Fork in the staffing table: how we violate the Constitution. “Fork” of salaries in the staffing table: possible risks Letter from the Ministry of Socialist Labor about the salary fork
Good afternoon! There are situations when, on the basis of a resume, you hire an employee, but it turns out that he overestimated his abilities, and you have to train him, and he receives a salary already as a highly qualified specialist. Is it possible in staffing provide for a "fork" of salaries, minimum and maximum, and set at the discretion of the management and in accordance with the qualifications of the employee. How to draw up such a staffing table? And are there any recommendations for such situations when a new employee is given a lower salary until he proves that he complies with job descriptions?
Answer
Labor legislation obliges the employer to provide employees with equal pay for work of equal value (Article 22 of the Labor Code of the Russian Federation). In this regard, the establishment of a range of salaries for one profession or a position that does not have gradations by category or category is discrimination in the sphere of labor (Article 3 of the Labor Code of the Russian Federation).
The variation in the amount of remuneration in this case, depending on the labor skills of the employee, the complexity, quantity, quality and conditions of the work performed by him, reflected in the "Surcharges, rub." staffing ().
A similar position is held by Rostrud in.
Nina Kovyazina
2. Situation: Is it possible to set different salaries for employees holding the same position
Yes, you can, if the position provides for different categories.
Labor Code The Russian Federation does not prohibit setting different salaries for employees holding the same position. It is only said that the salary should depend on the employee, the complexity of the work performed by him and the quality of labor (). However, personal salary setting cannot be arbitrary (). Therefore, if the organization sets different salaries for employees holding the same positions, job descriptions should establish different responsibilities for them. And in the staff list, provide for various categories of positions. For example, enter positions: payroll accountant, fixed asset accountant, salesperson, senior salesperson, etc.
Nina Kovyazina
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
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A prerequisite for the grading system is the determination of the size of the official salary based on the results of the calculation of points. It should be carried out according to uniform rules, regardless of position and unit. To establish the official salary, it is necessary to monitor the labor market, while taking into account:
- - internal personnel policy of the enterprise;
- - financial and economic situation and potential of the enterprise.
Clearly, the process of developing a tariff-rank table of positions is shown in Figure No. 1.3 Maidanchik B.I., Karpunin M.B., Lyubenetsky L.G. and other Analysis and justification of management decisions. - M.: Finance and statistics, 2009
Rice.
To assess the effectiveness of the organization of the corresponding intrinsic value of the position, an analysis of grades is carried out for the positions of determining key positions, for which market parameters will be determined and, accordingly, monetary compensation this or a similar post. The lower limit of the salary fork, that is, the minimum official salary, will correspond to the average level market value positions. But if the financial situation of the enterprise does not allow, then the minimum official salary will be the same as the minimum market wage. Then, for each grade, a salary range, the so-called fork, is set. This fork is not determined for each position separately, but for the entire grade. Since the official salary reflects the main value of the workplace, and not the effectiveness of a particular employee, it is possible to “impose” a fork of the same range for each grade. Ranges define the upper and lower levels. The size of the bands depends on the company's perception of how those same bands support career advancement and other organizational values. Therefore, the fork, as a rule, has a constant value. The names of the fork levels will be the categories of professional growth. A schematic definition of the size of the official salary based on the results of calculating points in the grading system is shown in Figure No. 1.3-1 "Ranges of the official salary fork"
Rice. No. 1.3-1 "Ranges of the official salary fork"
Thus, the average market salary as a minimum automatically raises the authority and competitiveness of the enterprise in the labor market. And a 30 percent salary increase range within a single position is a strong motivating factor.
The minimum official salary of the lowest (last) grade should not be lower than state norms and guarantees, that is, not lower than the amount of the minimum wage established by the state. Therefore, before the introduction of the final calculations of the grading system, it is necessary to check this official salary for compliance with its labor legislation of the Russian Federation.
The result of the work is a standard table format with a description of all positions, including the name of the positions, their linear affiliation, subordination, grade number, integral indicators of the value of each position, belonging to the grade level, salary fork.
The end result is a grading schedule that combines all the positions of the enterprise into a single whole, and also builds and fits the resulting hierarchical structure into a single coordinate system. It is visually represented by Figure No. 1.3-2 Grading Schedule.
A prerequisite for plotting a graph is the intersection of pieces of grades. Places of intersection - this is the prospect of professional growth and, accordingly, an increase in salary. Such an intersection proves that a professional worker can get more in his grade than any specialist in a neighboring grade of a higher order. Based on this graph, various analytical conclusions can be drawn.
This diagram explains the hierarchy of positions according to the content of the work. Each position in this structure defines the requirements for each position, and also allows employees to determine:
- - their subordination;
- - measure of responsibility;
- - the need for development (training).
But the most important thing is that immediately upon receiving the data of the final summary table and transferring them to the graph, it will be possible to determine in which places and in which departments there is a discrepancy in wages.
As an illustrative example, virtual points No. 1 and No. 2 are additionally placed. Based on the analysis, it is concluded that these points “fall out” of the general accrual corridor official salaries.
So, for example, point number 1 indicates that the knowledge, powers, and responsibility required by this position are small, and the payment for them is determined to be significant. Accordingly, this position is overestimated on the salary scale and underestimated on the point scale. Considering point No. 2, it can be seen from the graph that everything here is exactly the opposite. We gave this position great powers, but determined the payment disproportionate to the load. Consequently, this position is overvalued on the point scale and undervalued on the salary scale.
In such cases, these inconsistencies must be reviewed and eliminated by recalculation. But if all posts fall into the undeformed corridor, which is called the range of effective salary determination, then the calculations were reliable and objective.
allowance system
For the accounting individual features employees and give some flexibility and manageability of the compensation system, you can use salary supplements. Bonuses are determined as a percentage of the base salary and can be charged for part-time jobs and combination of professions, for knowledge and use of a foreign language in work, for managing other employees, for overall work efficiency, etc. Allowances can be permanent and temporary (for 3-6 months).
Thus, (base salary) + (allowances) make up the base salary. The base salary is the price of the position and some of the permanent characteristics of the worker's production behavior. In addition, the base salary can be the basis for calculating and accruing the variable part of the monetary remuneration, i.e. the remuneration that is paid for the individual or group performance of the employees of the enterprise.
- 1. Grades are awarded for professional quality person. Thanks to such a system, management can clearly understand how difficult tasks can be assigned to one or another employee. The classical grading system, which is used in large companies, is based on the assessment of positions, and the so-called qualification grades, or titles, allow you to evaluate the experience, knowledge, connections and personal qualities of the people themselves.
- 2. The grading system evaluates all types of jobs, which makes it an extremely valuable tool in shaping the pay structure. The criterion for evaluating positions is the level of influence of the position of the position on the company as a whole and the type of impact on the final result.
- 3. The grading system of wages is needed so that the most useless employees do not receive the highest salaries. The grading system is, in fact, the formation of a job rater. The remuneration system must comply with the adopted personnel development strategy, be an effective and motivating remuneration system, promote the development and promotion of employees of the enterprise, and be understandable and transparent for personnel.
Before talking about the amount of payment fixed in the staffing table, you should remember the basic rules labor law enshrined in the Labor Code of the Russian Federation. With regard to the amount of payment, one should recall the requirements imposed by Art. 22 codes. It states that equal pay is required for equal work.
From this follows the conclusions:
The principle of equal pay is one of the fundamental principles of labor law. There is no way to bypass it.
What does the law say?
Of course, the consequences of what equal labor different salaries are set, they cannot even be considered legal. Such a condition, enshrined in the stipulated labor law documents, 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 the results achieved, an employer may be required to:
In addition, it is necessary to pay attention to the prohibition of discrimination in the sphere of labor.
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 person and citizen, depending on his sex, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, beliefs, belonging or non-affiliation to public associations or any social groups, —
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles; on the 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 the same positions, the employer can use the following methods:
- Payment of allowances for special working conditions. If you need to encourage a specific employee, an additional payment for him can be set for any reason. For example, regardless of how much a foreign language is required in a regular job, the employer has the right to set a condition for the monthly payments on proficiency in a 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 work in one position may differ, the employer will need to prove in the event 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 staff list is a reason for administrative punishment.
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The meaning of the VSOTRK system is that the collective ore payment fund, which is a specific fixed percentage of the enterprise's profit, is distributed on the basis of consolidated wage rate, which is determined for each employee. It is obvious that the composite wage rate should reflect stable differences in the qualifications of workers, as well as in the value and significance of their work for a given enterprise. At the same time, it is assumed that differences in the qualifications and significance of the work of employees have already been reflected in the tariff rates and salaries in force at the enterprise. Then initial composite wage rates :
where - respectively, the average salary of the i-th employee and the minimum average salary for the enterprise for the period preceding the transition to the VSOTRK system (six months, a year).
Then, the entire range of initial composite wage rates must be broken down into 8–15 qualification groups. At the same time, it is desirable that employees performing similar duties and bearing equal responsibility enter the same qualification group or neighboring categories (it is advisable to classify unqualified personnel in one group). This implies the main condition for the application of the VSOTRK system at the enterprise - the presence of a significant differentiation in wages (8 or more times), which makes it possible to identify a sufficient number of qualification groups.
Each qualification group has its own range of "fork" ratios in wages. The established intervals of wage coefficients reflect possible individual differences in the labor contribution of an employee within a particular qualification group. The average value of the “fork” is taken as the basic coefficient of the ratios in pay, which is then adjusted taking into account the labor contribution of the employee, as well as the results of the activities of his unit and the enterprise as a whole. To do this, for each profession (specialty), it is necessary to develop indicators of increase and decrease:
where - the actual coefficient of the ratio in the wages of the i-th employee;
- the average value of the "fork" ratios in wages;
– total values of increasing and decreasing indicators.
At a small enterprise, it is allowed to single out criteria that are uniform for all categories of workers, correcting the basic coefficient of pay ratios. At the same time, the increasing indicators should ideally be, as it were, a “mirror” reflection of the decreasing ones.
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Positions |
salary, rub. |
Coefficient pay ratios |
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CEO |
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Chief Engineer |
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Head of Operations |
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Operations Master |
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Head of auxiliary production |
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Auxiliary production mechanic |
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Head of the Marketing Department |
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Marketing manager |
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Chief Accountant |
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Programmer |
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Head of Human Resources |
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Security guard |
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Dispatcher |
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Secretary |
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glass cutter |
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Builder |
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Electrician |
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Driver |
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The range of differentiation in wages is 10.46 times, that is, the differentiation can be considered significant, which allows the use of the VSOTRK system.
We distribute the employees of the enterprise into similar categories:
We break the range of ratios in wages (1.00–10.46) into “forks”. The amplitude of the "fork" of the ratios in wages at this enterprise is the same for the first seven qualification groups and is + 0.45, while for the eighth qualification group, which included senior managers, the amplitude is + 1.55. Therefore, the corrective (increasing and decreasing) coefficients of the first seven categories will differ from the coefficients of the eighth group.
For example, a foreman, whose work experience at the enterprise is 4 years, at the end of the month has the following personal performance results: no claims from the management; obtaining savings on operating costs. At the same time, the company did not fulfill the plan for the volume of product sales.
The master is included in the qualification group with a range of “fork” ratios in wages of 3.73–4.63. The mean fork for this skill group is 4.18. Then the total wage rate for the master will be:
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Pay ratio brackets by groups |
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1. Unqualified personnel |
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2. Workers |
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3. Employees |
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4. Specialists |
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5. Leading experts |
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6. Leaders subdivisions, departments |
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7. Senior leaders |
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Increasing / decreasing the base factor indicators in wages |
significance |
For groups |
For group 8 (top managers) |
|
1. Fulfillment / non-fulfillment by the enterprise of the plan for the volume of sales |
0,18 | 0,62 | |
|
2. High-quality and timely execution official duties, lack of complaints and claims from the management / Violation of labor discipline, poor-quality and untimely performance of official duties |
0,14 | 0,47 | |
|
3. Obtaining savings on current costs / Causing material damage to the enterprise, allowing marriage through one's own fault |
0,10 | 0,38 | |
|
4. Work experience in the specialty at this enterprise 3 years or more / less than 3 years |
0,03 |
n is the number of employees participating in distribution of the payroll.Publications
Oganesyan A.S., Oganesyan I.A. Remuneration of employees of enterprises
Tatulov B.E. Analysis of personnel motivation systems in Russia and abroad Braude A.M. Implementation of a financial structure: using marginal analysis in the development of a wage system
Lityagin A. Optimization of personnel remuneration. Tips for top managers
Danilova E. Tariff systems Related sections and other sites |
- Volgin, N., Val E. VILAR: motivational basis for effective work // Man and labor. - 2000. - No. 4. – P. 75–79.
- Volkova N.V. Personnel policy for securing young specialists at the enterprise (on the example of graduates of economic specialties of higher educational institutions) // Dis. … cand. economy Sciences: 06.08.00. - Biysk, 2005. - 169 p. ( pp. 38–42)
- Volkova N.V. Assessment of personnel competitiveness as an integral part of flexible wage systems // Problems of increasing competitiveness labor resources: materials of the interregional scientific-practical conference. - Biysk: Printing House, 2002. - S. 75–78.
- Mazmanova B.G. Pay management: textbook. allowance. - M. : Finance and statistics, 2001. - 368 p. ( pp. 244–314)
- Milyaeva L.G., Volkova N.V., Makarova O.M. Flexible wage systems: types, principles of construction, application experience // International Scientific and Practical Conference “Science and Practice of Organization of Production and Management” (Organization - 2001): collection of scientific reports / Alt. state tech. un-t im. I.I. Polzunov. - Barnaul: AltGTU Publishing House, 2001. - S. 147–151.
- Milyaeva L., Koinash G. Another variant of the tariff-free wage system // Man and Labor. - 2001. - No. 4. – P. 49–53.
Establishing a “fork” of salaries is a common, but rather controversial from the point of view of the law, way to pay employees in the same position different salaries.
From this article you will learn:
- in what cases the “fork” of salary is not considered discrimination of employees;
- how to reflect the salary range in the staffing table;
- what is the risk of an employer applying such a wage system in 2015.
Set the salary range
Sometimes an employer, for certain reasons, wants to pay one employee more than his colleague occupying a similar position, and for this purpose establishes the so-called “plug” salary: instead of the exact amount, he indicates the upper and lower bar in the staffing table wages in order to be able to decide in the future which of the employees how much to pay.
This approach, as a rule, angers employees, since they interpret it as a violation of one of the key norms of labor law, namely paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation, which obliges the employer to pay equal wages for work of equal value. The position of employees predictably comes down to the statement “equal position - the same salary”, but employers who are not ready to agree with it, in order to avoid disputes and misunderstandings, develop local acts (regulations on wages, etc.), which reflect the ability to set salary ranges .
What is the employer's risk?
According to many employers, two employees occupying the same position do not necessarily produce a product of equal quality: someone may have more practical experience or knowledge, higher qualifications, etc. Accordingly, the value of the work of specialists will differ, and the unequal level income - reflect this difference in a natural way, without violating Article 22 of the Labor Code of the Russian Federation.
Despite the logic of such a decision, it is considered controversial, since Rostrud, considering precedents of this kind, takes the side of workers (letter of Rostrud dated April 27, 2011 No. 1111-6-1). Consequently, a labor inspector who, when checking the "plug" in the staff list, with a high degree of probability, can issue a fine to the employer. In order to challenge the order received, the latter has the right to go to court.
AT recent times arbitrage practice shows that the chances of a successful appeal against the decision of the labor inspector in such cases are very high: with demands to recover from the employer the "underdone" salary usually does not bring the desired result by the employee, but only on condition that the position of the employer is confirmed by the presence of correctly executed documents.
We reflect the "fork" of the salary in the documents
The employer is not obliged to acquaint employees with the original staff list: to confirm the amount of wages, an employment order and a copy are sufficient employment contract. Each employee can receive copies of these documents within three days by submitting an appropriate application (Article 62 of the Labor Code of the Russian Federation), but the employer has the right not to satisfy the requirement to familiarize himself with the staffing table, often put forward by dissatisfied employees in a dispute over wages (the appeal rulings of the Moscow City Court dated April 24, 2013 No. 11-16949, Nizhny Novgorod Regional Court dated April 23, 2013 in case No. 33-3353/2013).