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The best option for the employer is for the employee to agree to change working conditions and voluntarily sign an additional agreement to the employment contract. At the same time, changes in wage conditions should not contradict current legislation. For example, setting wages below the minimum wage is a violation of labor legislation, for which a fine may be imposed on the employer in accordance with the Code of Administrative Offenses of the Russian Federation.

It should also be taken into account that if in the future the employee manages to prove in court that the specified additional agreement was signed by the employee under duress, the court may invalidate it and oblige the employer to pay the difference in wages.

Changing the terms of remuneration by the employer unilaterally is limited by law.

The employer can unilaterally change wages by indexing them in connection with inflation. However, indexation of wages due to inflation is not, strictly speaking, a change in wages, since indexation is aimed at increasing the real content of wages in connection with rising consumer prices for goods and services, and, in fact, its implementation is the responsibility of the employer (Art. 134 Labor Code of the Russian Federation). Moreover, if for budgetary organizations the procedure for indexing wages is established at the level of regulatory legal acts, then other employers are obliged to carry out indexation in the manner established by the collective agreement and local regulations.

Salary reduction: registration procedure

In accordance with Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment or production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they can be changed at the initiative of the employer , with the exception of changes in labor function.

In this case, the employer must comply with a number of conditions:

A real change in organizational or technological working conditions, resulting in a change in wage conditions.

It is clear that in a financial crisis, a number of employers may try to use this norm to cover up the real reasons for reducing wages - the lack of necessary funds.

It should be borne in mind that lack of funding is not a basis for changing the terms of remuneration in accordance with Art. 74 Labor Code of the Russian Federation.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” in paragraph 21 provides that the courts, when resolving cases on declaring illegal changes to the terms of the employment contract determined by the parties when the employee continues to work without changing the labor function are required to check the evidence provided by the employer confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions.

The Supreme Court provides an approximate list of such reasons:

Changes in technology and production technology,
improvement of workplaces based on their certification,
structural reorganization of production.

According to the Supreme Court, in the absence of such evidence, a change in the terms of the employment contract determined by the parties cannot be recognized as legal.

Compliance with a certain procedure prior to the introduction of new wage conditions.

The employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes in the terms of the employment contract (in this case, changes in the terms of remuneration), as well as about the reasons that necessitated the need for such changes. This can be done in the form of a written familiarization of the employee with the order (instruction) of the employer on the changes being introduced, or by sending a written notice to the employee.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another available job (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health condition . At the same time, the employer is obliged to offer the employee vacancies available in a given locality; the employer has the right to offer vacancies in other localities only if this is provided for in a collective or labor agreement.

Changes in the terms of the employment contract determined by the parties should not worsen the employee’s position in comparison with those established by the collective agreement and agreements.

Thus, if the organization has a collective agreement that fixes the level of remuneration for certain categories of workers, the changes introduced should not worsen these provisions.

If there is no work that the employer is obliged to offer to the employee, or if the employee refuses the offered work, the employment contract is terminated in accordance with clause 7, part 1, art. 77 Labor Code of the Russian Federation.

It should be taken into account that failure by the employer to comply with the above conditions may lead to negative consequences for the employer. An employee may file a claim in court for reinstatement at work, or for the recognition of illegal changes in wage conditions.

In addition, it should be taken into account that a change in the terms of remuneration may concern not only a change in its size, but also the payment procedure. So, for example, an employer cannot forcibly transfer an employee to pay wages by bank transfer if the condition for this was not initially provided for in the employment contract. In accordance with Art. 136 of the Labor Code of the Russian Federation, wages are paid at the place where work is performed, or are transferred to the bank account specified by the employee under the conditions determined by the collective or labor agreement.

Question: How to correctly indicate the condition of remuneration in an employment contract? Answer: In the employment contract with the employee, it is necessary to indicate the specific amount of the tariff rate or official salary. Additional payments, allowances and incentive payments may be directly indicated in the employment contract, or it may make reference to the relevant local regulation or collective agreement, agreement, which provides the grounds and conditions for their payment. An employment contract does not have to indicate a specific date for payment of wages; it is enough to make a reference to internal labor regulations or a collective agreement. Rationale: Wages (wages) are remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments and incentive payments (Article 129 of the Labor Code of the Russian Federation).

Art. 131, 136 Labor Code of the Russian Federation).

Supplement to official salary in an employment contract

Labor legislation does not require specific amounts of additional payments, allowances and incentive payments to be indicated in the employment contract. However, it is necessary (if available) to indicate at least general information about all additional payments and allowances of a compensatory nature and incentive payments in accordance with the current remuneration systems of this employer (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation). Thus, additional payments, allowances and incentive payments can be directly indicated in the employment contract, or it can make reference to the relevant local regulation, collective agreement, agreement, which provides the grounds and conditions for their payment.

In the latter case, the employee must be familiar with their contents against signature (Part 3 of Article 68 of the Labor Code of the Russian Federation, Letters of Rostrud N N 395-6-1, 428-6-1).

How to write a bonus in an employment contract - example

Such bonuses are, for example, additional monthly payments for length of service (continuous work experience at a given enterprise), for professional excellence, for class, for a high level of qualifications, etc. In such cases, the amount of payments is usually set as a percentage of the salary . How to establish a supplement to the official salary in an employment contract Confirmation of the labor relationship between the employer and the employee is an employment contract concluded in writing and signed by both parties.

Each party to an employment contract has responsibilities and rights that must be described in detail in the text of this bilateral agreement. Thus, the employer is obliged to pay for the work of the employee performing the labor function established by the contract.

An increase to the official salary in the employment contract is indicated as part of the remuneration system operating in the organization and refers to the mandatory conditions of this document. Despite the fact that the terms of payment and the amount of bonuses are stipulated by the local regulations of the enterprise, failure to indicate them in the text of the concluded contract during inspection can be qualified as a violation of the requirements of labor legislation (Article 57 of the Labor Code of the Russian Federation). From the article you will learn:

• What is the difference between allowances and surcharges?
• what determines the size of the bonus to the official salary;
• how to establish a bonus to the official salary in an employment contract;
• How to change the bonus in an employment contract.

Allowances and additional payments: what is the difference Both allowances and additional payments are paid to the employee in excess of the salary established for the position he occupies; they, as a rule, are of a stimulating nature.

How to include salary supplements for employees in an employment contract

The remuneration system in the employment contract In the employment contract with the employee, it is not necessary to describe in detail the remuneration system established for him or the organization as a whole, as well as specific prices. It is enough to indicate the type of remuneration system (time-based, piece-rate, piece-rate, etc.) and make a reference to the adopted local regulatory act, for example, the regulation on remuneration. The wording of the employment contract in this part may be as follows: “The employee’s salary in accordance with the employer’s wage system consists of the official salary” or “A piece-rate wage system is established for the employee.
Wages are calculated based on piece rates established in the wage regulations and the amount of work performed by the employee.”

The same approach can be applied to individual employees whose work assessment requires an individual approach. For example, such an employee would be the hired manager of the employer. Making a record of a bonus in an employment contract So, how to write a bonus in an employment contract? If there is a provision on incentive payments in the text of the employment contract, it is possible to write, for example, the following content: “Bonus payments to the employee are carried out in accordance with the rules of the employer’s Regulations on Bonuses.”

If the employer does not have an internal regulatory document or an individual bonus scheme has been established for the employee, then in his employment contract, for example, the following entry can be made: “If the employee conscientiously performs job duties, the employee is paid a monthly bonus in the amount of 20% of the salary.”

Is it necessary to include allowances in an employment contract?

Our organization uses various remuneration systems. For example, some workers receive a salary, some have piecework, and some of them work in hazardous conditions. How can this be included in employee employment contracts? Is it possible to simply refer to local regulations? SALARY AMOUNT IS A MANDATORY CONDITION OF AN EMPLOYMENT CONTRACT Conditions of remuneration are among the mandatory conditions of the employment contract (paragraph 5, part.
2 tbsp. 57 Labor Code of the Russian Federation). Labor legislation includes such conditions: the tariff rate or salary (official salary) of the employee; additional payments; allowances; incentive payments. According to Part 1 of Art. 135 of the Labor Code of the Russian Federation, wages for a specific employee are established by an employment contract in accordance with the wage systems in force for a given employer.

Is it necessary to include allowances in an employment contract?

But in labor legislation there is no clear definition of the concepts of “allowance” and “additional payment”, so HR experts in this matter proceed from established practice. In accordance with it, additional payments, as a rule, include payments that are of a compensatory nature, for example, for working conditions recognized as harmful or dangerous, intensive work hours, or combining several positions.

The procedure for changing wage conditions

Allowances, most often, are not conditional on the employee performing additional functions beyond those specified in the employment contract.

They, as a rule, are stimulating in nature and are established for some personal merit of the employee. Thus, bonuses are additional payments for knowledge of a foreign language, academic title, and work experience. The purpose of paying bonuses is to motivate, encouraging the employee to develop existing and acquire new professional competencies.

Is it necessary to include allowances in an employment contract?

The wording may be as follows: In this case, the employment contract cannot use the wording “Payment according to the staffing table” or “The official salary of the employee is established in accordance with the staffing table.” If the employer does not indicate a specific salary amount, this will violate the requirements of paragraph 5 of Part 2 of Art. 57 Labor Code of the Russian Federation. Thus, referring to the staffing table instead of indicating the specific amount of the employee’s salary is a violation of the requirements of labor legislation, for which the employer may be held administratively liable under Part 1.
1 tbsp. 5.27 of the Code of the Russian Federation on Administrative Offenses (CAO RF). Therefore, when paying time-based labor, the employment contract must indicate the specific amount of the tariff rate or official salary of the employee, as well as additional payments, allowances and incentive payments.

Sedchenko Sergey Nikolaevich (05/12/2014 at 21:18:30)

Good evening, Maria. Surely, the conditions for paying the bonus are specified in the employment and collective agreement. The documents (employment contracts, Regulations on bonuses, etc.) must stipulate the conditions under which the bonus may not be paid or only partially paid. If there are none, then in fact the bonus takes on the same character as the salary. This means that the employer is obliged to pay it by default, regardless of any conditions, incl. performance indicators and labor quality. It is clear that such a bonus will not be able to work as a motivating factor, because the employer will have no reason not to pay it. As for the procedure for paying bonuses, the employer has complete freedom. If a clause appears in the bonus document stating that if the employee has a disciplinary sanction during the reporting period, the bonus amount is reduced by half, or even not paid at all, then in such conditions the absence of the bonus part or its reduction will already be justified. In other words, employees will have the same incentive to do their work well and efficiently, avoiding disciplinary violations.

Order to change the terms of remuneration

Therefore, carefully check the terms of the contract regarding in what cases you, as an employee at your company, may be deprived of a bonus. Another significant point is that, in principle, bonuses cannot be deprived! Unfortunately, many people forget that by its nature this is not a guaranteed payment, but an incentive payment. To obtain it, you must comply with the conditions specified in the contract and local regulations. If they are not fulfilled (for example, the employee has a penalty - see the previous example), then it is more correct to use the wording not “deprived of bonus”, but “premium not paid”, since the person did not earn it - did not ensure the fulfillment of the conditions necessary to receive bonuses . In general, in order for me to specifically answer your question, it is necessary to see the labor and collective agreements. My answer, your review. If the answer is clear, click +. If you need full legal advice on this issue, please contact us by first sending photocopies of your employment contract by email. Sincerely, Sergey Nikolaevich.

Terms of remuneration in the employment contract

Employment contract– an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

The parties to the employment contract are the employer and the employee.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer (Article 67 of the Labor Code of the Russian Federation). In addition, Article 67 of the Labor Code of the Russian Federation has been supplemented with a new requirement for the form of the employment contract: receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. However, employers were previously recommended to require the employee to confirm receipt of the contract with his signature. Because in the case of a “problematic” dismissal, the employee could simply state that he did not receive a copy of the contract, and the employer, therefore, had to prove the opposite. This situation is now enshrined in law.

An employment contract is the main document defining the procedure for remuneration of employees.

Changing wages downward: legal ways

Moreover, from the meaning of Article 57 of the Labor Code of the Russian Federation, the terms of the employment contract cannot worsen the position of the employee in comparison with the Labor Code, collective agreement, agreements and other regulations.

In accordance with Article 57 of the Labor Code of the Russian Federation, the terms of remuneration are essential terms of the employment contract (i.e., they are stipulated in the contract without fail) and must include: the size of the tariff rate or salary (official salary) of the employee; additional payments, allowances, incentive payments. In addition, the employment contract should indicate the procedure for remuneration in conditions deviating from normal (overtime work, night work, work on weekends and holidays, etc.), determine the place and terms of payment of wages; reflect the form of remuneration - in cash or in a combination of monetary and non-monetary forms.

There are two important and immutable rules enshrined in the Labor Code of the Russian Federation:

1. It is necessary to conclude an employment contract with each employee, which will spell out all the conditions of his work and rest in the organization.
2. Each employer has the right (without going beyond the current Labor Code of the Russian Federation) to independently establish such working conditions, including the type of payment.

Based on this, it follows that any employer can assign his employee one of the types of remuneration permitted by the Labor Code of the Russian Federation, in particular:

• time-based (the employee will receive a salary for a month of work or a fixed rate per unit of time - a day or an hour);
• piecework (the amount of earnings will depend on prices and the number of products produced per month);
• commission (the employee is set a percentage (commission) for goods sold (work, services)).

These types of earnings can be used either separately from each other or of a mixed nature. All this depends on the specific working conditions in the organization, but must be specified in the contract when hiring an employee. The type of remuneration is an essential condition of the TD, therefore, in the event of any changes in this matter, the parties will have to enter into an additional agreement. (Art., Labor Code of the Russian Federation).

How to properly draw up an employment contract with piecework wages

Each employment contract () requires the employer to draw up certain nuances when drawing up. In particular, it must provide for how non-working holidays will be paid for, as well as set prices. Since the norms Article 57 of the Labor Code of the Russian Federation The employer's obligation to indicate in the contract with employees all terms of remuneration is expressly provided, namely:

• size (official salary) of the employee,
• surcharges,
• allowances and incentive payments,
• prices per unit of products produced or work (services) performed.

However, it is allowed for the document to contain references to internal local acts that set prices at the enterprise for a manufactured unit of product (another operation or work, service) and production standards. In this case, in the text of the TD you can write the following phrase:

A piecework wage system is established for the employee. Wages are calculated based on piece rates established in the wage regulations and the amount of work performed by the employee.

In this case, the employee with whom the TD is concluded must be familiarized with the order or other local act against signature at the time of employment. It is important to remember that, in accordance with the requirements Article 136 of the Labor Code of the Russian Federation wages to workers with piecework wages must be paid in the general manner, namely at least twice a month, with an interval of no more than 15 days between payments.

Document form

Any TD must be concluded in writing and certified by the signatures of the head of the employing organization and the employee himself. The law does not provide for the oral conclusion of such a contract. (approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858), however, if desired, all other employers can use it. This template is convenient because it already provides for all the current norms of the Labor Code of the Russian Federation and other legislative acts, so this is a successful example of an employment contract. Piecework payment (2017) in its section on salaries must be prescribed by the organization itself. In a TD that an organization has developed independently, this section may look something like this:

Features and nuances

Salary for holidays

In the TD it is important to provide for the specifics of payments for holidays in accordance with the standards Article 112 of the Labor Code of the Russian Federation. Typically, for such dates, employees who do not work on a salary are entitled to additional remuneration. The procedure and amount of additional payment are usually prescribed directly in the employment contract, but a separate local act can be approved, which can be referred to in the contract. In this case, the employee must be introduced to it against his signature at the time of applying for a job. Moreover, such additional remuneration is part of the remuneration.

Shift work

If the organization provides for piece workers, including night shifts, then the employer does not have an obligation to pay additional remuneration for holidays. In this case, it is necessary to take into account the increased rate for work at night and on weekends, including holidays. All this must be reflected in the TD.

Piece-bonus payment

Sometimes an organization uses a piecework-bonus system, in which case this must also be reflected in the TD. In this case, it is necessary to indicate that the employee will receive a bonus for production results if the bonus conditions are met. Such a bonus can be set either in a fixed sum of money or as a percentage of the cost of the work performed. In this case, it is necessary to make reference to the local acts of the organization containing piece rates and. The employee must be familiarized with them and signed.

Simple

It is advisable to indicate in the employment contract what guarantees are retained by the employee in the event of... The management of the organization must remember that the monthly salary for an employee who regularly went to work and followed all the orders of management cannot be lower, provided that he works full time. Therefore, it is imperative to provide for a guaranteed minimum in the contract.

Sometimes employers consider it necessary to pay their employees additional funds in addition to their salaries in order to reward them for good work or to compensate them in some way. The very name of the bonus indicates that it is not assigned to everyone, but only to specific employees based on certain indicators.

Let us clarify on what basis a personal allowance can be established, which categories of workers are not entitled to it at all, how to properly formalize it, and, if necessary, cancel it.

The essence of a personal allowance

An employee can receive not only a “bare” salary, but also additional payments, including those assigned in addition to wages.

The Labor Code does not have a precise definition of a bonus. The bonus included in the salary, reflected in the employment contract or additional agreement to it, is common to all personnel when certain conditions occur, for example, for work in certain climatic zones, for shift work, etc. Such bonuses are not considered personal.

If the employer is not obliged to assign a bonus, but he does it for individual employees on an individual basis, reflecting the conditions of appointment in a special Regulation, collective agreement or other local act, such payment will be personal bonus. The right to assign such payments by the employer is granted by Art. 135 Labor Code of the Russian Federation.

The feasibility of assigning personal allowances

In what cases may an employer need a personal allowance mechanism? When might it be necessary to make remuneration special for a specific employee or group of employees? The following options are possible:

• the employer wants to highlight the successes of a particular employee;
• there is a desire to reward an employee for having outstanding or unique knowledge and skills;
• It is undesirable to change the existing system of rates and salaries, but at the same time there is a need for additional incentives for workers.

Different types of personal allowances

The type of allowance can be determined by various factors:

1. Basis for accrual - the employer has the right to assign a personal allowance:
   • for experience;
   • for skill level;
   • for a certain intensity of work;
   • for professional excellence;
   • for performing tasks of special importance and/or urgency;
   • for “bonus” skills and abilities, for example, knowledge of a foreign language;
   • for an academic degree in a specialized field;
   • for work under conditions of official secrecy, etc.
2. Duration of validity of the provisions on the allowance - these payments can be established either permanently or temporarily:
   • for a month;
   • per quarter;
   • for a year;
   • indefinitely.
3. The amount of the premium can be determined in different ways:
   • a fixed amount is fixed in local documents;
   • the amount of the bonus is calculated in a certain way, for example, as a percentage of the salary or average salary;
   • determination of the size by the labor participation rate: the monthly amount allocated for allowances will be distributed differently within the group of workers.

NOTE! Despite the fact that the amount for personal allowances is not limited by law, they should not be set in an amount exceeding the monthly salary. Large premiums are difficult to justify in court in the event of any disputes; there is a high probability that they will be recognized as part of mandatory payments. Practice shows that the maximum amount of a personal bonus should not be more than 50% of the salary, and the optimal amount is 10-20%.

Who gets a personal bonus and who doesn’t?

Additional personal benefits can be assigned to any full-time employee of the organization, since they are added to his salary, often calculated as a percentage of his salary. At the same time, the registration of an employee on the staff does not have much significance; the following may qualify for a personal allowance:

• an employee who has entered into a regular employment contract;
• "conscript";
• part-time worker.

It is not customary to assign personal bonus payments to the following categories of workers:

• freelancers;
• workers working under a contract;
• concluded

Registration of a personal allowance

The employer is not obliged to include the terms of the personal bonus in the employment contract, since this is an incentive payment. But since this is still part of the remuneration, it must be documented. To do this, you need to regulate the personal bonus in a collective agreement or in the Regulations on remuneration and be sure to refer to this document in the text of the employment agreement (Article 57 of the Labor Code of the Russian Federation).

IMPORTANT! If the employer does not include provisions on the bonus in local documents, paying it without registration, he is not threatened with legislative liability. The only thing that can serve as a disadvantage for the employer in such a situation is that unreasonable payments cannot be attributed to expenses that reduce the tax base.

Petition and order for personal allowance

How else can you arrange the payment of a personal allowance, if not through a separate document? This may be necessary when the nature of the payments is not systematic, but one-time or calculated for a certain period. In this case, it is advisable to draw up a memo (petition) from immediate management to a higher one who has the authority to assign an increase. This could be the general director, financial director, head of the personnel department, chief accountant, etc. In the text of the note, in addition to the mandatory details of business documents, you should indicate:

• arguments justifying the assignment of a bonus to a specific employee or their group;
• the expected amount of additional payment;
• at what expense is the premium supposed to be assigned (for example, from the wage fund or by increasing profits from sales, etc.);
• validity period of additional payments.

ATTENTION! It is not customary to formalize permanent allowances using memos. After the specified period has expired, you can again apply for a supplement. With this kind of document you can request the appointment, increase, decrease, extension or cancellation of a personal payment.

The compiled memo, signed by management, will become the basis for preparing an order for the calculation of the allowance. The execution of this order can be in any form. It is important to correctly motivate the appointment of additional payments, since their feasibility from a production or economic point of view is a guarantee that these costs are included in the cost of production, which is very strictly checked by tax authorities.

After issuing an order to assign an allowance, the employee must be familiar with it, which is confirmed by a personal visa (this procedure is common for any orders).

Cancellation of personal allowance

Like setting, canceling or changing a personal allowance occurs by order of management.

ATTENTION! The employer is not obliged to inform staff about the reasons for assigning personal allowances and their amounts, but if he plans to stop these payments, it is better to warn about this in advance.

Important nuances of personal increases

It is important to regulate all financial issues correctly and take into account all legislative subtleties. When assigning personal increases, the employer must take into account certain circumstances:

1. A correctly executed personal allowance in accounting is treated as “labor expenses”.
2. The bonus is calculated simultaneously with the salary.
3. This payment is included in the calculation of average earnings necessary for calculating, for example, vacation pay (Resolution of the Government of the Russian Federation No. 922 of December 24, 2007, as amended on October 15, 2014).
4. If the deadline specified in the bonus regulations is violated, when the payment is unreasonably and unexpectedly terminated earlier for the employee, the employee has the right to demand additional accrual of the bonus and payment of late fees.
5. If the head of a structural unit does not send a memo on time, personal payments will be stopped, because this document is the basis for issuing an order to accrue funds.
6. If an employee receiving a personal allowance is transferred to another position, the right to the allowance is not retained unless it is provided for by the provisions of the new position.
7. A change in the leadership of an organization may lead to changes in the provisions on personal allowances.
8. A personal allowance must be reflected in the staffing table, indicating the numbers of orders for its accrual.

An increase to the official salary in the employment contract is indicated as part of the remuneration system operating in the organization and refers to the mandatory conditions of this document. Despite the fact that the terms of payment and the amount of bonuses are stipulated by the local regulations of the enterprise, failure to indicate them in the text of the concluded contract during inspection can be qualified as a violation of the requirements of labor legislation (Article 57 of the Labor Code of the Russian Federation).

From the article you will learn:

• What is the difference between allowances and surcharges?
• what determines the size of the bonus to the official salary;
• how to establish a bonus to the official salary in an employment contract;
• How to change the bonus in an employment contract.

Allowances and surcharges: what's the difference?

The size of the established bonuses to the official salary in the employment contract can be specified in specific monetary terms or as a percentage of the fixed salary. At the same time, those additional salary payments that are specified in the employment contract must exactly correspond to those established for company employees by the collective agreement, agreements and other local regulations.

If the amount of the additional payment is not directly stated in the text, the contract must provide a reference to the relevant norms of the documents that establish this bonus, the grounds and conditions for its payment.

How to change the salary supplement in an employment contract

Since allowances are part of the remuneration system used at the enterprise and relate to the mandatory terms of the employment contract, changing them, either down or up, is qualified by law as a change in working conditions. This means that all amendments to the contract can only be made by agreement of the parties, drawn up in writing.

Exceptions that allow changes to the terms of an employment contract unilaterally at the initiative of the employer include cases provided for in Art. 74 of the Labor Code of the Russian Federation, caused by organizational or technological changes in production conditions at a given enterprise.

From the book you will learn what difficult situations may arise with the remuneration of employees and how to solve them, how to introduce piece-rate wages taking into account the latest changes. We will consider in detail: how and when to provide compensation for work on weekends and non-working holidays, what common mistakes employers make when paying overtime. We will also look at how to prepare for an unscheduled inspection of the State Labor Inspectorate, what fines and sanctions are possible for violations of wages.

It is impossible to change the grounds, conditions and amount of additional payments by making appropriate adjustments to local regulations, since they are usually referenced in the employment contract and the employee became familiar with their provisions when applying for a job.

But in an employment or collective agreement it may be established that, upon a written application from an employee, part of the payment (less than 20% of the accrued monthly salary) is made in non-monetary form (stat. 131 of the Labor Code of the Russian Federation, paragraph 54 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

- in non-monetary (namely, in kind) form at the place where the work was performed or in another place (stat.. stat.. 131, 136 of the Labor Code of the Russian Federation).

Is it necessary to indicate allowances in an employment contract?

The possibility of paying an advance is not noted. It is necessary to indicate that salaries are paid at least twice a month. The terms and amounts of payment can be fixed either in the contract itself or in the internal labor regulations.

• The form of remuneration was incorrectly indicated. An error will be considered a situation when the employer pays part of the salary in a product, and this is either not fixed in any way in the contract, or the largest share of the total payment is not limited. In the Labor Code of the Russian Federation, this figure is 20% of the monthly salary. Moreover, the employee's written consent is required. If wages are indicated in foreign currency, then such a document will not be valid in our country. Regardless of what currencies the organization works with, the amount of payment in the employment contract is specified exclusively in rubles.
• Illegal penalties are prescribed. In order to further stimulate employees and preserve their own funds, employers indicate various fines in the contract.

Five of the most insidious mistakes made when negotiating salaries in employment contracts

Therefore, if your company’s incentive payments are irregular, say at the end of the year or half a year, then it is safer to indicate the lowest salary in the contract. In other words, only salary. And one-time prizes should be assigned by order of bonus specifically before they are issued.

Some employers believe that it is not necessary to indicate the salary in numbers in an employment contract. And they make a link to another document where this amount is indicated. Most often - for staffing purposes.

Supplement to official salary in an employment contract

As established by stat.. 135 of the Labor Code of the Russian Federation, the employer is endowed with the capabilities and can, through his local regulations, as well as a collective contract, establish other increases and incentive payments to employees, determining their amounts without the help of others. Such increases are, for example, additional monthly payments for length of service (continuous work experience at a given enterprise), for professional skill, for class, for the highest level of qualifications, etc. In such cases, the amount of payments is usually set as a percentage of the salary .

Dear readers!

An increase in the official salary in the employment contract is indicated as part of the remuneration system operating in the organization and refers to the mandatory conditions of this document. Despite the fact that the terms of payment and the amount of bonuses are stipulated by the local regulations of the enterprise, failure to indicate them in the text of the concluded contract during inspection can be qualified as a violation of the requirements of labor legislation (stat. 57 of the Labor Code of the Russian Federation).

Is it possible not to indicate the specific amount of salary, additional payments and allowances in an employment contract?

When entering into a contract the criteria for remuneration in terms of payments and allowances and other compensation payments, it is better to indicate their specific amount, but you can only indicate the condition that they are paid, and refer to the local regulation regulating the size, procedure for their establishment and payment. But the salary must be indicated in numerical terms, and here's why.

"Personnel department of a commercial organization", 2012, N 10

How to write a bonus in an employment contract

If the employer’s bonus system is quite ordinary, that is, it does not imply a contrast in the types of bonuses and a complex system for assessing the amount due to the employee, then the conditions relating to this type of payment can be specified specifically in the employment contract. The same approach can be used for individual employees whose work assessment requires a personal approach. For example, such an employee would be the hired manager of the employer.

Art. 41 Labor Code of the Russian Federation. Contents and structure of the collective contract

An employee's salary can consist of several components. One of these parts is incentive payments, initially in the form of bonuses.

Bonus in the employment contract

Appeal ruling of the Moscow City Court dated November 8, 2012 N 11-26313.

Let us give examples from judicial practice. The employee’s employment contract specified a salary and a fixed bonus in the amount of 100% of the salary. Therefore, the plaintiff simply recovered the bonus that was underpaid to her, which the court stipulated as an irrevocable part of the salary. In another case, the employer was ordered to pay a prize equal to 30% of one year's salary. The court did not accept the organization’s argument that this prize is stimulating and is a right, not an obligation of the employer, while the employees committed violations of labor discipline and did not do their duties accordingly. He took into account that no criteria for the payment of the prize were established either by employment contracts or by local regulations of the employer.

How to include salary supplements for employees in an employment contract

In other words, the salary of each employee must take into account the aspects enshrined in legislation, including working conditions. Typically, employers include in the contract with an employee a special section dedicated to the terms of remuneration for this employee (for example, “Wages”).

• types of bonuses paid;
• frequency of their accrual;
• the circle of employees subject to a certain type of bonus;
• a list of characteristics giving the right to receive each of these payments;
• systems for assessing bonus characteristics;
• algorithms for calculating certain amounts depending on the results of assessing bonus characteristics;
• the procedure for reviewing and documenting the final assessment of the employee’s role in the labor process;
• grounds serving as grounds for deprivation of the bonus;
• a procedure allowing an employee to challenge the results of bonus distribution.

How to include an additional payment up to the basic salary in a part-time worker’s employment contract

Having considered the director’s complaint, the court found that, by virtue of Art. 287 of the Labor Code of the Russian Federation, the guarantees and compensation provided for in the technical specifications are provided to persons working part-time in full. Art. 140 of the Labor Code of the Russian Federation also does not provide for any exceptions for cases of dismissal of a part-time worker.

Vacation for the position of a teacher is 56 days, and for a travel agency manager - 28. Article 286 of the Labor Code of the Russian Federation gives the employee the right to fully relax, regardless of the duration of the part-time vacation.

How to include additional pay for night work in an employment contract

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When accounting for working time in total, the number of hours per month is different, including hours at night. If your hourly wage is different every month (depending on the number of hours according to the norm of the production calendar in each month), then it will be difficult to calculate 35 percent of it for all occasions. And if it’s monotonous, then in principle it’s possible. But in any case, this value is the result of certain calculations depending on certain characteristics, and not a fixed amount. Therefore, in the contract or in the LNA there is only interest.

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We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

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