Sample order for a salary increase due to an increase in the minimum wage

As you know, from January 1, 2021, throughout Russia, in all regions, the minimum wage will increase. This will automatically force some employers to revise the salary scale and increase the salaries of those employees who, as of 01/01/2020, do not reach the minimum wage in the relevant constituent entity of the Russian Federation (or the federal minimum wage - 12,130 rubles). To help such employers, we have prepared a sample order for a salary increase in connection with the increase in the minimum wage in 2021, which is impossible to find in the current legislation.

Also see:

• Minimum wage in 2021 by region
• How an employer can increase wages to the minimum wage: instructions

How to create an order

Let us say right away that there is no sample order for a salary increase in connection with an increase in the minimum wage in the law. There is neither a mandatory nor a form recommended by officials for such a form.

This means that each employer will have its own sample order to increase wages in connection with an increase in the minimum wage. It is prepared in accordance with the rules and customs of document flow accepted within the organization.

It makes sense to consolidate the sample order on salary changes due to an increase in the minimum wage from 2021 at the level of internal documents as a mandatory template for the future. So as not to overthink things later and waste time on drawing up another such order.

Results

The employer is obliged to pay an employee additionally if the salary accrued to him for the month (taking into account all compensation and incentive payments) turns out to be below the minimum wage and at the same time the employee worked the standard working hours and fulfilled his job duties. To pay such an additional payment, an order or other administrative document is drawn up.

Sources:

• labor Code
• Law “On the minimum wage” dated June 19, 2000 No. 82-FZ

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Contents of the order

Now about how to write an order to increase wages in connection with an increase in the minimum wage. As was said, the law does not impose strict requirements for its details.

Most importantly, do not forget to refer to the regulatory framework (although formally this is not necessary):

• Order of the Ministry of Labor of Russia dated 08/09/2019 N 561n (if you increase only to the federal minimum wage);
• regional agreement on the new minimum wage from January 1, 2020 (if you increase the minimum wage to the regional one);
• Part 11 of Article 133.1 of the Labor Code of the Russian Federation, which, under certain conditions, obliges employers to increase salaries to regional minimum wages (when working on working hours and fulfilling labor standards).

The following shows in the most general form how to draw up an order for a salary increase in connection with an increase in the minimum wage (+ read our recommendations and advice after):

It is very important in the order to increase wages and increase the minimum wage to provide a reference to the general internal regulatory act of the enterprise, which regulates the remuneration of personnel. For example, the Regulations on remuneration.

Also, in the order to increase wages in connection with the increase in the minimum wage, it is necessary:

• list full name employees who were promoted (preferably with positions and personnel numbers);
• so that the date of the salary increase is not later than the date of entry into force of the Federal Law on increasing the all-Russian minimum wage and/or the start date of the regional agreement with the updated “minimum wage”;
• indicate the new final salary amount (for all employees at once or separately if there is a difference in the amounts);
• list with whom to prepare additional agreements for salary increases (the list of persons must match those who received the increase).

At the end, the order is signed by the director of the organization. Visas for a personnel officer, accountant, or lawyer will not be superfluous.

From our website, you can freely order a salary increase in connection with the increase in the minimum wage in 2021 via a direct link .

How to apply for a salary reduction

A salary reduction may occur in accordance with Art. 74 of the Labor Code of the Russian Federation due to reasons related to new conditions in the organization or work technology. At the same time, according to Art. 72 of the Labor Code of the Russian Federation, a reduction is possible if the labor agreement is revised as a result of negotiations between the parties.

The main reasons may be:

• decrease in the organization's income;
• demoting an employee;
• reorganization.

The employer does not have the right to reduce the amount on his own initiative.

If the employee doesn't mind

The employer must (Article 74 of the Labor Code of the Russian Federation):

1. Issue an order on a new procedure for calculating wages and making adjustments to the staffing table.
2. Send each employee a notice of the salary change and its reasons no less than two months in advance (employer - religious organization - no less than seven calendar days (Article 344 of the Labor Code of the Russian Federation), individual - no less than two weeks (14 days) ( Article 306 of the Labor Code of the Russian Federation)).
3. Make sure that the employee agrees to work in the new conditions.
4. Execute in writing with the employee an additional agreement to the employment contract on salary changes.

If the employee is against

Need to:

1. Offer the employee in writing another available job (both vacant according to qualifications and vacant at a lower level or with lower pay). Condition is the ability for a person to perform similar functionality given his state of health. All eligible vacancies available in the area must be offered. He must offer work in other territories if this is established by the collective agreement, agreements, or employment contract.
2. If there is no suitable job or refusal of the proposed options, at the end of the employee’s notice period, issue a dismissal order under clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Order for individual entrepreneurs: features

Let us note that for individual entrepreneurs, a sample order for a salary increase in connection with an increase in the minimum wage in 2021 is generally not much different from the standard form. You just need to indicate the name of the individual enterprise in the header, and in the main part list the names of the personnel who need a pay increase.

If a businessman works alone - without staff - then in such an order he simply raises his own wages to the level of the new minimum wage.

Read also

11.11.2019

Opportunities to increase or reduce salary

The wages of employees of a budgetary enterprise are prescribed in the provisions of the labor or collective agreement.
A salary reduction is possible only if the terms of the employment contract are revised during negotiations between the employee and the director of the organization (Article 72 of the Labor Code of the Russian Federation).

You can increase the permanent part of your salary for the following reasons:

• the desire to bring wages in line with certain economic indicators;
• incentives for one or more employees;
• introducing an additional measure of staff motivation.

The director of the enterprise can change the remuneration of employees for work upward as many times as he likes, even every month; there are no restrictions for this action. In most situations, the company's management takes as a basis the rules prescribed in local documentation, which stipulate the reasons and dates for the increase.

In any case, an order must be issued. For salary increases and decreases, they are slightly different. When cutting a fixed portion of your salary, there are many more steps required.

It is important to remember that when drawing up a sample order to change the salary, changes must also be made to the staffing table. It is enough to include such a clause in the first document.

IMPORTANT!

The procedures for salary increases and wage indexation should not be confused. The main difference is that a company director can increase the salary of one employee or a group of people by different amounts and at any time (without allowing discrimination in wages). Indexation applies to all personnel of the organization, and after it the salary increases by the same percentage for all employees.

Salary increase

It goes like this:

1. The employee’s manager draws up a memo containing information about the reasons for the action and characteristics of the employee.
2. The director of the company or other authorized person signs the note.
3. The personnel officer of a budgetary organization prepares an order to change the salary and an order to make changes to the staffing table.
4. The HR employee makes changes to the employee’s employment contract, for which an additional agreement is drawn up.

What to do due to an increase in the minimum wage

Employers whose employees receive wages less than the minimum wage must increase it to the new established values. To do this, you will have to issue a sample order to increase wages and adjust the staffing table. You need to understand that the salary may remain the same, since it is not the salary itself that is less than the minimum wage, but the total amount of the salary received by the employee, which includes:

• compensation payments, including allowances and additional payments;
• incentive payments (bonuses);
• reward for work.

Is it possible not to raise wages?

The employer needs to understand that the increase in wages applies to those employees who work under an employment contract. Persons involved in cooperation under civil contracts (contracts, services) will not be able to count on an increase. In relation to such citizens, the employer is not obliged to fulfill the legal condition. In other cases, the employer is obliged to increase pay, including:

• when working on a part-time basis;
• when working part-time (if, for example, a part-time worker performs half the normal working hours, the employer is obliged to pay him half the minimum wage).

If the salary of the organization’s employees is below the minimum wage, the employer will be fined. Fine amount:

• for a legal entity will be from 30,000 to 50,000 rubles, for a repeated violation - up to 70,000 rubles;
• the director will be given a warning or a fine in the amount of 1,000 to 5,000 rubles, if detected again - from 10,000 to 20,000 rubles. Additionally, disqualification is provided for a period of one to three years.

The Labor Code of the Russian Federation stipulates that the monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage (Part 3 of Article 133 of the Labor Code of the Russian Federation). The federal minimum wage from January 1, 2018 is 9,489 rubles (Article 3 of the Federal Law of December 28, 2017 No. 421-FZ). However, it must be remembered that if a constituent entity of the Russian Federation has introduced its own minimum wage on the basis of a regional agreement, and the employer has not complied with the “non-joining procedure” to such an agreement, one should focus not on the federal, but on the regional minimum wage. And such a minimum wage, in principle, cannot be less than the federal minimum wage (Article 133.1 of the Labor Code of the Russian Federation). For example, in Moscow the regional minimum wage is 18,742 rubles (Moscow tripartite agreement dated December 15, 2015). How to make an order for additional payment up to the minimum wage if the employee’s salary is less than the minimum wage? We will talk about this in our consultation and provide a sample 2021 for ordering an additional payment to the minimum wage.

Who received a minimum wage increase from October 1

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Lucky Muscovites. This year, the minimum wage in Moscow changed twice: from July 1 and from October 1 (PP No. 1177-PP dated September 10, 2019):

• from July 1st they raised it by 570 rubles. up to RUB 19,351;
• from October 1, the amount was increased by another 844 rubles. up to 20,195 rub..

The minimum wage in Moscow from October 1, 2021 is 20,195 rubles (approved by Moscow Government Decree No. 1177-PP dated September 10, 2019). In the Moscow region, the figure has not changed - 14,200 rubles (agreement on the minimum wage in the Moscow Region No. 41 of 03/01/2018). The amount is adjusted depending on the cost of living, which legislators have the right to change quarterly. It is possible that it will soon be counted in the regions.