Salary Regulations
This document establishes the rules by which employees' wages are calculated, including the amount and timing of advance payments, bonuses and allowances, and also establishes the employer's responsibility for delays or non-payment of wages and, as a result, it helps to increase employee motivation.
It is approved by a special order and confirmed by the signature of each employee indicating familiarization with the date. A ready-made order for remuneration of workers, sample 2021, can be downloaded for free at the end of the article. A document establishing the rules for calculating and calculating wages is not mandatory for small organizations: the rules for transferring wages, bonuses and other payments can be specified in the internal labor regulations. Micro-enterprises that use a standard contract in their activities are also exempt from this obligation.
How to draw up an order approving the wage regulations
In accordance with Article 12 of the Labor Code, any intra-company regulatory act comes into force from the date of its adoption by the employer. Acceptance must be documented. For these purposes, the order approving the regulations on remuneration in the new edition serves. In this article we will tell you how to correctly draw up this order. After all, only a properly executed document has full legal force and does not raise doubts or complaints from supervisory and regulatory government agencies.
Regulations on remuneration as a local normative act
The regulation is a set of rules according to which remuneration for labor is carried out to employees of a particular company. That is, this normative legal act resolves the following issues:
- payroll rules;
- advance amount;
- terms of issuance, transfer of advance payment and main payment;
- place of implementation, issuance of wages;
- the employer's liability for delays and non-payment, that is, for failure to fulfill obligations for timely payment of labor.
The Labor Code of the Russian Federation states that for his work a citizen must receive a set salary at least twice a month. Specific dates are established by the internal documents of the organization, as specified in the Labor Code of the Russian Federation. In accordance with Art. 142 of the Labor Code of the Russian Federation, in the event of a delay in payment for more than 15 days, the employee has the right to independently, at his own decision, suspend work until the employer fulfills financial obligations (prior written notification is required). Although the right to suspend activities is used extremely rarely by employees, this decision can create big problems for the employer. Practice shows that citizens more often use pickets and rallies to protect their rights, rather than the methods established by law. For example, in 2021, miners from Gukovo, after declaring a hunger strike, decided to stage a march on Moscow, but this did not lead to the satisfaction of their demands, but only aroused the interest of law enforcement agencies. Citizens often block federal highways in order to draw attention to their problems.
Thus, the Regulation on Remuneration is a fundamental internal regulatory act, although it is not included in the list of mandatory ones by the legislator.
How to approve a salary clause
As already mentioned, this normative act is not mandatory. But it is worth adopting to clarify the wage system and prevent conflicts on this basis. For the document to take effect, you need to:
- familiarize employees with its contents;
- obtain signatures from them;
- issue an order to introduce wage regulations;
- sign such an order.
It is the date of the order that is considered the day the order comes into force. It itself may date to a different date - and that’s okay. After all, the likelihood that all employees will read the text and sign in a few hours is extremely low, especially for large enterprises.
If it is necessary to postpone entry into force, such a clause can be reflected in the text of the order.
Example of an order
There are no strict requirements for the content of the order. You can issue it either on letterhead or on a regular sheet of paper. The document consists of the following components:
- Order cap. Here you need to indicate the full name of the organization.
- Title. Consists of the title of the document, its serial number, as well as the number and date of the provision that is being approved.
- City (left) and date (right).
- Main text. You can start by justifying the need to introduce such a regulatory act.
- The need to familiarize the state with the contents of the local act on wage rules.
- Responsible person. FULL NAME. and the position of the employee to whom the manager entrusts the authority to control the execution of the order.
- Signatures. Two people sign the order on the wage regulations - the manager who issued it, and the person in charge.
Sample order for approval of wage regulations
There is no need to put the organization’s seal on the order, since the paper will not leave the company.
The wage order must be registered in the internal documentation journal and stored for the duration of its validity. After this, you can archive it. The order to put the payment provision into effect (as well as the main document) is kept in the archives for 75 years. Orders to amend local regulations are kept for the same amount of time.
How is employee orientation carried out?
This usually happens before the conclusion of an employment contract. If the regulation is adopted for the first time, when the activity has already been carried out and the staff has been formed, it is necessary to familiarize existing employees with it.
For reporting purposes, a familiarization sheet is prepared. The legislation does not provide for a strict form. It usually exists in tabular form and includes the following information:
- serial number;
- FULL NAME. employee;
- his position;
- structural unit or department;
- signature stating that you have read the regulations;
- date of.
Who signs
The order approving the salary regulations in 2021 must be signed by the general director or other official. In the latter case, such powers must be contained in the employee’s job description, the document of appointment to the position and in the power of attorney issued in his name. Regarding the latter, also make sure that it has not yet expired, otherwise the employee’s signature will be invalid. The powers of the General Director are confirmed by the Charter of the organization.
Order on approval of the wage regulations
What is this document for?
A sample order approving the regulations on remuneration of workers is given below. This document is issued by the director of the enterprise if he has already developed salary rules, and now they need to be put into effect. Issuing an order is an important stage in introducing a payment system in an organization.
The regulation on wages is considered one of the most important local acts of the enterprise. It contains all the information about the types, forms, methods of calculating wages, etc. Its development is important not only for the head of the company, but also for employees, since it makes it possible to eliminate disputes between the employer and workers on issues related to the calculation of wages fees.
With the help of this local regulatory act, from the moment of employment, employees have a complete understanding of what work they can count on for the salary portion, and what needs to be done in order for a bonus to be added to the payment.
Therefore, after the entry into force of this document, the organization can safely take into account the salary expenses provided for by the regulations when calculating income tax. And the order on approval of the payment regulations, which we are talking about today, will approve the start date of the payment system at the enterprise.
Regulations on remuneration are not mandatory for all organizations. Small enterprises may not register it. But in this case, all rules and regulations for the calculation and transfer of wages, as well as other payments to employees, must be established by the employment contract.
What information is indicated in the order?
There is no legally approved form for this order. In this regard, the director of the organization has the right to determine it independently. However, there are certain requirements for the design of this document. It should indicate:
- name of company;
- Title of the document;
- date and order number;
- wording with the name of the local act being put into effect;
- date of entry into force of the document;
- information on the timing of familiarization of employees with the local act;
- FULL NAME. and the position of the employees who are responsible for compliance with the document;
- other conditions;
- signature of the head of the company.
After the publication of the document, salary rules regarding settlements with company personnel come into force.
Order on wage regulations, sample 2020
Order on remuneration of workers, sample 2021, free download
Order to change the wage regulations
The conditions for paying wages are specified not only in the regulations, but also in the contract signed with each employee of the company. If for some reason the director decides to change the accepted payment system, this action will constitute a change in the essential terms of the contract. It is necessary not only to familiarize employees with changes in the regulations, but also to obtain their consent to these changes.
The director should issue a corresponding order - an order to make changes to the payment system in the organization. This is the main local act of the enterprise for the approval and entry into force of these changes. Employees should be notified of this 2 months in advance. If they do not mind working under new conditions, an additional agreement to the contract is drawn up. If the employee is not satisfied with the new system, the contract can be terminated in accordance with Art. 74 Labor Code of the Russian Federation. An order for change must be drawn up in compliance with the same requirements as the approval document (order to put into effect the provisions on remuneration, sample). The main point that must be taken into account is that employees should be familiarized with the changes drawn up in the application by signature.
Key points when compiling
The state has not established a standard form for the order, so organizations are free to submit it. You can use any convenient method. The only requirement is that it must clearly follow from the text what, when and by whom it is put into effect. Check that the text includes:
- information about the company;
- Date of preparation;
- effective date;
- signature of the person authorized to sign.
Thus, a sample order for approval of the regulations on remuneration of employees can be drawn up on a standard form for both internal and external documentation. You don’t have to use the form at all, but be sure to provide brief information about the organization (at a minimum, full name and Taxpayer Identification Number).
As for the content, it must indicate:
- what is being asserted;
- justification for innovation;
- effective date;
- information about the need to familiarize all employees with innovations or changes under signature;
- who is responsible for execution.
Order on approval of the wage regulations
Drawing up an Order for approval of the Regulations on wages is necessary only in those enterprises and organizations where the main document has already been developed regulating the rules for issuing wages to employees.
What is the Remuneration Regulations
Regulations on remuneration are a document regulating the system of issuing wages to company employees.
Usually it specifies the types, calculation methods, forms, terms of payment of wages and other related parameters. This document must be developed in accordance with the Labor Code of the Russian Federation and taking into account the interests of all personnel, regardless of position, specialty and qualifications of employees.
If the enterprise has a trade union organization , its representatives must either take part in the development of the Regulations or read it before it is put into effect.
The document is important for both management and subordinates, since it allows minimizing the threat of labor disputes (both individual and collective) and conflict situations in the company, and in which case it can become evidence when going to court (both with one and the other). on the other side).
It should be noted that the Regulations are not a strictly binding document and are adopted only if the management of the company wishes.
If the Regulations have been developed, all employees of the enterprise must be familiar with them against signature . New employees need to be familiarized with the document when hired, while those who have been working in the company for a long time - after the Regulations are approved by the Order of the head.
The role of the Order on approval of the Regulations on remuneration
The order refers to the administrative documentation of the company, as a rule, regulates the internal legal relations of the employer and subordinates and is a document that records the will of management.
Without it, employees of an enterprise can easily challenge any issued act, regulation, etc., as well as the actions of the director and administration with the help of a labor inspectorate or court.
Who writes the document
Any employee of the company who has sufficient knowledge and skill in creating such orders can directly write an order emanating from the company’s management.
The main condition that must be met: after final formation, submit the document to the director for approval - without his signature it will not be considered valid.
What to include in the base
Every order must have some basis or justification, and this one is no exception. In this case, as a motive for creating a document, one can propose regulation of the wage system at the enterprise, references to the Labor Code of the Russian Federation and other legislative acts.
Key points when drawing up an order
Today there is no sample order that is unified and mandatory for use, so representatives of organizations and enterprises can create it in any form or use a template approved within the company.
It is only important to adhere to some office work standards in terms of writing administrative documentation and not to neglect the rules of the Russian language.
The order must indicate:
- number, date, place of creation;
- the name of the enterprise in which it is published;
- in the main part you need to write the basis for creating the order;
- indicate a reference to the number and date of the Regulation on Remuneration and record its approval;
- here you need to enter the date from which the Regulations come into force;
- include information about the persons responsible for the execution of this order (indicating their positions, last names, first names, patronymics) - this can be either one employee of the enterprise or several at once.
If any additional documents are attached to the order, they must be noted in the main text as a separate paragraph.
In the future, if necessary, any changes can be made to the Regulations, which should also be formalized by a special order. If the adjustments are significant, it is better not to limit yourself to making changes, but to create a new Regulation.
What to pay attention to when placing an order
The law does not impose any special requirements on the content of the order or its execution. In particular, the order can be written on a simple blank sheet of A5, A4 format or on letterhead. The document may be written by hand (only with a ballpoint pen of any dark color, but in no case with a pencil) or printed on a computer.
The only condition that must be met is the presence of a “live” signature of the head of the organization or a person authorized to endorse such documents (the use of facsimile signatures is not allowed). Also, all employees who are responsible for its execution and other employees mentioned in it must be familiarized with the order against signature.
It is not necessary to stamp the form, since from 2021 legal entities can use stamps to certify documentation only if this rule is enshrined in the company’s internal regulations.
Usually the order is printed in a single copy , but if necessary, additional copies can be made (for example, for presentation to the accounting department).
The order should be registered in the internal documents journal.
How, where and for how long to store a document
After drawing up the order must be stored in a certain way. For the period of validity, it must be filed in a folder with current administrative documentation.
After the document expires, it should be transferred to the archives department, where it must be kept for the period established by the legislation of the Russian Federation or local regulations of the company.
Order on approval of the wage regulations
Among the regulatory acts of the organization regulating the relationship between the company's management and employees, there is a Regulation on Remuneration, which considers issues regarding the calculation and payment of wages, as well as its components. For this local act to have legal significance, it must be approved and put into effect. For this purpose, an order approving the wage regulations can be used.
Procedure for applying the order
The position on remuneration of workers occupies a fairly important place among the enterprise's labor tax. Its norms are used in planning, when drawing up contracts with employees, etc. They make it possible to resolve controversial situations arising in the calculation of wages, as well as during inspections by regulatory authorities.
The draft Regulations on remuneration drawn up by the company’s specialists must be put into effect so that it is considered as a local regulatory act.
However, first it is necessary to coordinate it with representatives of the trade union. In the absence of a trade union, approval and implementation is carried out without obtaining an opinion on the document.
Attention! One of the ways to put this normative act into effect is to issue an order for its approval. It is compiled by clerks or human resources workers when the prepared project is ready for approval.
A written order according to the Regulations must be registered in the book of orders for the main activity.
If the new Regulations on remuneration have been approved, then in addition to the signature of the head of the enterprise, it is advisable to affix the visas of all specialists who approved the document.
The details of the approval order must be reflected in the regulatory document itself, with the stamp APPROVED placed in front of them.
The order establishes the period from which the Remuneration Regulations come into force, and may also provide for the period of its validity.
The order to put the regulation into effect is stored together with this normative act itself. In this case, the Regulations are included as an annex to the issued order for its introduction.
If there is a need to make changes to the current Regulations, after the adjustments it is also necessary to issue an order.
order
Download the order for approval of the wage regulations sample in Word format.
How to correctly draw up an order approving the wage regulations
There is no special form established for such an order for an enterprise. The company can create it in free form using company letterhead.
The full name of the company is written at the top of the document. Below on the next line you can indicate her full address and details - TIN and OGRN.
Next, the word “Order” is written down, after which its serial number for the enterprise is entered.
Then you need to move to the next line, where the place where the document was compiled is written on one side of the sheet, and the date on the other.
On the next line in the middle you need to reflect the name of the document - for example, “On approval of the regulations on remuneration.”
Next comes the introductory part. This paragraph must state the reason for the approval of this document.
Then the word “I order” is written down, and the orders are stated point by point.
The following instructions may include:
- Approve the attached provision;
- Put it into effect from a certain date;
- Appointment of a responsible person who will familiarize existing employees with the document against signature;
- Appointment of a responsible person who will introduce newly hired employees;
- Appointment of the person responsible for the execution of the current order.
The order is signed by the head of the company with a description of his position and personal data.
In the case where responsible persons have been appointed by the document, it is necessary to provide special columns below in which they will put their mark on familiarization.
Purposes and reasons for compilation
The basis for drawing up an order of this kind will be the development of an appropriate provision that prescribes the basic rules for calculating employee income and the beginning of their implementation.
The employer has the right to introduce its own rules for calculating wages, taking into account all the requirements and provisions provided for by the labor legislation of the Russian Federation.
Drawing up and approving an internal local act allows you to minimize the emergence of possible disagreements between the employee and the employer. After reading the acts, employees can fully find out their payments for the results of their work.
Sample order for additional payment to the minimum wage
We come to the main part of this material - an example document. If you are puzzled by the issue of forming an order for additional payment up to the minimum wage, read the recommendations below and look at a ready-made sample of this order - on its basis you can easily create your own form.
At the beginning of the document write:
- name of company;
- name of the order, its number (refer to internal document flow) and date of preparation.
After that, move on to the main part. Please indicate here:
- a reference to the law under which you are acting;
- position and full name of the employee in respect of whom this order is being developed;
- frequency and amount of additional payment (in numbers and words);
- an employee who is responsible for the execution of superior orders - usually a specialist in the accounting department.
Finally, collect all the necessary signatures.
What happens if you don’t pay extra to the “minimum wage”
If the management of an organization does not have the desire or ability to make an additional payment to an employee up to the minimum wage when it is obliged to do so, it automatically puts itself at risk. An employee has the right to complain about such an employer to the labor inspectorate, prosecutor's office or court.
As a punishment for violating the current labor legislation, an administrative fine is provided for the enterprise and senior officials.
Thus, increasing wages to the “minimum wage” in situations established by law is absolutely necessary. And for this you need to carry out a number of mandatory procedures.
What points are reflected in the content?
So that the employer can easily navigate how to draw up an order to approve bonus payments, he must answer these questions: to whom to assign the bonus, when to pay it, in what amount and for what merits. To learn how to create a bonus order, watch the video:
Include in this document the conditions for reduction or deprivation of bonuses . You also need to indicate who is authorized to allocate the bonus. Based on the experience of many organizations, the following structure can be followed:
- general provisions;
- type of award and conditions for receiving it;
- amount of payment;
- payment order;
- conditions for deprivation or change of bonus;
- conclusion.
Attention! If there is a provision on bonuses in a particular organization, it is not necessary to indicate clauses on bonuses in the employment contract; it is enough to make a reference to this provision in it.
You can find out what a sample order for a bonus for a professional holiday looks like here, and in this article we talked about the procedure for calculating incentives for an anniversary.