How to formalize a change in an employee’s salary in the staffing table 2021

Reasons for change

The reasons why amendments to the staffing table are required may vary. As already indicated, adjustments are made to the act by changing the current schedule or creating a new one. There is no third option.

A complete replacement of the “staff” is carried out if there are serious reasons for this. This could be personnel changes, reductions or expansion of staff, transfer of workers to another department, etc.

Minor adjustments are made to the schedule by issuing an order, which is signed by the head of the organization. An order is issued until the amendments are made. The reasons for issuing such an order may be:

changing the names of departments and divisions;
reduction in staffing levels;
renaming of positions;
making recalculations regarding wages;
introduction or removal of a position.

The listed grounds can be used to adjust the current act. The main step in making a change is issuing an appropriate order. Such a document should contain an explanation of the upcoming changes.

If the order is drawn up with violations, then the amendments made to the staff act are recognized as not corresponding to reality if a dispute arises between the employer and the employee or during an audit. In some situations, in addition to issuing an order and making changes to the document, additional measures may be required.

Design example

When changes in the “staff” affect not just a few employees, but the entire enterprise as a whole, a new schedule is issued. This is done to avoid confusion. An example of the issuance of a new act is an increase in the level of the minimum wage in the region where the company is located, provided that the salary of workers depends on this indication.

Situations arise that require forced measures to be taken to provide employees with a shortened working week or day. This happens during crises, a decline in demand for a product and other nuances. The employer's goal in this case is:

do not close production completely;
do not leave people without jobs.

Example of an order for amendments
Such a decision is agreed upon with the employees of the enterprise, after which they are given notices of the changes. An additional agreement attached to the employment contract is also signed. It is compiled in two copies.

In practice, it is difficult to make adjustments to the entire staff in the schedule, so a new one is created. Before modifications are made to the act, appropriate grounds must appear. Otherwise, the manager does not have the right to change the personnel structure at his own discretion.

Proposals for making adjustments are set out by the heads of divisions and departments and are set out in a memo. A note is drawn up in a free format.

Petition

The reasons for changing the schedule are indicated in the memo (also called a petition). When the document in question is drawn up, it is required to register it in a special journal.

It is not legally established who has the right to draw up notes. Most often, the act is drawn up by personnel department employees. To compile, you need to know what changes are coming to the document. Also, the management of the departments has the right to draw up memos.

Example of a memo

There are no specific requirements regarding the preparation of the document. The compiler must adhere to the general rules for filling out this type of document:

initially the “header” is written, which contains information regarding the originator and addressee;
the name of the act is written;
the document number is indicated;
describes the content indicating the reasons for the adjustment;
proposals for resolving this issue are included;
signature of the author and its transcript.

After writing, the document must be registered in a special accounting journal. This journal is intended to record notes. According to this journal, the note is assigned a number. Next, the act is transferred to the company’s management, who makes the final decision regarding the need to make corrections.

Changes in rates, both upward and downward, according to the Labor Code of the Russian Federation, must be documented and legally correct and in accordance with the law. The staffing table is an important document for personnel officers and accounting departments. It is used to calculate salaries. Therefore, a common question is: “How to change the salary in the staffing table?” A change in salary must be reflected in the schedule, but this is preceded by a number of procedures.

Labor Code of the Russian Federation). However, recently, as part of the fight against shadow wages, tax authorities have invited taxpayers who pay wages below the average level for their industry or type of economic activity to meetings of special commissions. By order of the Federal Tax Service of the Russian Federation for the city of Moscow dated April 18, 2006 N 240, tax authorities are ordered to deal with taxpayers whose officials did not appear at meetings of the Commission’s working groups in inspections without explanation, as well as those who refused to implement the recommendations of the Commission (working groups of the Commission) on changing tax indicators and (or) financial reporting, arguing that the actions of the tax authorities are unfounded, carry out activities: priority on-site tax control, sending materials to law enforcement agencies.

Change Order

In practice, two methods have been developed by which adjustments are made:

an order is issued to modify the document, which lists the adjustments made to the act;
a new document is approved.

In the case when minor adjustments are made to the act, the first method is considered the most appropriate. Accordingly, the second one is used for fundamental amendments to the schedule.

The order is drawn up in any form. The document indicates, according to what grounds the decision to change was made, and the date when the adjustments begin to take effect.

The grounds that are used to revise the act may be different:

increase or decrease in production volumes;
structure optimization;
reorganization;
others.

Sample order for amendments due to layoffs
In a situation where an employee is dismissed from a company, this cannot be considered as a basis for removing the position he occupied from the schedule. The exception is cases of staff reduction.

When volumes in a company have decreased and management decided to remove a position from the staff, and after some time it was reintroduced, the employer should not forget about indexing earnings.

When issuing an order regarding any basis for correction, the originator must be extremely careful. This provision especially applies to filling out fields containing details. The order must contain:

name of the act;
Date of preparation;
the date on which the document comes into force;
description of all changes;
information concerning the person appointed responsible for the execution of the act;
management signature.

Sample order for correction
When errors are made in the order, it is considered invalid. In this case, the new “staff” will also be recognized as inconsistent with reality.

Change, optimization and renaming

Initially, when an enterprise begins to operate, as a rule, it has a narrow range of activities. This is due to the lack of established connections and regular clientele.

After the company has existed for several years, it becomes capable of providing a larger range of services than previously stated. For this reason, there is a shortage of personnel required to carry out the new amount of work.

Notification of amendments due to change of position

In this case, it is necessary to rewrite the position in the staffing table. Due to this foundation, new positions are added to it. The list of available departments can also be supplemented.

Optimization

The document is subject to adjustment in the event of optimization of the activities of managers or redistribution of obligations. For example, an organization may initially introduce one deputy manager position, but later the need for a second deputy arises.

As a rule, the required volume for the introduction of a new rate is not enough, then one of the department heads is renamed to deputy, while increasing his volume of work and increasing his pay.

Also, additional staff units can be entered into the “staff”, while indicating a rate of 1/2.

Renaming

In case of renaming a position, the legislator provides for a certain procedure that must be followed by the employer. The project is coordinated with the enterprise's trade union.

The reasons for which adjustments are made are attached to the project. The trade union reviews the project for a five-day period, after which it issues its reasoned opinion.

Amendments must be agreed upon in the following cases:

changes in the names of a large number of positions;
formation of a new division;
reduction of staff by more than five percent of the total number of workers.

The procedure is performed in the following order:

An explanatory note is drawn up containing the rationale for the changes.
Administrative documentation regarding making adjustments is issued. After reviewing the note, a manager’s resolution is imposed on it, with instructions to change the job title and prepare changes in the employee documentation.
Changes are being made. Changes are carried out in accordance with the issued order.

Employees whose job titles are changing must be properly notified of the upcoming changes in the prescribed manner.

The manager offers the person a choice regarding agreement or disagreement with the changes, as well as choosing a vacant position to continue working. Notifications are given no later than 2 months before the relevant changes.

Notification of position renaming

Changes are made by issuing a new or adjusting an existing act. After the changes have been made, a number of documents must be completed:

additional agreement;
employee personal card;
job description.

It is also necessary to make adjustments to the work book.

Is it possible to reduce the salary in the staffing table?

Question: Is it possible to reduce an employee’s salary in accordance with Art. 74 of the Labor Code of the Russian Federation by changing the amount of salaries in the staffing table? Answer: Article 57 of the Labor Code of the Russian Federation establishes that the essential terms of an employment contract are, in particular, the terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentives payments). Thus, the employment contract must necessarily contain a record of the terms of remuneration of the employee, namely, the size of the tariff rate or official salary of the employee, as well as additional payments, allowances and incentive payments must be indicated. The terms of remuneration of the employee are essential conditions employment contract (Article 57 of the Labor Code of the Russian Federation). Let us immediately note that the terms of remuneration (amount of wages, salary) must be directly indicated in the employment contract.

Salary change

Initially, the schedule establishes the salary amount due to each position. As the company grows, there may be a need to make adjustments to this point, as the volume of labor increases and the financial capabilities of the enterprise increase.

Also, the grounds for changing the schedule may be provided for in legislation adopted at the federal level. Such acts establish an increase in the minimum wage.

According to labor law, the employer does not have the opportunity to set wages less than the minimum wage. For this reason, when making corrections to the value under consideration, it is necessary to adjust the schedule.

List of replacement and elimination of positions

An explanatory note must be prepared for the schedule, which describes the calculations made regarding the adjustments, as well as a statement of job changes. The head of the organization initially gets acquainted with the project, after which he makes his own adjustments and approves it.

According to the rules in force regarding the schedule, it is possible to replace one position with another. In this case, it is necessary to generate the statement in question. If necessary, some positions are removed from one department and new ones are created using them.

After the schedule is approved and approved, the statement must be drawn up as an integral part of the act or its appendix. Typically, positions that are vacant will be used for replacement.

The statement is drawn up in the form of a table. It consists of two parts. Example:

Sample job change sheet

The employer has the authority to exclude positions or structural units from the schedule only when staffing in the organization is reduced. In this case, it is necessary to issue an appropriate order. The compiler will need the following documents:

employee documentation;
schedule;
forms developed for orders;
company documents;
legislative acts;
seal.

Order to make corrections in connection with the exclusion of a position
A position can be excluded if there are circumstances that are classified as special. An example is a crisis, changes in working conditions, etc. An employee whose position is being eliminated must receive notice two months before the changes take effect.

Next, an order is drawn up, in the header of which the name of the company is indicated. The name is written in accordance with the statutory documentation. The date and number of the issued order and the date when the changes come into force are indicated.

The order reflects the reason for its preparation and specifies the positions that will be excluded. An employee of the HR department is appointed responsible for execution. Next, the act is certified.

The position that is being eliminated is then eliminated from the current schedule. An order is also issued containing information regarding staff reductions. The order indicates the name of the position that is subject to exclusion from the schedule, and also specifies the details of the employee occupying this position.

The order is certified by the signature of the company management. The specialist whose position is being reduced gets acquainted with the document.

The legislator does not stipulate how often the “staffing” can change. This indicates the ability of the company's management to make changes at their discretion. If adjustments are made, the procedure established in the laws must be followed.

Change Notice

According to labor legislation, the head of the company has the obligation to familiarize employees with all acts adopted within the organization.

When changes are made to the schedule, it is not necessary to notify employees. The exception is the situation when adjustments affect the employee’s activities.

For example, when several new positions are introduced, familiarization is not required; if a reduction is made, then those whose positions are being reduced become familiar with the act. Also, when changes concern salaries or allowances, the person is notified of the upcoming changes.

Is it possible to change the unified form?

According to the Resolution adopted by the State Statistics Committee, number 20, companies have the authority to make changes to the unified forms developed regarding the staffing table, if such a need arises. It is noted that the details that are on the form cannot be deleted.

Adjustments made in a unified form are enshrined in the administrative acts of the organization.

The forms on which the schedule is drawn up are of a recommendatory nature, which means that the company can change them. It is permissible to expand or narrow columns and add loose leaves.

Despite the fact that the staffing table does not belong to the category of mandatory documentation, most organizations apply the act in question. To make changes to the schedule, you must follow the prescribed procedure.

Employee familiarization

Employees must be familiarized with the changes made in accordance with labor legislation. If the rules are violated, the employee has the right to contact the competent authorities with a corresponding complaint. There is no procedure for familiarizing employees with changes in the staffing table, however, if the changes directly affect the employee, the employer must notify the employee about them at least two months before the changes are introduced, and also receive his comment on such processes.

Familiarization with the new provisions must take place against signature, as well as taking into account the employee’s full understanding of what awaits him if such an act is adopted. In accordance with Art. 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee of changes in working conditions, which include the amount of wages. The staffing table must be drawn up in accordance with the norms of local regulations of the enterprise, as well as in accordance with the provisions of federal legislation.

Order on changing the staffing table-1 in .doc format you can

You can order an order to increase salaries for certain categories of employees in .doc format

You can order an order to reduce salaries for certain categories of employees in .doc format

Question from Klerk.Ru reader Lyubov (Omsk)

Is it legal for an employer to provide employees with new employment contracts with an increased number of job responsibilities and a simultaneous reduction in payments for work done? However, there were no actions to reorganize the enterprise. Refusal to sign new documents entails (according to the employer) the possibility of dismissing the obstinate employee under Article 77 (termination of the contract due to the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties. The enterprise is a district hospital with a catastrophic shortage of medical care. personnel of any level.The employee is a doctor, the only specialist in a narrow field.

The conditions for remuneration of an employee are essential terms of the employment contract (Article 57 of the Labor Code of the Russian Federation). Changing the terms of the contract determined by the parties is possible only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation).

At the same time, the Labor Code of the Russian Federation provides for a number of cases when the terms of the agreement determined by the parties can be changed unilaterally. Thus, according to the general rule established by Art. 72 of the Labor Code of the Russian Federation, an employer cannot unilaterally reduce an employee’s salary by making appropriate changes to the staffing table.

Since the employment contract is drawn up in writing (Article 67 of the Labor Code of the Russian Federation), changes to the terms of the contract must also be made in writing.

If the employee does not agree with the change (reduction) in wages, such changes made by the employer unilaterally will be illegal and will be canceled if the employee appeals to the labor dispute commission or court.

The employer can change the terms of the contract, including the terms of remuneration of the employee, on his own initiative only if, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), certain the terms of the employment contract cannot be preserved by the parties (Article 74 of the Labor Code of the Russian Federation). I note that such changes should be a consequence of changes in organizational or technological working conditions.

Moreover, in the event of a dispute, the obligation to prove changes in organizational or technological working conditions that led to changes in the terms of the contract lies with the employer (clause 21 of the 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 the absence of such evidence, the change in working conditions will be considered illegal.

The Supreme Court of the Russian Federation cited changes in equipment and production technology, improvement of jobs based on their certification, and structural reorganization of production as examples of changes in organizational or technological working conditions. I would also like to draw your attention to the fact that changing the terms of the employment contract stipulated by the parties for reasons related to changes in organizational or technological working conditions is not allowed if this change worsens the position of the employee in comparison with the terms of the collective agreement or agreement (Part 8 of Article 74 of the Labor Code RF).

That is, if the conditions for remuneration of workers are reflected in the collective agreement, then the employer does not have the right to change these conditions even if there are changes in organizational or technological working conditions, since a reduction in the salary clearly worsens the situation of workers.

You should also pay attention to the fact that employees must be notified in writing about upcoming changes to the terms of the employment contract two months before these changes are put into effect (Part 2 of Article 74 of the Labor Code of the Russian Federation).

Therefore, if the employee was not warned about changing the terms of the employment contract in the appropriate form, the terms of the employment contract cannot be changed.

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