Personal surcharge to official salary. Requirements for registration of surcharges and allowances to employees

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Personal surcharge to official salary

The fact is that it is usually enough to write in the situation that the decision on such payment is made taking into account the economic situation in the enterprise or with some condition. And then there is a complete right not to pay such personal surcharges in case of some difficulties with financing or unwillingness to bear such expenses.

In the case when it is necessary to establish a personal surcharge with a specific employee, usually a fairly motivated office note of the direct chief in the name of the leader who has the right to make such a decision (Director, Director of Human Resources, Financial Director, Chief Accountant, etc.). In the service note, you need to specify the reasons why you need to make such a surcharge, specify its size in rubles and the validity period of such a surcharge.

Grounds for personal surcharge subordinate

Info

A service note from the immediate supervisor of the employee who is supposed to establish a personal surcharge is written in the name of the head of the organization. Its binding details are the outgoing number, the date of the preparation and signature of the sender.

For example, it may look like this: the director of LLC "Upper Floor" Rosanov R. A. from the head of the Polyakova technical service K. N. Service note I ask you to establish a personal allowance to the chief engineer Vasilchikov A.

A. In the amount of 20% of official salary for high qualifications and lack of marriage in work. Signature: (signature) Polekov K.N. Date: 02.28.2016 The main condition for the preparation of the service notge for the allowance is its motivation.

The manager must convince the director that the payment is really necessary for which the evidence documents can be attached (for example, a report on the delivery of products).

How to make additional payments and salary surcharges?

Attention

At the same time, the TC does not specify what personal surcharges are, however, from the provisions of the Code, it can be concluded that these are cash that is paid in excess of the established base salary and are charged along with the salary. The allowance can be worn as a personal character (that is, it is applied to a specific employee and, accordingly, not applicable to other employees) and collective (for example, for work under certain conditions).

Personal surcharge can be appointed on various grounds: for work experience, professional skills, work with certain documents that make up a commercial secret, etc. Choosing the foundation on which surcharge will be carried out is the prerogative of the organization's management.

Personal surcharge

But since it is still part of the wage, it must be documented. To do this, it is necessary to regulate the personal allowance in the collective agreement or in the wage position and be sure to refer to this document in the text of the employment agreement (Art.
57 TK RF). IMPORTANT! If the employer does not make provisions on allowing to local documents, paying it without registration, he does not threaten legislative responsibility. The only thing that can serve a minus for the employer in such a situation is that unreasonable payments will not be attributed to the costs that reduce the tax base.
Petition and order of personal allowance How else can I make a personal allowance to pay, if you do not hold it a separate document? This may be necessary when the nature of payments is not systematic, and one-time or calculated for a certain period.

Personal salary

The most important components of the employee's salary, in addition to the base salary (tariff rate), are allowances and surcharges. Order, deadlines, the amount of payments are often becoming the subject of labor disputes between the employee and the employer.

What does the law say? The Labor Code of the Russian Federation does not contain clear definitions of surcharges and allowances, but, nevertheless, it mentions them and in the context of the work-defined labor contract (Article 57 of the Labor Code of the Russian Federation), and as part of wages (compensation and stimulating) in Art. 129 TK RF. Supplement and surcharge - what's the difference? The law did not specify the differences between the concepts of "surcharge" and "allowance".

Watching acts also did not clarify this question. Analyzing the current practice and existing legislation, it is possible to apply the following definitions.

Spending and payouts for wages

It is recommended not to make such a perplexed premium, but to install it for a period (for example, in half or the quarter). In the future, you can write a re-targeting for the extension of such an extra charge.

It will not be superfluous to indicate the source of financing this surcharge. For example, by saving the wage foundation due to the current noncompliament.

Or by increasing revenue from the sale of goods or service. After visiting such a document, the head must be conveyed by a labor organization or accounting sector (accountant).

This document will be founded in the preparation of the draft order for the establishment of a personal surcharge to the employee. The order for the establishment of personal surcharge is drawn up in arbitrary form.

In the preamble of the order, it is necessary to indicate in connection with which such surcharges are established.

Wage surcharges: how to arrange

The surcharge paid by the employer in optional cases is established individually and in this sense is precisely personal allowance. What personal surcharges are a personal surcharge to the salary of the employee can be established by the employer for work experience, its intensity, professional skills, for working with information that make up a commercial secret, for knowledge of a foreign language or the presence of a scientific degree, etc. The allowance can be in a fixed size (for example, 5000 rubles) or in the form of% to the salary (for example, 10% of the salary). In any case, its size should be indicated in the employment contract with the employee.

Is it possible to remove the extra, and how to make it right?

Personnel office work
Orders
Salary
Promotion

The question I ask for your clarification how to make an order. I already appealed to you on the issue No. 847091. I need to prepare an order for the company's main activity - on the payment under the Okhotsk project (employees go to the Okhotsk from Khabarovsk for several days - 15 days and there are on the scheduled task, this is not a business trip of this travel nature).

And to register in the order, that the official salary of the employee (it was on this project) a surcharge of 4,000 rubles is established. in a day. I want to point out in the order (the guide wants so much!) What does this surcharge is a measure of encouragement (it is necessary to indicate that this is a measure of encouragement or not?) And paid in this amount (4000 rubles per day) only for impeccable work and the lack of comments.

to stimulating - premiums and other incentive payments of a stimulating nature.

Employers tend to apply the following payroll:

for combining professions (posts);
for expanding service areas or an increase in the amount of work;
for the fulfillment of the duties of the temporarily absent employee;
for working with severe and harmful working conditions;
for labor intensity;
for work at night;
for non-normalized working hours from car drivers;
for the transportation of dangerous goods;
for leadership (brigade, link);
for work in the evening and night shift;
for work in excess of normal working hours.

The minimum requirements for additional charges are established, for example, articles 147, 148, 151-154 of the Labor Code of the Russian Federation.

How to make a personal allowance for salary

for a degree in the profile area;
for work in the conditions of service secrets, etc.

The time of the premium provisions - you can install these payments both on an ongoing basis and temporarily:

for a month;
for a quarter;
for a year;
indefinitely.

The size of the allowance can be determined in different ways:

fixed amount is fixed in local documents;
the amount of the allowance is calculated in a certain way, for example, as a percentage of salary or medium salary;
determining the size of a labor involvement ratio: the monthly amount allocated for the surcharge will be distributed differently within the employee group.

NOTE! Despite the fact that the amount of personal surcharges will not be limited in any way, should not be installed in the amount exceeding the monthly salary.
According to the rules established by Part 2 Thu.135 of the Labor Code of the Russian Federation, the wage system, the surcharge system and the promotion system and the bonuses system are established by collective agreements, agreements, local regulatory acts in accordance with labor laws and other regulatory legal acts containing labor norms rights. Accordingly, the employer has the right to reduce the system of stimulating premiums. As a rule, such a system is established by a collective agreement or a local act of the organization. At the same time, in the silhouser. 335 of the Labor Code of the Russian Federation, the allowances can be introduced by the order of the head. The order should indicate that the allowance is a stimulating payment. In addition, it will be necessary to indicate the terms of payment of the allowance, for example, that "the allowance is paid to employees, during the period of work on the project Okhotsk for every day of work in the amount."

We are Ano, in the labor contract, the manager establishes the allowance for a monthly official salary of 10% of the raised extrabudgetary funds. Please tell us to accrue from the services rendered in the current month or from funds received from customers at the R / S and Cassu also in the current month.

Answer

The procedure for payment of the allowance The organization determines independently in its local documents (in a labor or collective agreement, in the Promotion Regulations, etc.). If a clear order for calculating the surcharge in the employer's labor contract is not, then the corresponding item is worth adding to the contract. Otherwise, they can subsequent disputes with the director. Add the rules for calculating the allowance to the employment contract can be concluded with the head of the Supplementary Agreement.

Nina Kovyzina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

How to make additional payments and salary surcharges installed on the initiative of the organization

The administration of the organization can independently establish a salary of an employee of surcharge and allowance (). For example, surcharges for work experience in the organization, lack of disciplinary penalties, etc. For this size and the procedure for paying the allowances and surcharges should be prescribed:

in ();
in another local act of the organization, for example, in (and the Labor Code of the Russian Federation).

In addition, the established surcharges and allowances indicate in with an employee (and TK RF).

Ivan Shklovtsa,deputy Head of the Federal Service for Labor and Employment

How to change the employment contract

Grounds for change

The need to make changes to the employment contract occurs in cases where information or conditions contained in it are changed. At the same time, it can be changed both and the conditions of the employment contract.

Making changes to the employment contract is possible only with the mutual consent of its parties (). In this case, the initiator of changes can be both an employee and an employer ().

Registration of changes

When making changes to the employment contract, the written agreement between the employee and the employer. The typical form of such a document in the legislation is not established. Therefore, the organization may compile it in an arbitrary form in the form of an additional agreement. For example, with:

An additional agreement is an integral part of the employment contract. Therefore, they are in two copies - one for each of the parties. The fact that the employee received his copy of the Supplementary Agreement will confirm its signature on an employer instance. Such a conclusion allows Article 67 of the Labor Code of the Russian Federation.

If the organization is conducted by the organization of employment contracts, then fix in it issuing an employee of its instance of an additional agreement.

Situation: How to arrange an additional agreement if the change in the terms of the employment contract affects almost all of its content

Make an additional agreement to the employment contract.

In some cases, the change in the conditions of the employment contract may affect almost all its content. For example, the employee's change may entail the change in its rights and obligations, the wage conditions and many other provisions of the employment contract. Therefore, if too many changes are made in the employment contract, then its understanding can become difficult.

In order for the conditions for such a contract to be understood, it is advisable to compile an additional agreement to the employment contract. In it, indicate only the current provisions of the employment contract. At the same time, in the preamble, make a mark: "The parties outlined the employment contract in a new edition."

An example of making changes in mandatory conditions of employment contract

The organization has a vacant position of an accountant, which is translated by Cashira A.V. Dezhnevu.

To make changes to the employment contract with digesce. Based on the agreement, an order was published and an employee was declared a signature. An entry on transfer to another post is included in the labor book of the digeshee and in its personal card in form No. T-2.

Special causes of contract change

In some cases, before issuing an additional agreement to the employment contract, it is necessary to implement a number of procedures provided for by law. In particular, this applies to changes in the employment contract for reasons related to:

translating an employee to work in another locality together with the employer ();
temporary transfer of an employee to another job ();
translating an employee to another job in accordance with medical conclusion ();
by changing the jurisdiction of the organization, its reorganization ().

Change of labor conditions

Amendments to the employment contract for reasons related to the change of organizational or technological conditions of labor can be attributed, for example:

changes in the technique and production technology (for example, the introduction of new equipment, which led to a reduction in the employee's load);
structural reorganization of production (for example, the exclusion of any stage of the production process);
other changes in organizational or technological conditions of labor, which led to a decrease in employee's load.

If an employee does not agree to work in new conditions, the organization is obliged to offer him a different position (vacant, including and the lower, lower paid), if such vacancies are in the organization. Only vacancies available from the employer in this area are possible to offer an employee. We need to offer vacancies in other areas, if it is provided for by the collective (labor) contract, other agreements. Such rules provide Article 74 of the Labor Code of the Russian Federation.

In case of refusal of an employee from work in new conditions (as well as in the absence of vacancies in the organization), an employment contract can be terminated on the basis of part 1 of article 77 of the Labor Code of the Russian Federation. It is possible to do this only after the expiration of a two-month period after the employee's warning about changing the conditions of the employment contract. A similar position is reflected in.

There is no such thing as a personal surcharge in legislation, but the conclusion about its legality can be made from article 135 of the Labor Code of the Russian Federation, which allows employers to establish any allowance and surcharges to their employees.

Personal surcharge to salary: justification

Personal surcharges to the basic official salary can be provided in the following documents:

locally regulatory documents regulating salary accrual and premiums;
labor agreement of a specific employee.

In locally normative acts, as a rule, the allowances are prescribed without binding to a particular person. They are set for a certain job or merit. If a personal surcharge is specified in the labor contract of a particular employee, it applies only to it.

Personal surcharges are used to achieve the following goals:

payment of the employee for the execution of orders not related to the job description;
motivation and encouragement of individual employees.

Personal surcharges can wear both permanent and one-time character. That is, they can be paid constantly, or accrued only in that month when the employee performs additional work.

All these nuances should be spelled out in the order, which the employee prescribe a personal allowance.

Personal allowance order: sample

The order of personal allowance establishes it for a particular employee. It must be published, even if the allowance is prescribed in the employment contract. This is necessary in order for the accounting room to have grounds for accrualing the allowance, since the employment contract is a document containing personal data, and therefore access to it has a limited number of individuals.

The order is compiled in arbitrary form, on the form of the organization. It must contain the following details:

Date and number of the order;
FULL NAME of the employee who is installed for the admixture;
The view and size of the surcharge;
The procedure for its accrual;
The period to which it is installed;
The document on the basis of which it is accrued;
Signature of the head;
Signature of the employee about familiarizing the order.

You can also create an order and on a unified Blanc T-11 or T-11A, especially if orders are compiled in a specialized personnel or accounting program.

Such an order needs to be stored only 5 years, but in practice it is better to save it before the tax audit is to prove the validity of the assignment of these amounts on salary costs. And if the allowance is installed permanently, a copy from the order can be placed in his personal matter.

What can I install a personal allowance

Criteria for which personal surcharge is established is determined by the enterprise administration.

It can be installed:

for achieving certain labor indicators (revenue volume, expansion of the circle of job responsibilities, useful employee initiative, etc.);
for the implementation of one-time instructions not included in the official instruction of the employee;
for the continuous execution of various orders and tasks;
for work in special conditions, etc.

In fact, personal allowance can even be called extra charge for the combination of posts or a premium. The only thing to use it is undesirable for those payments that are regulated by law (pay for night, festive, overtime).

Personal surcharge is removed as follows:

if she was one-time, then its payment is stopped immediately after the accrual. Additional grounds for this are unnecessary;
if the allowance was established for an indefinite period, it is removed by publishing an appropriate order, which indicates the basis and deadline for the cessation of extra charge.

The employee will definitely need to familiarize themselves with this order.

Types of personal surcharges

Personal wage surcharge may be the following types:

solid cash, which plunges to the main salary of the employee;
percentage of the established amount (salary, full wages, premiums, etc.)

Moreover, several types of allowances, both percentage and solid monetary amount, can be installed at once.

Personal wage surcharge is a money amount that can be expressed as in a solid monetary amount, as in the percentage. It is established by the company's internal documents or the employment contract of a particular employee. In addition, an orders for the allowance is published, which serves as the basis for its accrual when calculating the salary.

Download the form of a unified form T-11 for order of personal allowance and see an example of its filling.

The article tells how an additional charge for the combination of the posts of the Labor Code of the Russian Federation is made, explains the subtleties of framework documentation.

What is compatible

Often there are situations that employees are sick, go on vacation. In this regard, there is a need to combine posts. In other words, a person works for himself and for the missing specialist. The period for which two posts are combined is negotiated by the parties.

From combination you can refuse. For this, a written refusal to the employer is sent. Art. 60.2 of the Labor Code of the Russian Federation established that it is necessary to warn in advance, so the notice is sent for three working days.

Typically, the institution combines positions that relate to one category: employees, workers.

What is the difference between combination

At first glance, it seems that there are no differences in these terms. In fact, it is not. Part-time work on another company free from the main work time. Upon combining posts, a person works in its main working time, but its schedule is painted more tight. After all, in addition to their duties, you need to work for another employee.

Combination may be made if the workflow does not deteriorate: product quality and maintenance remains at the same level.

Additional work is paid. The amount of surcharge for combination is negotiated by the parties. Experimental size depends on the amount of responsibilities and rates. The rule approved h. 2 tbsp. 151 Labor Code.

The management determines how serious work is to charge a specialist, and how to pay it. It is believed how long the person is under main and additional position.

3 types of surcharges for combination:

fixed amount;
percentages from the salary of the missing specialist;
salary increase.

Sometimes it happens that the person has duties gained, and additional payments for the combination of posts is not being done. Sometimes the head and should not do surcharge. It all depends on the conditions established by the contract.

Important! You need to show vigilance when signing the contract. If, under the terms of the contract, the employee must fulfill additional responsibilities, then the postpartum will not be paid for the combination of posts.

Of course, the employer is beneficial to immediately include additional conditions in the contract in order to save money.

Read also Registration of the application to take a few days at the expense of leave

How to arrange combination

It is important to correctly arrange documentation on combining. The order is compiled, where all essential conditions are indicated.

4 important items that are indicated in the order:

duties;
surcharge for expanding the scope of work;
supplement type: as a percentage or other calculus;
the deadline for which it is installed.

There are no accurate instructions, which allowance to make a specialist. The organization determines how much to pay extra. You can assign multiple employees to work for the missing specialist.

Payment order

The surcharge for the combination of posts should not be higher than saving the wage fund for free position. Local acts at the enterprise should reflect possible options for combining posts.

Information as much as payments for the combination of professions can be reflected in the collective agreement. The premiums and algorithm for accrualing premiums are indicated.

Practice shows that collective contracts are rarely concluded. Therefore, you can prepare the provision of the company's personnel. The situation includes information on how much payment for the combination of posts in one enterprise. The position is necessary to indicate which workers have the right to replace missing employees.

An employee will feel an increase in the income from the combined position, if you approve the size of the allowance to the local act. It is indicated by the size of the increase to the salary for the additional operation. Then the premiums will be accrued already taking into account the allowance.

Often, organizations do not make out the expansion of labor duties. Contrary to the law. A person leaves a vacation, but a different employee works for him. Naturally, no question of speech does not go. The person works more, and only his salary receives. This situation arises not only in commercial organizations, but also government agencies. If an employee does not declare his rights to the Labor Code, the situation will not change. You need to refer to Art. 151 TK RF.

Let us give an example. In Pasker, the secretary took a school vacation. Temporarily responsibilities are performed by the manager. How to arrange labor relations in this case?

Answer. The manager combines his duties with secretary functions. Therefore, such work is a combination. Consequently, allowance for the combination of posts on the TK RF is supposed. The company must legalize how the compatibility is paid. For this, the order is issued.

Read also Procedure for the design of extra charges to the minimum

3 points, which are indicated in the order:

a list of additional works;
deadline;
size of the surcharge.

The manager will earn more if the local act is provided for the size of the surcharge. The premium will be higher in this case. If several managers will work for the secretary, then the allowance is distributed between them. The head can make the same allowance if all equally respond to calls and engaged in office work. It is possible that one of the employees get a majority of additional work. Then work is paid differentiated. For example, one of the employees receives fifty percent, and the other two employees are twenty-five percent. When surcharges for the combination of the posts of the Labor Code of the Russian Federation 2019 depends on the size of the absence of the missing employee. Therefore, the size of the supervision of managers will depend on the salary of the secretary.

Nuances

Payment of labor when combining professions is a relevant issue for employees. After all, it is necessary to work more, so I need a reward for work. You can arrange an additional agreement to the contract. Specify which duties will additionally fulfill the employee. Based on the agreement, an order is published, where it is written, how much will be allowed to pay the employee's salary. When the need to work for the missing employee will disappear, the second additional agreement is subscribed to the contract. The order is published again. This time the meaning of the document will be different. The order is issued that in a budgetary or commercial institution, compatibility is terminated.

5 actions for legal design of combination:

Secure the local act of the size of the surcharge for completing additional work.
Prepare an additional agreement on the imposition of the functions of a missing specialist.
Passe the order to indicate the deadlines for the performance of the duties, the size of the allowance, the position, as well as the name and patronymic of the specialist.
At the end of the work again, sign an agreement to the contract.
Take an order to end the work.

There is a second version of framework documentation. The combination is considered works that are not included in the terms of responsibilities outlined by the contract. Therefore, additionally sign agreements is not necessary. The allowance will depend on the complexity and intensity of work. It is calculated from the salary of the missing employee.

To "load" the work of the specialist enough to do two actions:

Check orders. Specify the number of new features and the duration of their execution.
Agreement. Specify, the size of payments is taken from whose salary, as determined by the allowance, clarify how the calculation is made.

Supplements to the main salary are issued for those employees who combine two positions or perform an increased work. As employment legislation reads, any additional charge should be documented. The question of how to make extra payments to the salary, we want to highlight in this article. To do this, sign an additional agreement and issue an order.

In all regulatory acts of your organization, there must be detailed instructions on how to increase payment tariffs associated with the combination of two positions or increased work performed. A surcharge can be specified in a monetary amount or as a percentage of an hourly tariff rate or wage, depending on what is the form of remuneration in your organization.

If there is a mutual agreement with your employee, you can instruct it additional work or the combination of professions. And even if the employee will issue a microloan on Kiwi without a refusal or a regular loan in a bank, he will be able to settle on the obligations of money from surcharge. The agreement must be attached documented as an additional agreement to the employment contract of this employee and enterprise. The agreement must be signed on both sides, which means the consent of the employee to fulfill the additional amount of work or on the combination of two professions for an additional charge. The amount of surcharge is indicated separately in the document, which is decorated and signed.

After the additional agreement is signed, an order should be released. It provides a reference to regulatory documents, the agreement, indicates the amount of surcharge and timing to which the employee must fulfill additional work or combine the profession.

An employee should be familiar with the order and offer him to sign in it. Then a written notice is submitted to the accounting department, which will have to charge extra charge to the main salary or an existing tariff rate. This notice is the basis for accrualing cash tools for new tariffs or standards.

You can combine the profession or perform an additional work of the work within one month, after which it should be found on a permanent employee's free vacancy.

About how to make additional payments to the salary, should workers of labor and wages and accounting department. Tax deductions are made from the entire amount of employee wages, except for such forms of payments: a one-time payment, material assistance, social benefits.