Sum salaries specified in the employment contract between the employee and the employer and is regulated by Article No. 135 of the Labor Code of the Russian Federation. Raise monetary remuneration for work is drawn up bilaterally and may have different grounds, which may be indicated in the internal acts of the enterprise or in accordance with Article No. 134 of the Labor Code of the Russian Federation. This article regulates indexing salaries in line with inflation and rising prices for consumer goods. Moreover, labor legislation does not clearly give instructions to enterprises when and how much they can increase wages. Therefore, you can justify the increase in the order in different ways.
You will need
- -notification,
- -supplementary agreement,
- -order No. T-5,
- - Entering information in the personal card and, if necessary, in work book.
Instruction
To raise salaries it was reasonable to draw up a number of documents that regulate any changes in wages, as well as warn the employee in advance by notifying against signature. If other than salaries it is planned to change the position or its name, in addition, it is necessary to take into account the instructions on this matter in Article No. 72.1 of the Labor Code of the Russian Federation.
The reason for the increase salaries there could be good reasons or inflation. Relevant facts can be used to indicate the reason. It can be: advanced training, obtaining a diploma in higher educational institution, receiving additional education corresponding to a new position or the performance of other functional duties, extensive work experience and accumulated experience. If the rationale for the increase salaries must be issued under Article No. 134 of the Labor Code of the Russian Federation in connection with the increase in prices, the order is issued for each employee separately. The document indicates the basis that the salary is increased due to inflation and the percentage of indexation. Raise for this reason, it is possible not to issue a monetary allowance by notifying the employee, but to produce it unilaterally and familiarize everyone with this fact.
In all cases, an order unified form T-5. The order indicates from what date of the month and year to make an increase salaries, full name of the employee, position, number of the structural unit. If, simultaneously with an increase in the salary, the position changes or official duties, this is also indicated in the order.
To employment contract an additional agreement is drawn up, all information is entered into a personal card, and if the position changes, into a work book.
The accounting department is notified of the accrual of the changed salaries.
If the rise salaries If the employee wants to demand, then you need to present strong and reasoned arguments to the employer. Reason for raising salaries can serve: long experience in this enterprise, the level of professional training and personal merit, increasing prices for consumer goods, advanced training or obtaining a diploma.
In all cases, asking for a raise salaries you need to contact the head of the structural unit or the immediate supervisor.
The question of salary increase sooner or later has to be raised by an employee who is valuable to the company. Its outcome largely depends on how competently the employee chooses the arguments and time to discuss such an important issue.
You will need
- - knowledge of the situation on the labor market in your industry;
- - arguments in favor of your effectiveness for the company and the ability to increase it with an increase in salary;
- - a good relationship with the boss and a good time to talk.
Instruction
An important key to the success of a planned conversation should be a well-chosen time for this. The boss must be in good mood, it is desirable that your conversation is not interrupted by colleagues, distracting you or your boss for urgent matters.
The ideal time for this is considered to be the afternoon: the morning routine has already been raked, and the leader has already eaten and is satisfied with life.
Even better, if the day before you managed to successfully complete the project, cope with the difficult task entrusted to you. Merits tend to be quickly forgotten, so seize the moment.
Studying the realities of the labor market in your industry can be a good source of arguments in your favor. Even if you are not going to leave, it will not be superfluous to apply for several vacancies for a specialist of your level, attend interviews, if invited.
If in the course of such reconnaissance in battle you receive an offer with better conditions, it will serve as an additional argument in the conversation and an alternate airfield in case of an unsuccessful ending.
During the conversation, try not to refer to personal circumstances: nobody cares about them except you. If they are mentioned, then at the very least, especially if the boss is already in the know.
Focus on what benefits you already bring to the company, how much more efficiently you can work when you achieve what you want, and don’t forget to refer to the situation on the market.
If you are of value to the company, and your arguments are not based on nothing, the probability of a mutually acceptable solution is very high.
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Forbes edition of the 10 main mistakes that employees make when they decide to ask for an increase in salary.
1. Demanding a raise during company budget cuts
If people throughout the company are tightening their belts, then it would be at least stupid to go to the authorities with a request for a salary increase.
However, Hellmann believes that a raise can still be raised if there is evidence that you are underpaid in comparison with other employees of the company and in the industry as a whole. The coach advises to say something like:“I am aware of budget cuts, but I am also aware that I am underfunded compared to others . I don't know what you will say about this now, maybe we should come back to the conversation in six months.". Hellmann says he has seen cases where the company cut certain positions in order to retain valuable employees.
2. Asking for a raise without backing it up with results
“You are trying to show your boss that your job market value is higher than what he pays you. But you can't claim a raise if you screw up,” says Hellmann. The best time to talk about boosting is when performance is at its peak.
3. Start a raise conversation when your boss has a lot to do
When the boss is already loaded to the limit, a request to raise wages, most likely, will become for him an additional headache, and not a task, the solution of which he will gladly take on. You should catch the moment when the boss is not so busy and in a good mood. Such things may seem insignificant, but if they are underestimated, the result can be disastrous.
4. Complain and whine
The bosses are not interested in the fact that a lot of time has passed since the last promotion of their employee, that he has many responsibilities, etc. “When you're looking for a promotion, facts are your biggest ally. You must appear persuasive. It's not about "Me, me, me". It's about, "That's the situation. Nothing personal,” Hellmann says.
Your arguments should be based on what results you have achieved at work and what salary corresponds to them.
5. Use your personal life as an argument for promotion
An increase in the family, a mortgage on a home, a lack of funds for travel - all these are not worthy reasons for an increase in salary. The idea of a world where promotions happen based on lifestyle or budget is ridiculous, and that's exactly how the bosses will react to it.
6. Act like you have a raise in your pocket.
Few employees get a promotion just because they have been fulfilling their direct duties all year. This is the bare minimum and does not deserve a raise.
It is necessary to analyze the achievements over the past few months or the past year so that your arguments are based on exceeding expectations or taking on more work than the average worker.
7. Be provocative
When it comes to promotions, some feel resentful that they don't get what they deserve, and then cross their arms and say, "What can you do about it?" It's better to cite your performance figures, show the average market level of salaries comparable to the efforts made, and only after that ask the question: "What can you do about it?".
During negotiations, it is important to mention how much you enjoy working for the company, what growth opportunities it provides, etc. It can be mentioned that there is a lack of a high-level specialist who will attract new clients to the company for the position being applied for.
8. Start a raise conversation with a specific amount
If during the conversation the manager nevertheless asks about the desired salary, it is worth voicing a figure that exceeds your own expectations. The main thing is that the employee is not considered crazy.
9. Threaten to change jobs if you really are not ready for it.
Third-party offers from other employers are a serious bargaining chip in promotion negotiations. Some leaders equate such arguments with a gun to the head. Such a boss may not like the fact that the employee was interviewed behind his back, thereby doubting his loyalty, and will decide to dismiss him. On the other hand, if the employee has a good relationship with the boss, offers from competitors will perfectly demonstrate the value of the employee on the labor market.
"You have to be sure you're in a good position at your job before you do this," Hellmann warns, "they might not believe your bluff."
10. Resent rejection
Don't be offended if you don't get what you want. In the end, it will cause more damage to the worker himself. “50% of your career success comes from how well you perform, the other 50% comes from relationships,” says Hellmann. It is always in your best interest to maintain a good relationship, even if you have been treated unfairly. If this happened to you, draw conclusions, but do not burn bridges.
It is worth knowing what you need to do to get promoted. You need to find out specific, achievable goals, and then offer to return to the conversation in six months. By that time, it is necessary to demonstrate the fulfillment or overfulfillment of the tasks set, thus having received a serious argument for promotion and salary.
is part of the inner business correspondence, with the help of which employees officially notify higher management about something or turn to it with requests and suggestions.
On the basis of official letters, important issues related to the work of the company and its employees, including their salary. In order to change the employee's actual salary, justification is needed for the order, according to which the accounting department will make new payments. Documenting salary increase begins with the "service" on the increase in wages.
You can learn more about what a memo is and how this document is drawn up in accordance with GOST.
Salary increase for yourself and your employee, what's the difference?
The issue of increasing the salary of an employee can be initiated by the immediate supervisor, who is authorized to assess the effectiveness of his work. In this case, the job description regarding the salary increase is drawn up by the head of the unit (manager). In a business letter, he appeals to a higher manager with a petition.
A personal request for an increase in salary is also an adequate element of the work culture, since every employee has the right to expect an increase in pay for effective professional performance. You can apply for a pay raise for yourself by:
- by contacting the superior in person and backing up his visit with an appropriate official letter;
- leaving a memo-request with the secretary of the head or office;
- by sending a letter of salary increase via mail to the address of the enterprise.
It should be noted that the employer can increase monthly payments employee, if the company has such opportunities, but he is not obliged to do this, especially if the request or demand was unfounded or unconvincing.
Important! You can get the desired increase if you give “iron” arguments in the memo regarding the applicant’s personal contribution to the work of the company, with which the employer will agree.
Compiling a service
Legislatively, there are no uniform requirements for writing such a document, but it is desirable to adhere to a certain structure for writing it. The document must have:
- The name of the organization or department is indicated.
- It is written to whom the note is intended (name of the responsible person).
- It can be seen who is the compiler of this official paper.
- The name of the document and its intended purpose are indicated (in our case, an increase in salary).
- The text of the official letter reflecting the essence of the issue is given.
- A request, a demand, a proposal is formulated.
- The compiler's signature is available (if necessary, resolutions of officials).
A memo about a salary increase, written in any form, is legally competent if all the necessary components are present.
Primary requirements
How to write a rationale for a request?
An official letter about a pay increase, like other official notes, whether it be about paying money or delaying, consists of three main parts, going sequentially one after another: “caps”, “body” and conclusions. The header says:
- The position of the responsible person in the company to whom the document is addressed (in the dative case), last name, first name, patronymic of the addressee. For example: "Director confectionery factory"Wrappers" Sakharov V.I."
- Position of the responsible person or employee who draws up the document, last name, first name, patronymic of the compiler (in the genitive case). For example: "Head of the Sales Department Tsukerman Ya.M."
The "body" of the document is its main part (the name and text of the official paper).
The title includes the title "Memorandum" and the subtitle "on salary increase" or "on increase official salary". Further in the text, the surname, name, patronymic, the position held by the applicant for an addition to the salary are entered.
The body of the document must include:
Note! At the conclusion of the document, the position and full name of the compiler are prescribed with a transcript, and his personal signature is put.
The document must have the date and serial number under which it is registered. This data can be entered after the name, for example, "Memorandum" dated March 12, 2018 No. 57, or put down to the left of the "cap" in the free field. If the letter was drawn up "on oneself", before submitting it for consideration to higher management, it is advisable to enlist the support of the immediate supervisor by asking him to endorse the document.
Writing example
General Director of Panda LLC
Veselov Dmitry Petrovich
Head of department for the production of stuffed toys
Sherstyuk Alexey Fedorovich 03/01/2018 No. 54.
memo
on salary increase
an employee of the machine embroidery shop Tsvetkova Lyudmila Nikolaevna.
Tsvetkova L.N. was hired on December 1, 2017 as an embroiderer in the machine embroidery shop with probationary period 3 months.
The worker has successfully passed the test, and shows excellent productivity. Tsvetkova L.N. conscientiously fulfills orders in accordance with the requirements of designers. In addition, this employee is creative, independently developing and suggesting new creative ideas for product design. Thanks to her initiatives and work, in February 2018, our company received two additional order for large batches of toys "Parrot Iago" and "Pumba Pig".here.
Outcome
Every worker works to earn a living cash. Therefore, if there are good reasons Appeal to the management with a request to increase the salary is legitimate.
naming merit for recent times, showing that the responsibilities have increased (complicated, changed), proving that the work has become more expensive, and its results have improved, and also reflecting this in a service letter, you can count on improvement financial situation receiving a higher salary.
Irina Davydova
Reading time: 8 minutes
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The mercantile issue of wage increases is always considered inconvenient and "delicious" in our society. However, a person who knows his worth well will be able to find ways to resolve this issue, and will have a direct conversation with his superiors. Today we will look at the advice of experienced people on how to worthily ask for a salary increase.
When to ask for a pay rise? Choosing the right moment
As you know, the management of any company is not too hasty with raising the wages of its employees until it is interested in their more vigorous activity, while increasing their efficiency. Wage increases are often leverage on employees, a means of stimulating their involvement in business rewards for good work with the prospect of a "better" job. Thus, a person who decides to ask the management of the company for a salary increase must “collect into an iron fist” all his emotions, and very thoroughly think over the argument .
How do you prepare for a pay raise? Decide on the arguments
- Before you start talking about a pay rise, you should accurately identify all your positive qualities, as well as your significant role in the work the whole team. Remember and first list for yourself all your merits, production achievements and victories. If you had any special rewards - diplomas, thanks, it is worth remembering them and then mentioning them in a conversation.
- In order to ask for a pay rise, you must know the amount you are claiming , it must be considered in advance. It often happens that the salary of an employee is raised by an amount not exceeding 10% of his previous salary. But there is a little trick here - to ask for an amount a little more than the salary, so that the boss, haggling a little and lowering your bar, still stops at those 10% that you were counting on at the beginning.
- In advance you must drop a pleading tone , any "pressure on pity" in the expectation that the boss's heart will tremble. Tune in for a serious conversation, because this, in fact, is a business negotiation necessary in normal work. Like any business negotiations, this process requires an accurate formulation of a business plan - it must be drawn up when you are going to go to the authorities.
- Before an important conversation, you need to determine for themselves the range of questions that can be asked to you, and also think over the exact and most reasoned answers on them. Insecure people can rehearse this conversation with any other understanding person, or even go to a psychologist for a consultation .
The beginning of the year is the time when many organizations index and increase the salaries of their employees. It would seem that everything is simple here. Indexation is an increase in wages in connection with an increase in consumer prices for goods and services.
An increase in wages is an increase in its size by the decision of the employer and in the presence of financial possibilities. However, many people confuse these concepts. What do indexation and wage increases have in common, and what are the differences? How often should wages be indexed, and how often should they be increased? What responsibility will the employer bear if he does not index?
What do indexation and wage increases have in common and what are the differences?
Both indexation and wage increases are aimed at increasing its size. Indexation aims to increase the purchasing power of wages. By its nature, indexation is a state guarantee for the remuneration of employees (Article 130 of the Labor Code of the Russian Federation, determination of the Constitutional Court of the Russian Federation No. 913-O-O).
Raising wages sets itself the same goal. At the same time, indexation is not formally an increase in wages, since the real content of wages remains unchanged. Indexation is just a way to protect workers' income from inflation.
In the case of an increase in wages, it increases in comparison with the one that was previously established. In addition, there are other differences between these concepts (table below).
Differences between indexation and salary increases
| Evaluation criterion | Wage indexation | Wage increase |
|---|---|---|
| Degree of obligation | Mandatory for any employer: both for budgetary and for commercial organizations | Not required, carried out at the request of the employer |
| The circle of persons who are provided with an increase in wages | It is carried out in relation to all employees of the organization (determination of the Constitutional Court of the Russian Federation No. 913-О-О) | It is carried out in relation to the employee (s), whom the employer chooses independently |
| Factors affecting the increase in wages | Rising consumer prices for goods and services | The decision of the employer and the availability of financial opportunities |
| Coefficients used when increasing wages | Consumer price index, which is published on the website of Rosstat, the rate of inflation, set officially | Any indicators set by the employer independently |
How often should wages be indexed, and how often should they be increased?
Attention!
If there is no procedure for indexing wages in local acts, the employer may be held liable, even if he annually increases official salaries (decision of the Zavodskoy District Court of Novokuznetsk Kemerovo region October 13, 2011 in case No. 12-153/11)
The frequency and frequency of wage indexation in Labor Code not installed. At the same time, if an increase in consumer prices is officially recorded, it is necessary to index wages.
The procedure for this procedure for state employees is established labor law, and for commercial organizations - a collective agreement, agreements, local regulations (Article 134 of the Labor Code of the Russian Federation).
If such provisions are not in the documents of the organization, then they must be amended accordingly (letter of Rostrud dated April 19, 2010 No. 1073-6-1).
In practice, it often happens that local act the company specified the indexation procedure, but did not select a financial and economic indicator for its implementation. In such a situation, when an employee files a complaint, the court may apply the consumer price growth index calculated by the authorities state statistics(cassation ruling of the Supreme Court of the Republic of Bashkortostan dated February 8, 2012 in case No. 33-1256/2012).
In some cases, the indexation procedure and the indicator that is mandatory for use may be provided for by industry agreements. Thus, some employers are required to provide quarterly indexation of wages in accordance with the growth of consumer prices for goods and services (according to Rosstat) 1
Typically, salary indexation occurs in the following cases:
- increase in the minimum wage (when the salary of employees is below the minimum wage);
- an increase in the rate of inflation;
- rising consumer prices in your region;
- the growth of the subsistence level of the able-bodied population in Russia or in the region;
- inflation fixed in the law on the federal budget or in the law on the budget of the region.
In turn, the increase in wages is a right, not an obligation of the employer, and therefore can be carried out at any time, regardless of any factors. Most often, employees receive a salary increase in the following cases:
- increasing the productivity of employees of the organization;
- increase the company's revenue;
- if it is provided for in a collective agreement or other local act.
How to index wages if the organization does not have a collective agreement?
With absence collective agreement the employer can establish the procedure and frequency of wage indexation in any other local act, for example, in the regulation on wages (sample below). Usually indexation is carried out on the basis of the order of the head of the organization (sample below).
It should be noted that the employer, when issuing an order to increase the employee's wages in connection with indexation, cannot apply the transfer order form (No. T-52) 2 if the employee's labor function and the structural unit in which he works do not change.
Is it necessary to conclude an additional agreement with the employee when indexing his salary?
wages (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments) are mandatory for inclusion in an employment contract (paragraph 5, part two, article 57 of the Labor Code of the Russian Federation). Therefore, each time when indexing the official salary of an employee, it is necessary to conclude an additional agreement to the employment contract and indicate the new size of the official salary (rate).
In the agreement, it is necessary to refer to the norm of the local act on indexation as the basis for changing the amount of wages (Article 134 of the Labor Code of the Russian Federation).
Inflation is a reason for indexing
Worker in statement of claim may directly refer to inflation as the basis for wage indexation. The existence of inflation is considered a well-known fact and cannot be proven in court. This is explained in many decisions (ruling of the St. Petersburg City Court of March 21, 2011 No. 3866, ruling of the Moscow City Court of November 16, 2010 in case No. 33-32596, decision of the Presidium of the St. Petersburg City Court of February 13 2008 No. 44g-36).
The indexation condition may be contained in the employment contract concluded upon employment (sample below). If this condition was not originally included in the document, then the employer can do the following:
- conclude an additional agreement to the employment contract, providing for a condition on wage indexation. This option is suitable for organizations that do not plan to frequently change the order of indexing;
- draw up an additional agreement for each indexation of wages, indicating in it a specific indexation coefficient and a link to a clause of a local regulatory act. This method is optimal for companies that often change the order of indexing in the local normative act
What responsibility does the employer face if he forgets to index?
Many employers intentionally do not index wages. Administrative liability is provided for such violation.
If there is a condition on wage indexation in a collective agreement or industry agreement, but the employer does not comply with it, then he will be held administratively liable in the form of a fine of 3,000 to 5,000 rubles (Article 5.31 of the Code of Administrative Offenses of the Russian Federation).
If indexation is not provided for in the local act and, accordingly, is not carried out, then a fine in the amount of 1,000 to 5,000 rubles may be imposed on the head of the organization, and a fine in the amount of 30,000 to 50,000 rubles on the organization (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation) .
In addition, an employer who does not carry out indexation may incur material costs if the employee goes to court with a corresponding claim (Articles 236, 391 of the Labor Code of the Russian Federation). The court may oblige the organization to pay the employee the amounts due to indexation for several years (decision of the Severo-Kurilsky District Court of the Sakhalin Region dated February 19, 2013 in case No. 2-16 / 2013).
Remember the main thing
The experts who took part in the preparation of the material note:
Ekaterina Shestakova- K. Yu. n., CEO OOO " Actual management" (Moscow):
- Wage indexation, as opposed to wage increases, is the responsibility of the employer. Even if the organization regularly raises the salaries of employees without indexing them, this leads to a violation of labor laws.
Lali Chitanova– Attorney-at-law, partner at the Vasiliev & Partners Law Office (Moscow):
- If the organization does not have a collective agreement, then the conditions, procedure and frequency of indexation can be reflected in any local act. This may be a provision on wages, wage indexation, etc.
Alena Shevchenko- lawyer, expert of the magazine "Kadrovoe delo":
- When indexing, the employer must draw up an additional agreement with the employee to the employment contract. This must be done every time the company changes the wage.
1 Clause 27 of the industry agreement on organizations of the press, television and radio broadcasting and mass media between the Federal Press Agency and mass communications and Russian trade union workers of culture for 2012–2014, approved by the Russian Trade Union of Cultural Workers, Rospechat on December 7, 2011
2 When records are kept according to the forms approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1