The minimum wage is called salary. It is established at the federal legislative level. Payments less than this value cannot be made to an employee.

When determining the size, it is important to focus on the cost of living. It is determined at the federal level annually.

If the cost of living changes, then the salary may increase or decrease. Often unscrupulous bosses take advantage of this. Reduction of salary at the initiative of the employer may be declared illegal. It is important to know how to determine the illegality of acts.

Normative base

The salary paid to each employee in the institution is determined on the basis of the internal documentation of the organization. The amounts are reflected in the labor or collective agreement.

In accordance with Article 72 of the Labor Code of the Russian Federation, a reduction in the official salary is possible only with the agreement of the parties. To do this, it is necessary to revise the provisions.

The procedure for setting wages for employees is prescribed in:

• Labor Code of the Russian Federation;
• employment contract;
• collective agreement.

The provisions of Federal Law No. 82-FZ, which was issued on June 19, 2000, are also taken into account. He talks about the minimum size of OT. The document helps to determine the nature of the actions of the employer and identify violations.

Foundations

There are several reasons that make it possible to reduce the amount of wages of an employee:

• You can reduce the salary if the level of income of the institution has changed. In order to eliminate the possibility of layoffs, wage cuts may be required.
• The salary is reduced at the time of the transition of the employee to a less paid position.
• The level of wages becomes lower if the enterprise is reorganized. This is due to new technical and organizational conditions of work.

A reduction in salary at the initiative of the employer will be considered illegal if it is made in other cases. It is worth remembering that before notifying employees, it is necessary to indicate the grounds for reducing wages. To do this, a collective meeting is organized or information is communicated to the employee in any way.

Salary reduction at the initiative of the employer

In some cases, the employer has the right to reduce the amount of wages on their own, without discussing measures with employees. The grounds for such a decision are reflected in Article 74 of the Labor Code of the Russian Federation. The main one is the change in the technical and organizational conditions of work.

Among the innovations in the organization of labor, a change in the production process is distinguished. The second direction provides for technical innovations that make it possible not only to facilitate the work of personnel, but also to free them from fulfilling certain obligations.

In order for the amount of salary to be changed legally, it is necessary to comply with all requirements of the law. It is important for an employer to notify employees in writing. This must be done no later than two months before the event.

It is necessary to draw up two arbitrary notices and send them to each of the parties. The document reflects the new working conditions. After studying the notification, the employee must put an introductory signature.

If an employee does not agree with the changes, he may be offered other positions with the appropriate qualifications to choose from. It is also allowed to hold a written notification of the availability of less paid vacancies. If the employee and the employer do not come to a common decision, then the employment relationship is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.

With the consent of the employee, an order is prepared to change working conditions. It must be signed by the manager and employee after familiarization.

It is prohibited to carry out such procedures when an employee is:

• business trip;
• on holiday;
• on a sick leave.

They can only start after its official release.

It is important to reflect the new salaries in. However, this measure should not be recognized as an organizational change. The same rule applies to reducing the amount of work and reducing the list of responsibilities.

The only legal option is to change the technical working conditions in the institution. In this case, the judiciary is on the side of the employer.

By agreement of the parties

Most often, employers try at a collective meeting to notify employees about unpleasant, but required changes. Since wages, in accordance with Article 57 of the Labor Code of the Russian Federation, are an important component of the relationship between an employee and an employer, it can only be changed by agreement of the parties. The norm does not apply to the situations provided for by Article 72 of the Labor Code of the Russian Federation.

If the employee makes the decision of the employer, then adjustments are made to the employment contract. You can do this by creating an additional agreement.

In practice, this method is not entirely reliable. After the employee initiates an inspection of the activities of the institution by the Labor Inspectorate, the fact of pressure on the employee during the signing of an additional agreement is revealed.

In litigation, an employer can be forced to:

• restore the employee's salary;
• pay the shortfall in wages;
• pay a fine.

At the same time, judges most often take the side of disadvantaged workers.

Both judicial and labor authorities note that while maintaining working conditions, changing wages is considered unlawful. Therefore, in order to avoid controversial issues, when drawing up an additional agreement, it is important to reflect the new workload or working hours.

Design and options

In order to formalize the changes, a written fixation of the new conditions of organization or labor technology is necessary. It is important to prepare an order that would tell about innovations.

It is also mandatory to notify the employee of upcoming changes. This must be done no later than two months before the event. A notice reflecting the changes and the new salary is handed over to the employee against signature.

Reduction or non-payment of premiums

Salaries may include additional incentive payments. They may be provided for by internal regulations or a collective agreement.

Many documents contain information that such payments are not considered mandatory and can only be transferred if there are funds in the budget. Then they will not be included in the salary. It is worth remembering that on the basis of subparagraph H of paragraph 2 of the Regulation, according to which average earnings are calculated, bonuses will not be taken into account as it.

If the organization lays down bonuses based on the results of labor, then they must be paid. The employer cannot stop the payment or reduce its amount.

Leave without pay

Often, employers want to reduce the salaries of employees by sending them on unpaid leave. It is provided in the absence of orders and work. Employees are afraid that they may be fired, so they voluntarily take such a step.

Such actions may be considered illegal. After all, the decision must be made by both parties. At the same time, there must be good reasons for unpaid leave (family circumstances). If the rest is given to the entire shift at the same time, then the regulatory authorities will necessarily initiate proceedings.

Shortening the working day

Employers can reduce labor costs by introducing part-time work in the institution. For example, in an enterprise with a six-day working week, the number of workdays is reduced to four. Therefore, wages are significantly reduced.

It is worth remembering that the actions of the employer will be considered legal if the organizational or technological working conditions have changed. There should also be a reduction in the number of employees due to these circumstances. If both conditions are not met, then it is prohibited to reduce the number of working days.

Making changes to the employment contract

When deciding to make changes to labor agreements with employees, it is important to remember some mandatory actions:

1. The employer needs to prepare a document reflecting the changes that have occurred. This may be considered as an order.
2. Further, a document is being prepared stating that the official salaries of employees are becoming lower. It provides a link to the order to change working conditions.
3. Not later than two months before the changes come into force, employees must be notified about them.
4. If the workers agree to continue working, additional agreements are being prepared with each of them.
5. In case of disagreement of employees, it is necessary to select vacancies of a similar skill level or positions with a lower salary. If the proposed options are rejected, dismissal is carried out on the basis of clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.

Consequences for unreasonable reduction

Illegal wage cuts can lead to employer liability.

In accordance with the Labor Code of the Russian Federation, a person may be subject to:

• material;
• administrative;
• criminal liability.

If the reduction is illegal, then only disciplinary or administrative penalties are applied. Indeed, in this case, material compensation for unpaid funds is not provided. Criminal liability cannot be applied, as there is no corpus delicti.

A reduction in the official salary can be made only by agreement of the parties or in connection with changes in technological and organizational working conditions. They must be spelled out in the relevant documents.