Forks are in the staffing table. "Fork" of salaries in the staffing table: possible risks

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In an organization, employee salaries are determined using a fork. IN staffing table the maximum salary is set. How to get out of the situation if an employee contacts the prosecutor's office with a complaint about salary discrepancies - read the article.

Question: In our institution, an employee’s salary when hired is determined using a “fork”, inside and out. Those. his experience and education are taken into account. The staffing table includes the maximum salary, because... We don’t know which employee will come to work with us, with what experience and education. One employee contacted the prosecutor's office with the fact that his salary was set incorrectly, because... there is more in the staffing table than he actually has, but with regards to the “fork” he has everything right. Help me get out of the situation.

Answer: In this case, we propose to make changes to the staffing table and set the employee a specific salary for his position (the same as specified in his employment contract).

It is possible to establish a range of salaries by position in the staffing table only if there are differences in the categories of professions or in the qualification category of employee positions (Article 143 of the Labor Code). Such positions must be reflected in column 3 “Position, rank, qualification class” of the staffing table (if you use a unified form).

That is, it is possible to install a salary range, for example, for milling operators of the second and sixth categories or for a labor protection engineer of category I and a labor protection engineer of category II. These positions are divided into ranks and categories; therefore, employee salaries may vary.

The law obliges the employer to provide employees with equal pay for work of equal value (Article 22 of the Labor Code). In this regard, establishing a salary range for one profession or position that does not have gradations by rank or category is discrimination in the world of labor (Article 3 of the Labor Code).

In this case, varying the amount of remuneration is possible by establishing allowances depending on the employee’s work skills, complexity, quantity, quality and conditions of the work he performs, which will be reflected in columns 6-8 “Allowances, rub.” staffing table (part 1 of article 132 of the Labor Code).

Similar explanations are given by Rostrud specialists in letter dated April 27, 2011 No. 1111-6-1. The legality of this position is confirmed by the courts. See, for example, cassation ruling of the Supreme Court of the Udmurt Republic dated 08/08/2011 No. 33-2789/11, appeal rulings of the Altai Regional Court dated 03/26/2014 No. 33-2530-14, Yaroslavl Regional Court dated 05/05/2014 No. 33-2519/ 2014, decision of the Savelovsky District Court of Moscow dated 06/03/2015 No. 2-3726/2015.

It turns out that in this situation we advise making changes to the staffing table and setting the same salaries (a specific amount) to all employees with the same positions. And then, depending on the employee’s length of service, level of education and other indicators, vary the salary by establishing bonuses. Also reflect the allowances in the staffing table.

Rationale

How to create a staffing schedule

Is it possible to establish a salary range in the staffing table by position?

No you can not.

It is possible to establish in the staffing table a range of official salaries for a vacant position from the minimum to the maximum size only in case of differences in the categories of professions or in the qualification category of employee positions (Article 143 of the Labor Code). Such positions should be reflected in column 3 “Position, rank, qualification class” of the staffing table. For example, milling operators of the second and sixth categories or a labor protection engineer of category I and a labor protection engineer of category II.

At the same time, the law obliges the employer to provide employees with equal pay for work of equal value (). In this regard, establishing a salary range for one profession or position that does not have gradations by rank or category is discrimination in the world of labor ().

In this case, varying the amount of remuneration is possible by establishing allowances depending on the employee’s work skills, complexity, quantity, quality and conditions of the work he performs, which will be reflected in columns 6-8 “Allowances, rub.” staffing table (part 1 of article 132 of the Labor Code).

Similar explanations are given by Rostrud specialists in letter dated April 27, 2011 No. 1111-6-1. The legality of this position is confirmed by the courts. See, for example, cassation ruling of the Supreme Court of the Udmurt Republic dated 08.08.2011 No. 33-2789/11, appeal rulings

Tell me, please, can 2 employees of the same organization occupying the same positions have different salaries? Let’s say the salary of the first employee (an excellent specialist, experienced, diligent, hardworking) is 50,000 rubles, and the second (careless, inexperienced, who works under pressure) is 40,000 rubles. At the same time, both of them perform the same job responsibilities and ultimately cope with them. We can say that at first glance this differentiation is fair. But is this really so?

Practice shows that labor results are positively influenced by a differentiated approach to remuneration. Therefore, variation in the staffing table, which is expressed in establishing a range of official salaries (from minimum to maximum), is common among employers. However, such differentiation violates one of the fundamental principles in labor legislation – the prohibition of discrimination in the labor sphere.

What are we violating?

According to Part 2 of Article 22 of the Labor Code, the employer must provide employees with equal pay for work of equal value. And in accordance with Article 3, Part 2, Article 132 of the Labor Code, there is a ban on discrimination in the sphere of labor, including when setting and changing wages.

Discrimination is understood as a restriction of labor rights and freedoms or any advantages in them depending on race, gender, nationality, etc., if such a restriction is not related to the business qualities of the employee.

Article 37 of the Constitution of the Russian Federation also proclaims the right to remuneration for work without discrimination. International legislation establishes similar requirements. So in v. 7 International Covenant on Economic, Social and Cultural Rights (New York, December 19, 1966) talks about the right of everyone to equal remuneration for work of equal value.

What do we pay?

When talking about remuneration, which is established by the staffing table, we first of all mean salary - this is fixed payment for performing duties for the month. The employee’s job responsibilities are determined by his labor function (work according to the position according to the staffing table, profession, specialty) - Part 2 of Article 57 of the Labor Code.

It follows that the salary should be determined by the complexity of the work performed. If employees have the same positions, then it turns out that they perform work of the same complexity, and therefore, the salary for these positions should be the same.

In the standard form T-3 Staffing table (approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1), the column “Tariff rate (salary)” is provided. If there is a fork here, then uncertainty arises in column 9 (total) and the final line. At the same time, it is not possible to accurately determine the wage fund.

What to do?

Thus, labor legislation does not make it possible to establish different salaries for the same positions for workers. The salary must be set for each position. However, this does not mean that it is not possible to take into account the employee’s business qualities in a differentiated manner. This can be done in several ways.

1. Clarify job titles. If, for example, you have 2 sales managers, the first of whom receives a salary of 40,000 rubles, and the second - 35,000 rubles, then the first may be a senior sales manager. Thus, you can use the words: junior, senior, main, leading, etc. Disadvantage of this method:

— the labor function may also change;

2. Establish ranks or categories for positions. At the same time, the requirements for work experience, education, and responsibilities will differ for different categories. Flaw:

— if employees are already working, then certification will have to be carried out;

— it is necessary to introduce new positions and transfer employees;

- Employee consent is required.

3. Establish salary increases, bonuses, i.e. introduce a variable part of remuneration. Those. Employees in the same positions will have the same salary, and other payments will be differentiated depending on business qualities, experience, education, work results, etc.

To use differentiation through the system of bonuses, it is necessary to approve the Regulations on remuneration and familiarize employees with it against signature. Also, an additional agreement to the employment contract is concluded with each employee affected by the changes with reference to the Regulations.

Any of these methods will allow you to establish differentiated salaries without violating labor laws.

What will it be like?

According to Article 5.27 of the Code of Administrative Offenses, administrative liability is provided for violation of labor legislation:

- for officials: a fine of 1000-5000 rubles;

— Individual entrepreneur fine 1000-5000 rubles. or suspension of activities for up to 90 days;

— legal entities fine 30,000-50,000 rubles. or suspension of activities for up to 90 days.

In addition to administrative liability for discrimination, there is also criminal liability under Article 136 of the Criminal Code (from 200 thousand rubles to imprisonment for up to 2 years).

The court makes decisions in favor of the workers and they are compensated for the difference in salaries, as well as interest for delayed payments under Article 236 of the Labor Code.

As can be seen from the figures, the liability for this seemingly minor violation is very serious. Therefore, if your staffing table suffers from a “fork” disease, it is better to fix everything right away, especially since there are quite affordable options.

What is your point of view on this situation? Please share in the comments!

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Before talking about the amount of payment fixed in the staffing table, we should recall the basic norms of labor law enshrined in the Labor Code of the Russian Federation. In relation to the amount of payment, one should remember the requirements of Art. 22 codes. It states that equal pay is required for equal work.

This leads to the following conclusions:

The principle of equal pay is one of the fundamental principles of labor legislation. There is no way around it.

What does the law indicate?

Of course, the consequences of the fact that different wages are set for the same work cannot even be considered legal. Such a condition, enshrined in the documents provided for by labor legislation, can result in very serious consequences for the employer.

In the event that there is a clear violation of the principle of equality of workers depending on their qualifications and achieved results, the employer may be required to:

In addition, it is necessary to pay attention to the prohibition of discrimination in the world of work.

In this case, the perpetrators will be punished (Article 5.62 of the Code of Administrative Offenses of the Russian Federation):

• For citizens - a fine of 1 to 3 thousand rubles.
• For organizations – from 50 to 100 thousand rubles.

Article 5.62 of the Code of Administrative Offenses of the Russian Federation. Discrimination

Discrimination, that is, violation of the rights, freedoms and legitimate interests of a person and citizen depending on his gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, beliefs , belonging or not belonging to public associations or any social groups, -

entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; on legal entities- from fifty thousand to one hundred thousand rubles.

What can be done to fix this?

In the event that it is necessary to pay differently for equal work in identical positions, the employer can use the following methods:

• Payment of bonuses for special working conditions. If you need to encourage a specific employee, an additional payment can be established for him for any reason. For example, no matter how much is required in normal work foreign language, the employer has the right to establish for monthly payments condition on proficiency in foreign speech.
• Allowances and regular bonuses. In the event that payments are related to the performance of functions under an employment contract.

Conclusion

Thus, we can conclude: although the work in one position may differ, the employer will need to prove in case of a dispute that there are significant differences in the level of qualifications, results achieved, labor productivity or other points worthy of attention. Without this, the difference in pay for identical positions in the staffing table is a reason for administrative punishment.

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