Wage indexation agreement sample. Sample supplementary agreement to change wages. Sample order for indexing

Subscriber "KP"
L.Yu. Ulitskaya,
Voronezh

In a commercial (non-governmental) organization, a decision was made at the end of the year to carry out indexation wages employees by 6.5 percent. Is it necessary to conclude additional agreements with employees on changing the terms of remuneration in the manner prescribed by article 74 Labor Code RF?

Consultant "KP"
L.V. Schur-Trukhanovich

First of all, it should be noted that it is in the employer's decision to index wages that all issues related to such indexation should be resolved.

According to Article 134 of the Labor Code of the Russian Federation, ensuring an increase in the level of real wages content includes the indexation of wages in connection with an increase in consumer prices for goods and services; organizations financed from the relevant budgets make indexation of wages in the manner prescribed labor legislation and other regulatory legal acts containing norms labor law, other employers - in the manner prescribed by the collective agreement, agreements, local regulations. Thus, the solution indicated in the question must either be based on the corresponding
local regulation, or be so local regulation.

As for the interpretation of the provisions of the aforementioned norm of Article 134 of the Labor Code of the Russian Federation as an obligation or right of an employer, such was given by the Constitutional Court of the Russian Federation. In the Decision dated June 17, 2010 No. 913-О-О on the refusal to accept for consideration the complaint of the company with limited liability Coca-Cola HBC Eurasia for violation of constitutional rights and freedoms by Article 134 of the Labor Code Russian Federation The Constitutional Court of the Russian Federation indicated that the indexation of wages is aimed at ensuring an increase in the level of the real content of wages, its purchasing power and, by its legal nature, is a state guarantee for the remuneration of workers (Article 130 of the Labor Code of the Russian Federation). By virtue of the requirements of Articles 2, 130 and 134 of the Labor Code of the Russian Federation, salary indexation should be provided to all persons working on employment contract... Regulations providing employers who do not receive budget financing, the right to independently (including with the participation of employees' representatives) establish the procedure for indexing wages, provide them (unlike employers financed from the relevant budgets) the opportunity to take into account the entire set of circumstances that are significant for both employees and the employer.

Thus, the employer in a local regulatory act must determine the procedure for indexing wages, including the subsequent execution of the relevant documents.

In our opinion, since the change in wages caused by the indexation of wages, taking into account the growth of consumer prices (increase in the consumer price index), is not associated with changes in organizational or technological working conditions at the initiative of the employer and, in principle, does not depend on the discretion of the employer, the latter is not obliged to be guided by the provisions of Article 74 of the Labor Code of the Russian Federation on the advance notification of employees about changes in the terms of labor agreements on wages, obtaining consent to continue working with the indexed wages and taking certain actions in the absence of such consent.

Also, since the employer's decision to index wages is made by him in unilaterally and does not require agreement with employees (unless, of course, otherwise stipulated in the collective agreement), the employer is not obliged to obtain the employee's consent to change the terms of the labor agreement on remuneration. His duty to bring to the employee information about the decision(indexation of wages) can be
executed by sending the employee a corresponding notification issued in two copies, one of which with the employee's receipt of receipt of its copy, remains in personal file employee.

If the staff of the organization is small, the personnel department can arrange the signing of additional agreements to the labor contracts of employees; in case of refusal to sign such additional agreements, providing only an increase in the amount of wages as a result of its indexation without changing other conditions of the employment contract, on a copy supplementary agreement you can make the appropriate notes, certified by the signatures of the personnel department.

In all cases, the accounting department receives orders (orders) to increase the size of salaries (tariff) rates, allowances and surcharges provided for by the staffing table, and (or) orders (orders) to transfer employees to another job, in which only the changed and e the size of wages.

Taking into account, of course, legislative acts:

Article 134 of the Labor Code of the Russian Federation defines the concept of "indexation of wages" and the documents for its implementation.
Article 130 of the Labor Code of the Russian Federation lists the basic guarantees for employees on remuneration.
Articles 236-237 of the Labor Code of the Russian Federation, 5.27, 5.31 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation).

They stipulate the employer's liability for violation of the law. Including for refusal to carry out indexing.

Determination of the Constitutional Court of the Russian Federation dated June 17, 2010 No. 913-О-О.

It sets out the opinion of the courts in disputes about the indexation of wages.

Sample supplementary agreement to change wages

What to do next? When the memo is ready and approved by management, you need to reflect the changes in the staffing table. The company issues an order stipulating an increase (decrease) in the salary of a particular specialist. The approximate text is as follows: “Due to the growth of the salary of A.A. Ivanov.

I order to add to staffing table from 1.06 2016 No. 10 from 1.07.2016 change: salary of a sales manager

Ivanova A.A. set at 40,000 rubles. Supporting document: memo No. 5 dated June 15, 2016 ". When the order is approved by management, the wage increase procedure can be considered complete.

The employee gets acquainted with the order against signature, after which the changes are recorded in the staffing table and the document is transferred to the accounting department.

Supplementary agreement to the employment contract on the change in salary

Resolution of the Goskomstat of Russia dated March 25, 2002 No. 23 "On approval of the" Basic provisions on the procedure for monitoring consumer prices and tariffs for goods and paid services provided to the population and the definition of the consumer price index ””.

the provisions establish the purpose and procedure for monitoring changes in prices and tariffs for goods and paid services in the consumer market. As well as the procedure for determining the consumer price index in the territory of the Russian Federation.

Rostrud letter dated 19.04.2010 No. 1073-6-1 "On the indexation of wages and the possibility of establishing irregular working hours for part-time workers."

When considering Art. 134 of the Labor Code of the Russian Federation Rostrud came to the conclusion that the legislator established an unconditional obligation for the employer to carry out indexation.

Additional agreement to change salary: sample

Attention

This supplementary employment contract ¦ ¦ enters into force on 01.11.2013. ¦ ¦3. This supplementary employment agreement ¦ ¦ is an integral part of the labor agreement, drawn up in two ¦ ¦ copies having the same legal force, one of which ¦ ¦ is kept by the Employer, and the other - by the Employee. ¦ ¦4. Addresses and details of the parties: ¦ ¦ Employer: Employee: ¦ ¦ LLC Stencils of Indyukov Kruglov Mikhail Alekseevich ¦ ¦ INN: 7719283746 Passport: series 4505, ¦ ¦ Checkpoint: 771901001, number 115987, issued by the Department of Internal Affairs ¦ ¦ Legal address: 109012, "Tsaritsyno ...

Moscow¦ ¦ Moscow, st. Nikolskaya, July 13, 2005 ¦ d. 8/1, building 1. Residence: 115516, ¦ ¦ Actual address: 119019, Moscow, st. Bakinskaya, ¦ ¦ Moscow, Kalashny lane, d. 11, apt. 24.¦ ¦ d. 5, office. 414.¦ ¦¦ ¦ With the regulation on the remuneration of workers in the LLC "Indyukov's Stencils" ¦ ¦Kruglov¦ ¦ familiarized with: М.А.

We index the employee's salary. how to make changes to the line?

The percentage of growth in the cost of living able-bodied population... Published on the official website of Rosstat http://www.gks.ru/.

According to paragraph 2 of Art. 4 Federal law from 24.10.1997 No. 134-FZ "On the subsistence minimum in the Russian Federation" the value of the subsistence minimum in Russia as a whole is established by the Government of the Russian Federation (see, for example, the Resolution of the Government of the Russian Federation of 28.03.2012 No. 247 "On establishing the amount of the subsistence minimum per capita and for the main socio-demographic groups of the population as a whole in the Russian Federation for the IV quarter of 2011 "). At the regional level, the size of the subsistence minimum is determined by the constituent entities of the Russian Federation.

Supplement agreement to the employment contract for a salary increase - sample

О-О Determine what is the opinion of the courts on disputes on the indexation of wages Resolution of the Goskomstat of Russia dated March 25, 2002 No. 23 "On the approval of the main provisions on the procedure for monitoring consumer prices and tariffs for goods and paid services provided to the population, and determining the consumer prices "(hereinafter - Resolution of the State Statistics Committee of Russia No. 23) Find out how the consumer price index is calculated and published. Letter of Rostrud dated April 19, 2010 No. 1073-6-1 Understand that all employers are obliged to index wages We index wages for the first time your organization, the salary of employees has not been indexed, include the provision on the obligation of the employer to periodically increase the salary of employees in the local normative act or collective agreement5. To do this, provide in one of the these documents separate chapter.

Additional agreement on changing the employee's salary

The text of the supplementary agreement on wages: download a sample The supplementary agreement itself, if it concerns only an increase or decrease in the level of wages, has a rather simple structure:

name of the document indicating its serial number, date of signing and details of the main contract;
main part: it is indicated that the parties have come to an agreement on setting out the terms of the TD in terms of wages in new edition, as well as the actual version of the relevant provisions of the TD itself is provided;
the term of entry into force of the additional agreement;
details and signatures.

Download universal template, on the basis of which an additional agreement on a change in wages can be drawn up, please follow the link below: Additional agreement on a change in wages - sample.

Additional agreement to change salary sample

Supplement the Regulation on remuneration and bonuses of 23.08.2013 with section 8 and the following text: 8.1. The salary, taking into account indexation, is paid to the Employee starting from the first month of each quarter. 8.2. The employee's salary is indexed in connection with the rise in consumer prices for goods and services.

8.3. At the end of each quarter, the Employer increases the salaries of employees in accordance with the consumer price growth index, determined on the basis of Rosstat data. 8.4. The amount of indexation of the employee's wages is made by increasing the official salaries by the projected inflation rate. 8.4.1. The amount of the increase in salaries is determined by the formula: the amount of salary (rubles) x the coefficient corresponding to the forecasted inflation rate fixed by the law on the federal budget for the next calendar year.
8.5.

Important

Additional agreement No. 1 to the employment contract dated 06.05.2014 No. 16 Moscow "21" September 2016 Limited Liability Company "StroyInvestHolding", hereinafter referred to as the Company, represented by general director Domostroeva P.R., acting on the basis of the Charter, on the one hand, and the manager of the interior design department Khvorostov M.P., hereinafter referred to as the Employee, on the other hand, and collectively the Parties, have entered into this additional agreement as follows: Clause 5.1 of the labor of the Agreement dated 06.05.2014 No. 16 shall be stated in the following edition: “5.1. For the performance of labor duties, the employee is set an official salary in the amount of 60,000 (sixty thousand) rubles per month. "

This supplementary agreement shall enter into force on November 21, 2016 and is an integral part of the employment contract dated May 6, 2014 No. 16.
Writing an agreement is permissible both by hand and typing on a computer (the second option, of course, is much more convenient). The main condition is that the document has "live" signatures of both parties (the use of facsimile autographs, ie, printed in any way, is completely unacceptable). It is only necessary to certify the form with a seal or stamp if this norm is established in the internal regulatory legal acts of the company (since 2016 legal entities may not use stamp products when signing their documents).

The agreement is always printed in two copies, one of which is handed over to the employee, the second remains with the employer.

Additional agreement to the employment contract on the indexation of wages sample

But regardless of who exactly forms this document, it is important that this person knows the basics of Labor and Civil Code RF, as well as the rules for drawing up such documents. The main nuances when drawing up an agreement The agreement form does not have unified form and, like an employment contract, it can be formed in any form or according to a template developed for this type of paper within the company and approved in its accounting policy. However, at the same time, in form and structure, it must comply with some standards of office work, and in text and content - the rules of the Russian language.

Increase in salary If the organization has sufficiently broad financial capabilities, then it can increase the salary, both for individual employees and for all employees. As in the case of the salary reduction, it is necessary to amend the main employment contract. The standard algorithm for amending an employment contract with an increase in the salary of employees looks like this: 1. The employee's boss draws up a memo to the head of the organization. The note substantiates the need to increase the salary of a specific employee. As a basis, the following may be indicated:

high professional qualities;
merits and achievements;
performance of an increased amount of work and so on.

2. The head of the organization issues an order to change the points of the staffing table relating to the salary of a particular employee on the basis of memo.

Sample supplementary agreement to change wages

Supplementary agreement to the employment contract on the change in salary

The general scheme of the employer's actions is as follows:

issuance of an administrative document on changes to the staffing table;
notification of an employee about a change in the conditions of the TD, in this case about an increase in salary, a mandatory bonus part, a tariff rate, etc. labor contract);
preparation and signing with an employee of an additional agreement on an increase in salary (if the employee has the consent);
the issuance of an administrative document on the change in the salary of specific employees (who signed the aforementioned supplementary agreement).

Is an additional agreement necessary when indexing wages? The law obliges employers to periodically index wages (Art.

We index the employee's salary. how to make changes to the line?

General Director V.V. Orekhov Orekhov Acquainted with the order: Chief Accountant Ivanova I.N. Ivanova HR Director V. S. Ilyina Ilyina Head of the Human Resources Department Udaltsova E.N. Udaltsova Step 4. Conclusion of an additional agreement on the indexation of wages. With each new amendments to the indexation of wages in the already current provisions, for example, "Regulations on wages and bonuses", collective agreement, agreement, employer in accordance with Part.

2 tbsp. 57 of the Labor Code of the Russian Federation, each time must conclude with employees an additional agreement to the employment contract. The agreement must specify the condition for indexing i.e. indicate the new size of the official salary (rate).

Additional agreement to change salary: sample

Contract of carriage, chartering, transport expedition
Transfer, alienation agreement
Construction contract: household, construction, subcontracting
Contract of order, contract of surety
Supply agreement, contracting
Rental agreement: household, construction
Life annuity contract, life support
Loan agreement, gratuitous provision of services
Insurance, reinsurance contract
Employment contract with an employee
Agreement on assignment of rights and transfer of debt
Apprenticeship agreement with employee
Memorandum of Association, joint venture agreement
Storage agreement, liability
Other contracts

Contracts for tags Quote for the ages Scientists quite often differ from normal mortals in their ability to admire verbose and complex delusions.

We issue an increase in wages

In such situations, the employee's salary can be changed unilaterally at the initiative of the employer. According to the norms of the current Russian legislation, the employee must be notified of this at least two months in advance. Based on part 2 of article 74 of the Labor Code of the Russian Federation, the employer must give the employee a written notice.

Attention

This document can be composed in any form. It indicates the reasons for the change, and also reflects how much the salary and date will decrease. If the employee refuses to receive a notification from the employer, then an act must be drawn up in the presence of witnesses (two or three people).

The content is read aloud to the employee. The two-month warning period begins to run from the date of drawing up the act. It should be borne in mind that a change in salary must be made to the staffing table by issuing an order from the head (in any form).
For again hired Workers indexation of wages is carried out in accordance with the generally established procedure, regardless of the number of full (incomplete) months worked by them in the quarter for which indexation is made for the first time for them. Familiarized with the position: Positions stakeholders personal signatures and decryptions of signatures Step 3. On the basis of the order "On the indexation of wages" and the Regulations on remuneration and bonuses, changes are made to the staffing table.

An example of an order on amending the staffing table. Limited Liability Company "Alternative" (LLC "Alternative") ORDER September 22, 2015 No. 17 Moscow On amendments to the staffing table Based on section 8 of the Regulations on wages and bonuses, in order to increase the level of real content of wages in accordance with the requirements of Art.
Many employers are asking the question of how to cut costs, including saving on wages. Sometimes they are forced to reduce salaries and other payments to employees, and sometimes they increase. In any of these two situations, it becomes necessary to draw up an additional agreement.

In the article, we will take a closer look at how to correctly draw up a supplementary agreement to an employment contract in 2018 in order to change the amount of wages. How to formalize changes in wages An increase in wages can only please employees, but a decrease in wages can cause some negative and even provoke conflict situations between employer and staff. This can lead to a refusal to sign the document, which reflected the change in wages.

Salary is that fixed part of the salary, which is necessarily prescribed in the employment contract with the employee.

A sample of an additional agreement to an employment contract on the indexation of wages

It is established in connection with an increase in consumer prices for goods and services (Article 134 of the Labor Code of the Russian Federation): Article 134. Ensuring an increase in the level of real content of wages Read on the topic in electronic journal Ensuring an increase in the level of real wages content includes the indexation of wages in connection with the rise in consumer prices for goods and services. State bodies, bodies local government, state and municipal institutions make indexation of wages in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms, other employers - in accordance with the procedure established by the collective agreement, agreements, local regulations.

Another indicator of the rise in prices for goods and services.

How to make changes to the LNA on the indexation of wages? If the indexation of wages is carried out for the first time: - it is necessary to amend the Regulations on wages and bonuses; - but at the same time arrange the text as a separate section. Also, the employer has the right to accept an independent document. For example, the Regulation on Indexing. The procedure for processing documents for the indexation of wages Step.

The fundamental document that regulates the relationship between the employer and the employee is the employment contract. It reflects all the obligations and rights of the parties.

In addition, the document contains clauses on liability for violations of the terms of the employment contract.

In our article, we will look at how to draw up a supplementary agreement to an employment contract for a salary change in 2019. Also on this page the reader can download the form and a sample of the completed document.

The need for an additional agreement to the employment contract

One of the most important points in the employment contract between the employer and the employee is the determination of the salary. Note that the salary indication is mandatory requirement to the content of the document.

Thus, any change in the employee's salary must be accompanied by the signing of an additional agreement between the parties. labor relations... At the same time, it does not matter at all whether the salary increases, or, conversely, decreases.

The signing of an additional agreement is evidence that the change in salary is voluntary and occurred by mutual agreement of the parties. In most cases, it is the salary that is meant as a constant part of the employee's salary.

We add that some payments to employees, which are not considered permanent earnings, do not require an additional agreement, namely:

awards;
allowances and so on.

There is no need to stipulate these payments in an additional document.

Registration of amendments to the employment contract

It should be noted that the employee's wages can change not only upwards, but also downwards. An increase in salary is usually perceived by employees positively and there are no problems in the preparation of related personnel documents.

Lowering the salary, on the contrary, causes a negative reaction and often leads to conflicts with the management of the organization. As a result, the employee may refuse to sign Required documents, which reflect changes in salary downward.

Based on par. 5 hours of the second art. 57 of the Labor Code of the Russian Federation, salary is a fixed part of the salary, which is necessarily prescribed in the employment contract between the employer and the employee. In this regard, in order to change the salary, it is necessary to conclude an additional agreement.

There will be no problem if the employee agrees to a reduction in salary. But more often than not, a decrease in wages leads to the fact that workers do not agree to sign an additional agreement to the employment contract on changing the salary.

Reduction of salary

The need to reduce the official salaries of employees can arise in almost any organization. The reasons for this can be different. Most often, a downward revision of salaries may be required in the event of:

unstable financial situation;
the need to change the technological process.

But regardless of the reason for the need to reduce the wages of employees, it is mandatory to sign an additional agreement to the employment contract.

An exception is one of the grounds prescribed in Art. 74 of the Labor Code of the Russian Federation:

change or introduction of new technologies used in production;
change or appearance of new technology;
change in the structure of the enterprise (including management);
improvement of workplaces;
change in workload between departments.

In these cases, it is not necessary to obtain the employee's consent to reduce the fixed wage.

In addition, a reduction in the salary is considered a change in the terms of the employment contract, which means that the employer must, without fail, notify the employee in writing two months before the event occurs.

If, after notifying the employee about the decrease in salary, he refuses to continue to perform his duties on the new terms, then he can be fired. If the employee expresses a desire to continue working on the conditions proposed by the employer, it is necessary to conclude an additional agreement to the employment contract.

Please note that the employer cannot simply reduce the amount of the employee's earnings. If there is a decrease in salary, then proportionally, not only work time, but also labor duties employee.

We add that any agreement that acts as an addition to the employment contract and contains a condition for reducing wages, while not changing the working conditions, is deliberately illegal. If, in the event of an audit of the organization labor inspectorate, it will be revealed that the working conditions of the employee have not changed, and the salary has been reduced, then this will be qualified as a gross violation of the rights of the employee and the requirements of the Labor Code of the Russian Federation.

In addition to the employment contract, it is imperative to indicate the date from which the changes in labor contract take effect.

Increase in salary

If the organization has sufficiently broad financial capabilities, then it can increase the salary, both for individual employees and for all employees. As in the case of the salary reduction, it is necessary to amend the main employment contract.

The standard algorithm for making changes to the employment contract with an increase in the salary of employees looks like this:

1. The head of the employee draws up a memo to the head of the organization. The note substantiates the need to increase the salary of a specific employee. As a basis, the following may be indicated:

high professional qualities;
merits and achievements;
performance of an increased amount of work and so on.

2. The head of the organization issues an order to change the items of the staffing table concerning the salary of a particular employee on the basis of a memo. The staffing table, to which the changes were made, will be legal basis to sign an additional agreement to the employment contract.

In the supplementary agreement to the employment contract, it is enough to state the item on the employee's due wages in a new edition.

It should be borne in mind that the date of entry into force of the supplementary agreement must coincide with the date of changes made to the staffing table of the organization.

You can download a sample of an additional agreement to an employment contract on changing an employee's salary by clicking this button:

How to unilaterally change an employee's salary?

In accordance with Article 74 of the Labor Code of the Russian Federation, a change in the size of a salary in a supplementary agreement may be associated with a change in technological or organizational conditions labor (for example, there was an automation of production or changed organizational structure enterprises).

Based on part 2 of article 74 of the Labor Code of the Russian Federation, the employer must give the employee a written notice. This document can be drawn up in any form. It indicates the reasons for the change, and also reflects how much the salary and date will decrease.

If the employee refuses to receive a notification from the employer, then an act must be drawn up in the presence of witnesses (two or three people). The content is read aloud to the employee. The two-month warning period begins to run from the date of drawing up the act.

It should be borne in mind that a change in salary must be made to the staffing table by issuing an order from the head (in any form). If the employee agrees to work on new conditions, an additional agreement to the employment contract is drawn up.

After that, it is necessary to issue an order to lower the employee's salary, which can also be drawn up in free form. Further, the employee must be familiarized with the order against signature.

In accordance with Part 3 of Art. 74 of the Labor Code of the Russian Federation, if the employee does not agree with the changes in wages, then the employer must offer the employee available vacancies(in a written form). The employer can offer not only vacancies corresponding to the qualifications of the employee, but also other, lower positions.

The employer has the right to dismiss the employee if he refuses to transfer or in the absence of vacancies, on the basis of part 4 of article 74 of the Labor Code of the Russian Federation. The employee is entitled to payment of severance pay (in the amount of two-week average earnings).

How to change the salary of an employee the salary of an employee when transferring to another workplace?

As we have already noted, any change in the terms of the employment contract should suit both the employee and the employer. This also applies to changes in the salary of an employee in connection with the transfer to a new job.

The employee must be notified of the transfer in advance - no later than two months in advance. If the employee agrees to the transfer, then an additional agreement to the employment contract should be signed with him regarding the clauses of the contract that are subject to change (including changing the salary).

The obligation to draw up a supplementary agreement to the employment contract in the event of a change in the employee's salary lies with the employer. It is necessary to draw up and sign two copies of such an agreement (one for the employee and the other for the employer).

How to make an add. agreement on an increase in salary with an increase in the minimum wage and indexation?

Based on Art. 133 of the Labor Code of the Russian Federation, when the size of the minimum wage changes, all employers are obliged to bring the wages of low-paid workers in line with the new minimum size wages. If the organization has a salary and bonus system, this can be done by increasing the bonuses. With employees who receive only salary, an additional agreement must be concluded to increase the salary of employees.

In a situation where the minimum wage was increased retroactively, the organization needs to draw up an additional agreement to the employment contract on the increase in salary with the date when it became known about the change in the minimum wage. In this case, the action of the agreement must be extended to earlier periods and recalculate the wages of workers.

In addition to changes in the minimum wage, the indexation of workers' wages is also affected. In the case of indexation, additional agreements should be concluded with employees to change wages. Based on Art. 134 of the Labor Code of the Russian Federation, the procedure for indexing commercial organizations spelled out in local regulations (for example, in the regulation on wages and bonuses).

Please note that it is impossible to index the wages of employees without concluding an additional agreement, due to the fact that the terms of the employment contract are changing.

How to Draw up a Sample Salary Change Supplement Agreement 2019

Organizations that change the salary of their employees quite often should develop a template for a supplementary agreement. As we have already mentioned, the document can be drawn up as an attachment to the regulations on remuneration and bonuses.

An additional agreement is concluded in the same manner as an employment contract. Please note that in the supplementary agreement it is imperative to reflect the specific size of the salary, from what date it changes the salary and how much it will amount, as well as the details of the employment contract to which the changes are being made.

In addition, a serial number must be assigned to the supplemental salary change agreement. In the preamble of the agreement, it is necessary to indicate the following information:

surname, name and patronymic of the employee;
surname, name and patronymic of the employer's representative.

Further, they indicate on the basis of which document the representative of the organization acts (it can be a power of attorney or charter). The date and place of drawing up the additional agreement are put on the document. It is signed by both the employee and the employer. Then the document is certified with the seal of the organization (if any).

One copy is with the employer, the other (against signature) - with the employee.

Recall that wages must not be lower than the minimum wage established at the local level. Very often this level is higher federal minimum wage... From 01.01.2019, the federal minimum wage is set at 11,280 rubles.

You can download the supplementary agreement to the employment contract on changing the salary by clicking the button below:

The article has been edited in accordance with the current legislation 11/21/2018

It can also be useful:

Is the information helpful? Tell your friends and colleagues

Dear Readers! Site materials the site is devoted to typical ways of solving tax and legal issues but each case is unique.

If you want to know how to solve your particular question, please contact us. It's fast and free! You can also consult by phone: MSK - 74999385226. St. Petersburg - 78124673429. Regions - 78003502369 ext. 257

At the request of the GIT, we have added a clause on periodic indexation of wages to the Regulations on Remuneration. Its order was also determined there. All employees were informed about the changes in the Regulations. When hiring newcomers, we also introduce this document under their signature. Is it then necessary to conclude additional agreements with all employees during indexing? We have over 800 people on our staff. It will take a lot of time to draw up such a number of additional agreements, and then also get the signatures of employees! The salary is increasing - hardly anyone will object.

Answer

In order to index salaries, in your case, you will have to conclude an additional agreement with each employee. Wages are one of the conditions of an employment contract, and the parties can change them only by mutual agreement (Article 72 of the Labor Code of the Russian Federation).

You did the right thing to notify employees of the changes to the Regulations on Pay. However, the signatures of employees in this case only confirm that they have familiarized themselves with this local normative act. The fact that they agree to be indexed, their signature does not mean.

How to draw up an additional agreement,

You can register salary indexation in two ways. Each of them has pros and cons (table).

Option	A plus	Minus	What should be indicated
Conclude an additional agreement with each indexing ( Annex 1)	Gives freedom of action: you can change the frequency and / or size of indexing	Large labor costs: with each indexing, you will have to draw up additional agreements for each employee (in duplicate)	Indexation size, link to the Regulation on remuneration (if it defines the indexation procedure)
Conclude a one-time supplementary agreement ( Appendix 2)	Saves time and effort: just issue an order and familiarize employees with it	Indexing cannot be canceled, its size cannot be changed unilaterally	Indexation size, its periods

As for new employees, if you do not want to waste time on registration of each indexation, define it as a condition of the employment contract (Appendix 3). Please indicate the size and frequency. The pros and cons of this method are similar to the option with a one-time additional agreement.

Read helpful articles