebova

ADDITIONAL AGREEMENT No. 1

Moscow 09.01.2013

Closed Joint Stock Company Alfa, hereinafter referred to as the Employer, represented by Director Alexander Vladimirovich Lvov, acting on the basis of the Charter, on the one hand, and electrician Alexey Vladimirovich Lampochkin, hereinafter referred to as the Worker, on the other hand, agreed to contribute to employment contract dated April 23, 2012 No.
47 the following changes:

1. State paragraph 1.1 of the employment contract dated April 23, 2012 No. 47 in the following
wording: “The employer accepts the Employee for the position of equipment adjuster.
The employee performs his duties as an equipment adjuster with a salary
25,000 (twenty five thousand) rubles. per month".

2. All other terms of the employment contract dated April 23, 2012 No. 47 count
immutable and binding parties.

3. This supplementary agreement is made in two copies, one
copy for the Employee and the Employer, and comes into force on January 10, 2013. Both
copies have equal legal force.

Signatures of the parties:

A sample order for the approval of the staffing table in the new edition is given in the Forms section of this answer.01/09/2013

Details in the materials of the System:

1. Answer: Is it necessary to issue individual orders for salary changes if the salary increase occurs for several employees?

The Labor Code of the Russian Federation does not contain restrictions on the execution of orders in the case when an event concerns several employees.

At the same time, unified forms, approved, allow the preparation of single orders for several employees at the same time (for example, forms, and a number of others). The employer formally has the right to issue a single order to change the salary of several employees using these forms or.

However, the issuance of such an order can be regarded as a disclosure and violation of the protection of employees, since it contains personal data of several employees of the organization at once - salaries that other employees are informed about. Since for violation of protection and disclosure of personal data of employees, in order to avoid disputes and litigation, it is not recommended to use single orders for several employees when changing salaries.

2. Answer: How to increase the salary (tariff rate, piece rate) set for an employee?

The answer to this question depends on the reasons for the increase in wages (salary, tariff rate, piece rate). In particular, salary increases are possible in the following cases:

• increase in salaries in general for the department or organization;
• salary indexation ().

The size of the salary is prescribed in the employment contract as its obligatory condition (, Labor Code of the Russian Federation). As a general rule, an organization can change the mandatory terms of an employment contract (including salary) only with the consent of the employee (). In this case, it is necessary to issue a change in the size of the salary (tariff rate, piece rate) and to the employment contract (). For more information on the procedure for amending an employment contract, see.

In addition, if the organization has one, the manager must issue a change in it. At the same time, the organization has the right to both make a change to the existing staffing table and approve its new version. An exception to this rule is the transfer of an employee to another higher-paid position that exists in the organization. In this case, it is not necessary to make a change in the staffing table, since such a position and the salary corresponding to it are already present in it. For more information on how to make changes to the staffing table, see.

If the increase in salary is associated with a change in organizational or technological working conditions, then before concluding an additional agreement with the employee to the employment contract, you need ().

When indexing wages, additionally write down the procedure for its implementation in the internal local regulations of the organization (). For example, in . In the future, index the salary on the basis with reference to the relevant local regulatory act. After that, draw up additional agreements to the employment contract with employees and make changes to the staffing table (if the organization has one).

3. Forms: Order on the approval of the staffing table

ORDER No. 90

on the approval of the staffing table

Moscow 30.08.2013

In accordance with section 1 of the instructions approved by the resolution of the State Statistics Committee
Russia dated January 5, 2004 No. 1,

I ORDER:

Approve the staffing table of August 30, 2013 No. 15 with a staffing of 28 staff units with a monthly payroll of 367,000 rubles.

Application: staffing table on two sheets.

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

• increase in the minimum wage (Article 133 of the Labor Code of the Russian Federation);
• changes in working conditions (Art. 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 canceled, so it is possible to issue acts on wage increases in any form or based on a template developed by the organization itself. It is only important to comply with the rules 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 labor. But there are fundamental differences between them.

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

1. Salary.
2. Allowances for harmful production.
3. Percentage of sales.
4. Prizes.
5. Bonuses.

Insurance payments for an 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 salary increase and indexation

The decision to increase remuneration is made by the head of the budgetary 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 should do it. During indexation, the salary part of wages is increased, and for all employees without exception. The purpose of this procedure is to increase the income and purchasing power of employees. 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 are worthy of a salary increase. Typically, selection criteria are associated with overfulfillment of production standards, good sales results, exceeding plans. The frequency of payments and specific amounts of remuneration are also appointed 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

Drawing up is usually assigned to the employee who prepares the administrative papers. As a rule, this is:

• employee of the HR department / personnel department;
• secretary/office manager;
• legal adviser.

Whoever draws up the document, it must be signed by the director of the organization. Without a signature, the paper will not be legally binding.

Basis for the order

The memo of the head of the structural unit can serve as the basis.

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

Registration procedure

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

The paper must include a heading that contains the name of the organization, the name of the document, its number, place and date of compilation.

The requirements for the main part are more extensive, it must specify:

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

There are no special requirements for the appearance of the paper, as well as for its shape. It is allowed to write the order both on the letterhead of the enterprise and on a blank sheet of paper. You can type text on a computer or write by hand. The only requirement is the presence of a “live” signature of the head 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 letter for salary increase

Sample letter for salary increase for all employees

How long and how to store

The order should be kept 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 acts. As a rule, in budgetary organizations this period is at least five years. After the documents are disposed of.