Is it possible to reduce the salary of municipal employees. The legal procedure for reducing wages at the initiative of the employer - registration, whether the consent of the employee is needed

The crisis in the country is forcing many employers to tighten their belts. A serious decline in profits forces them to cut staff or reduce wages for their employees. And the last option for leaders is the most preferable. Consider when you can legally and without consequences go to.

Salary components

To deal with this, and thereby reduce the salary, you need to understand what it consists of. Which parts are fixed and which ones can change.

The Labor Code says that wages can have the following components:

• payment for performance official duties(the size of this part depends on the level of qualification and working conditions: its severity, volume of work and its quality);
• compensation;
• stimulating part (this also includes bonuses).

Labor legislation not only defines the concept of salary and tariff rates, but also emphasizes that their size should be fixed. But motivational payments are necessary to stimulate employees. This means that they are not permanent.

Finally, in answer to the question, Can an employer cut wages?, we will start from the fact that the salary consists of a fixed and a changing part:

Salary Information

The Labor Code (Article 57) obliges the employer, when hiring a person to work, to indicate in labor agreement salary information. It prescribes data on salary, possible additional payments, incentives and allowances.

Information on the procedure for certain payments at the organization level can also be secured through special internal documents. They may be a provision for bonuses.

It depends on what kind of rules are enshrined in these two documents, Does an employer have the right to reduce an employee's salary?.

Variable benefit reduction

Undoubtedly, the employer is obliged to pay employees their official salaries. And can he deprive his employee in whole or in part of the bonus? It all depends on what is written in the employment contract (see table).

Condition of the labor agreement	What in practice
It is indicated that when the plan or some other indicator is fulfilled, the employer undertakes to pay a bonus	Depriving an employee of a bonus will be illegal. This means that the manager violated the conditions of the prisoner with the employee employment contract.
It is noted that the procedure for paying bonuses determines the provision on bonuses	When making a decision, you will need to be guided by it. If monthly bonuses are not mandatory under this document, then due to non-payment of bonuses would be legitimate.

Change in the provision on bonuses

The employer may not have a local bonus document. At the same time, you can change or cancel the effect of internal rules at your discretion. This right also applies to the provision on bonuses. It is enough for the head of the organization to issue an appropriate order. Employees must be familiarized with all the changes made: ask them to mark this.

Please note: in an organization that has a trade union cell, such changes, including reduction in salary at the initiative of the employer, previously agreed with its members.

How to reduce the fixed part of the salary

An even more difficult situation, , arises when an organization wishes to reduce the fixed component of the salary.

An important nuance: the employer cannot unilaterally change the terms of the employment contract. He needs to get the consent of the employee, and most of them will not agree to this.

There is only one reason when it is not necessary to obtain consent from the employee. It is spelled out in article 74 of the Labor Code of the Russian Federation. This reason lies in the fact that the working conditions have changed due to technological or organizational innovations. B to sort it out how to reduce the salary of an employee legally in this case, one must first understand when such grounds apply.

Technological and organizational innovations

There is no clear list of such changes in the Labor Code. Article 74 names only a number of situations when the employer has the right to change the employment contract unilaterally. The most common situations include the following:

• in production, the technologies used have changed or new ones have been introduced;
• technology has changed;
• there has been a change in the structure of the enterprise (including management);
• workplaces improved through their special assessment;
• use of other forms of organization of work;
• change in workload between departments.

Please note: only those changes that imply the inability to leave the employee’s working conditions the same can be used as the basis for amending the employment contract. If necessary, the employer will have to defend his point of view in court.

EXAMPLE 1
A drop in sales is not a weighty argument for a pay cut, as it is not related to technological or organizational changes.

What situations allow reduction in salary at the initiative of the employer legally?

EXAMPLE 2
The leader relieves some of the duties from his employees. This situation occurs when one of the directions of the enterprise is curtailed. As a result, some of the duties will become irrelevant. Therefore, the terms of previously concluded employment contracts cannot be left unchanged.
All this becomes the basis for making adjustments, due to which downward change in wages for a number of employees.

Keep in mind: if the employer, when amending the employment contract, refers to Article 74 of the Labor Code of the Russian Federation, then he does not have the right to change the labor function of his employees. This means that the head of the organization cannot unilaterally prescribe another position!

How to amend an employment contract

If the head of the organization considers it necessary to amend employment contracts with employees on the basis of the law, then he must act in the following order:

1. It is necessary to indicate the changes in working conditions that have occurred in the relevant document. If there is a cessation of work in any direction, then an order is issued to close it.
2. Next, you should draw up and issue an order containing information about salary reduction at the initiative of the employer indicating the effective date of these changes.
3. At least two months before the entry into force of the order, the employer must writing warn about downward changes in wages all those employees who will be affected by this change.
4. If the employees agree to work for a new reduced salary, an additional agreement is drawn up, which reflects the changes that have occurred.

Some employees may not agree with such changes. Then they need:

• as an alternative, offer available vacancies that would suit them in terms of their level of competence;
• and in the absence of such jobs, it should be informed about the available positions for which a lower salary is due.

When an employee rejects all the options offered, the only thing left to do is to fire him. IN work book the entry is made with reference to clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.

Reducing working hours

To reduce your payroll costs by salary reduction at the initiative of the employer, he can use another option - to establish a part-time mode at the enterprise.

For example, if an organization has a 6-day work week, the number of working days can be reduced to 5 or 4. In this case, the salary will be paid in proportion to the days worked.

But the employer has the right to reduce the length of the working day only if both conditions are met simultaneously:

1. organizational or technological change working conditions;
2. a serious reduction in the number of employees is possible due to the circumstances that have arisen.

Otherwise, the employer has no right to reduce the number of working days.

Decrease wages at the initiative of the employer - an extremely unpleasant situation for any employee. Therefore, many people who are not ready for such a development of events are interested in how legal it is. We will analyze what are the nuances in the issue of reducing wages and how an employee should act if he believes that his rights have been infringed.

Relations between an employee and an employer are regulated by the Labor Code of the Russian Federation, their duties are described in articles 21 and 22, and a separate chapter 21 is devoted to wages. The amount of wages must be indicated in the employment contract. It must be at a level not lower than the minimum wage adopted at the time of signing the contract. At present (beginning of 2018), the minimum wage is 9489 rubles. Accordingly, the contract cannot specify a number less.

It is not possible to reduce the salary specified in the employment contract

Why you can't cut wages

It is not possible to reduce the salary specified in the employment contract. The employer may try to force the employee to re-sign the contract indicating a reduced salary, but in this case, his actions are illegal. The employee cannot and should not make concessions, in this situation the law is definitely on his side. Unilateral amendment of an employment contract is illegal, such contact will not be legally binding. Therefore, do not think about whether they can lower wages without the consent of the employee. Officially - no.

The law also prohibits the employer from creating conditions that worsen the situation of his employees. The reduction in wages is a direct worsening of the condition of the workers. At first glance, it seems that in this case the answer is obvious and the employer cannot reduce wages, but in reality, unfortunately, everything is not so simple. There are several tricks with which entrepreneurs start saving on their subordinates.

As for the transfer of salaries, then, in accordance with the law, it must be paid at least 2 times a month with an interval of 15 days. Payments cannot be delayed. Penalties are charged for each day of delay. The employee has the right to write a letter of resignation from any date, and the employer is required to sign it. Payment dates are indicated in employment contracts and internal documents of the enterprise, to which any employee of the enterprise must have free access.

For violation of the terms of remuneration, reduction in the amount of wages and other manipulations of the employer, the employee has the right to sue. The main thing in this situation is to have documentary evidence of the violation. If several employees or the entire team suffered from the actions of the employer, it is necessary to file a class action lawsuit. It is more likely to protect workers' rights.

Legal grounds for a pay cut

The law provides for a situation where the salary of an employee can be reduced. We are talking about restructuring the enterprise and changing the staffing table. The entrepreneur reviews job responsibilities, redistributes or reduces them, changes tariff rates, and, due to a decrease in work, also reduces wages.

But in this case, he is obliged to notify employees of the changes in writing, at least two months in advance, and to offer all dissenting employees to take vacant positions in accordance with their level of qualification. Dissenting employees are dismissed with the compensation required by law.

Most workers do not resort to this method, as it is laborious and in any case will require costs. Such measures are forced by the state and municipal institutions, schools and technical schools, museums or libraries, which, with a lack of funding, are forced to cut costs.

Reduction of wages for an employee may occur in the event of a restructuring of the enterprise

How employers can circumvent the law

So, does the employer have the right to reduce the salary of the employee? Strictly speaking, no. It is not allowed to make unilateral changes to employment contracts and reduce wages in this way - this is prohibited by law. However, in practice things are different, and many people have to deal with a situation where they receive less for the same work than they used to.

This statement does not refer to inflation and purchasing power at all, when a person receives the salary specified in the contract, but can buy less for it, but about a situation where, for example, a person receives 25,000 rubles in one month, and 20,000 rubles in the next etc. Can this be prevented?

In a crisis, many entrepreneurs, who might be happy to pay good money to their employees, have to figure out how to save money, including on salaries. Unfortunately, there are several ways in which employees will have nothing to counter (unless they foresee this situation in advance).

Incorrect drafting of an employment contract and "gray" salaries

Entrepreneurs often negotiate with employees on "gray" salaries: the contract indicates minimum size wages, and "on hand" promise to pay more. Unscrupulous employers are trying to convince their employees that this arrangement is beneficial to both of them, so both will pay less taxes, but this is not entirely true.

The fact is that from each salary the employer must pay personal income tax (13% of the amount specified in the contract) and insurance premiums for compulsory pension, social and medical insurance (from 5% to 22% in different situations). Obviously, it is beneficial for the employer to indicate the lowest possible salary and pay mandatory payments from this minimum.

Employees do not dare to demand an honest conclusion of the contract and fixing the real amount of wages in the contract, but they do it completely in vain. By giving up their legal right to fair and transparent pay, they allow their employer to manipulate them in the future, and also close the door to litigation.

Demand fixing the real amount of wages in the contract

Some sincerely believe that with a “gray” salary, it will be possible to significantly save on paying personal income tax, but this is not so. The amount of income tax individual from the minimum wage is 1233.5 rubles. If your contract contains a real salary, for example, 20,000 rubles, you will pay 2,600 rubles. The difference is not too significant, but you guarantee yourself the right to receive a stable salary without illegal deductions.

In case of violations, an employee with an honest contract will be able to defend his rights in court.

If the minimum wage is specified in the contract, and for some time the employer paid you more, he can reduce your salary at any time by any amount, even directly to 9489 rubles, and, from the point of view of the law, he will be absolutely right. Your "agreements" have no legal force if they are not reflected in the documents.

In some situations, the employer asks employees to “get in position”, claiming that it is temporarily not possible to pay for work. In this case, employees should consider the situation on their own: if they trust the employer and there are objective reasons for the delay and reduction in payments, it may be worthwhile to meet halfway. If a person does not trust the employer, it is worth refusing to make concessions and demand payments in full.

In addition, the employer may vary the amount of bonuses, percentages of sales, and so on, if their amount is not fixed in the employment contract. Otherwise, you won't be able to cut them.

Conclusion

If you have not yet found the answer to the question: "a decrease in the salary of an employee - is it legal", let's summarize what was written above. Under normal conditions, when there is no restructuring of the enterprise, the employer cannot unilaterally, without notifying the employees, amend the employment contract. These changes will simply not be legally binding.

The employer has no right to delay payment and pay less than specified in the employment contract. But if the employee initially made concessions and agreed to a “gray” salary, the employer can reduce payments at any time. In the event of a dispute, employees are encouraged to contact labor inspection and court.

Wages are the main guarantee in the relationship between employees and the employer. Mandatory payment for work is a direct and inalienable responsibility of management.

At the same time, the size of the official content is the main basic part of the earnings of the staff. On its basis, other surcharges and allowances are calculated. Therefore, maintaining the size of the content is an important guarantee of the financial situation of employees.

Therefore, every worker has a direct interest in preserving given value or its increase. A reduction in the rate directly affects the interests of employees and always causes a lot of controversy.

Is the pay cut legal or not?

Wage reduction is an article of the Labor Code of the Russian Federation, this is a whole set of norms that should be brought in a logical sequence. This gives a better understanding of the employer's capabilities and the empowerment of employees. The basis of everything is Art. 57 of the Labor Code of the Russian Federation, which establishes the obligation of the management to fix the provisions on payments in the labor agreement with the employee.

As the next rule, Art. 72 laws on labor relations. According to this norm changing the established volume is allowed only if there is an agreement between the parties. This means that salary reductions are only possible by agreement. Such an agreement can only be voluntary.

Therefore, a reduction in salary at the initiative of the employer is applicable with the consent of the workers. At the same time, the law defines cases when the employer can take a unilateral initiative and establish the fact of a decrease in income and they need to be specified in more detail:

• organizational changes. For example, the number of staff has changed and there is no longer a need for large earnings. At the same time, the employee does not lose his place;
• technological innovations. Introduction of new technological solutions, which allow to reduce the degree of participation of workers in the final result.

In these cases, there is no need to agree on a reduction in income. It all depends on the initiative of the employer.

Reasons for reducing employee salaries

As a rule, the reasons are unfavorable economic factors. Often, the question is the survival of the enterprise. Either salaries remain the same and this will lead to disaster, or there will be a reduction and this will enable the enterprise to survive.

But, if the team is against a reduction in income, then there must be objective grounds for an initiative decision by the management. As stated above, this must be due to technological or organizational changes.

How to apply for a salary reduction at the initiative of the employer?

The reduction in the wage rate and the reduction in the number of workers must be properly documented. When reducing the income of staff, the employer is obliged to prepare an additional act to the main working agreement. This agreement will consolidate the changes associated with the reduction in salary.

At the same time, a salary reduction is formalized by agreement in all cases - with a decrease in wages at the initiative of the employer and in agreement with the staff. The specified wage reduction agreement includes the specific value of the new rate of income.

Sample notice of salary reduction

Income Reduction Notice is binding document. Every employee who is affected by a pay cut should be familiar with it. It must be said that the notice of wage reduction is a form of observance of the rights of the staff. After all, employees may object. As a consequence of this position, they will have to terminate agreements.

Salary change request sample

After the staff is notified of the reduction in wages, it is necessary to issue an order to this effect. This document will consolidate and express the management's decision. It must be executed correctly and in compliance with all the rules. It is important to reflect all changes and innovations. A reduction in the salary of an employee at the initiative of the employer on legal grounds will be correct if it is drawn up in the specified form.

Additional agreement on salary reduction - sample

Additional agreement is another mandatory act. It includes all changes. After all, in addition to the salary part, the employee's income is determined by other payments. They all need to be reflected in more detail in this document.

Decrease in payroll

The reduction in wages is to be reflected in staffing. This is an internal company document that reflects all changes. But this technical documentation, which includes those changes that occurred on the basis of the order.

Accordingly, the reduction must be reflected in the staffing table. This means that you need to make changes to this document.

How to apply for a reduction in salary by agreement of the parties?

If there is an agreement between the parties, the same process as above takes place. This means that you need to obtain the written consent of the employees, and then adhere to the described algorithm. That is, an order is issued. Then, an additional agreement is drawn up. After that, you should make adjustments to the staffing table.

The wage rate is required condition employment contract, the obligation to comply with which lies with the employer. However, in some cases, the salary may be reduced. It is important to consider whether the employer has the right to reduce the salary of the employee, on what grounds and in what order.

The legislator establishes 2 options for reducing wages:

1. At the initiative of the employer. Perhaps on the grounds provided for by the Labor Code of the Russian Federation. Implies registration additional agreement to an employment contract.
2. By mutual initiative (with the consent of the employee). Changes to the employment contract are made on the basis of an agreement drawn up with the employee.

Non-compliance by the employer with the requirements on the procedure for reducing the amount of wages is the basis for bringing him to responsibility.

Reasons and grounds for unilateral salary reduction

A reduction in wages at the initiative of the employer may be due to the following reasons:

1. Decrease in the efficiency of the employee, his unwillingness to develop and improve his skills in the future.
2. The inability of the employee to cope with new tasks when transferring him to another position.
3. False expectations regarding an employee (for example, when an hired employee starts work).

However, the employer does not have the right to reduce the employee's wages for own will or because of the crisis situation in the country.

It is worth noting: a common situation is to reduce the official salary in order to pay less taxes. In this case, the employee will not suffer in financial plan, since the rest of the salary will be received “in an envelope”. However, such actions are illegal. Read about the responsibility for wages in envelopes.

The Labor Code of the Russian Federation establishes legal grounds on which a reduction in salary can be carried out at the initiative of the employer:

1. Change of technological or organizational conditions labor activity(Article 74 of the Labor Code of the Russian Federation). It is important that the management reducing the salary on this basis has documented evidence of the changes (for example, a change in the technology or production technique, structural reorganization, improvement of places to perform a work function, etc.).
2. Changing the variable part of wages when applying the system of labor indicators. The employer can use grades - levels within which he can change the employee's income. In this case, the salary accrued to the employee will be determined by the following criteria:
   1. the quality of their activities;
   2. the effort expended;
   3. skill level;
   4. the complexity of his duties.

It is important that when reducing the salary on the last basis, the employment contract must indicate the constant part of the salary accrued to him without taking into account the listed indicators. Additionally, the variable part of the salary is indicated (for example, from 5,000 to 10,000 rubles).

Grounds for reducing wages with the consent of the employee

Considering whether the employer can reduce the salary for other reasons, it is worth listing the grounds for reducing the employee's salary (with his consent):

1. Carrying out certification. If, according to the results, the employee is recognized as incompetent to perform official duties, then he is transferred to a lower position, which implies a lower pay. Translation is carried out only when written consent employee.
2. Reduction of staff or number of employees. In this case, the employee is transferred to a lower position with a lower salary or is fired from.
3. Establishment. Only the hours actually worked are subject to payment (for example, at the request of an employee who has a minor child under 14 years of age or a disabled child under 18 years of age).

The consent of the employee to the transfer or transition to a part-time work (shift, week) is confirmed by his written statement.

Procedure for reducing salary

Salary below minimum wage

Having found out whether the employer can reduce the salary, it is necessary to consider the procedure. It consists of the following steps:

1. Notifying an employee of a pay cut in writing. Warning period:
   1. at least 60 days before the reduction for legal entities;
   2. not less than 14 days for individual entrepreneurs.
2. If an employee refuses a pay cut, management may offer vacant position(taking into account the state of health and qualifications).
3. If an employee resigns from a position, as well as in the absence of free vacancies, the employment contract is terminated with him and a severance pay is assigned for payment.

In a different order, the employee is transferred to part-time work time at the initiative of the employer. Such a regime is possible for a period not exceeding six months, and only because of the preservation of jobs to prevent mass layoffs.

Learn more about this topic by asking questions in the comments to the article.

We have had pay cuts at work. Allegedly, the company is incurring losses, and they did not even show the order. Just verbally notified all employees. Tell me, can we somehow defend our rights? Is there any legal reason to withhold money from your paycheck?

LEGAL HOLD
The employer has the right to withhold money from the salary only in strictly defined cases:

• to reimburse the unworked advance payment issued to the employee on account of the salary;
• to pay off the unspent and not returned in a timely manner advance payment issued in connection with business trip or transfer to another job in another area;
• to return the amounts overpaid to the employee due to accounting errors;
• upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days.

• § Art. 137 Labor Code RF

But, apparently, your question is not about deductions from wages, but about its reduction.

WHITE SALARY
The employer can cut wages, but this procedure is very problematic, since the conditions of remuneration (including the amount tariff rate or official salary) are specified in the employment contract.

• § Art. 57 of the Labor Code of the Russian Federation

It is possible to reduce your earnings unilaterally only if the organizational or technological working conditions have changed (for example, changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production). In this case, the employer is obliged to justify the need to reduce wages.

• § Art. 74 of the Labor Code of the Russian Federation

You were required to be notified in writing of the upcoming changes, as well as the reasons that caused such a need, no later than 2 months in advance. But after this period, if you do not want to work with a new salary, you have the right to be fired. The grounds are “the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties.” The same entry about the reason for dismissal will be in the work book, unless, of course, you write a statement of your own free will or by agreement of the parties.

• § P. 7 Art. 77 of the Labor Code of the Russian Federation

Often, employers do not reduce the salary itself, but cut all kinds of bonuses and bonuses. The terms of these payments are set collective agreement, agreement, local regulations. The document must specify whether an edition is required additional order in the event of a reduction in surcharges or a decision of the head is sufficient. As a rule, such actions of the employer do not contradict labor laws, and in the event of a dispute, the courts often support the leaders.

If your salary was cut or incentive payments were reduced without issuing an order, while local acts provide for its issuance, then this is a direct violation of the law.

Stand up for your rights! Complain (collectively) about the actions of the employer to the labor inspectorate and the prosecutor's office.

GRAY SALARY
It is also not uncommon for such cases if workers receive a “gray” salary. In this case, alas, you will not be able to defend your rights. According to the documents, your salary was small. Now it will be almost impossible to prove that you were paid extra money in the envelope. So the employer has every right to reduce the salary to the limit that you were paid according to the statement. The only consolation: the employer has no right to pay you less than 5,554 rubles. (SMIC).