Can there be the same work with different pay? Is it possible to fork salaries in the staffing table Forks in the staffing table
In today's realities of life, when scientific and technological progress does not stand still, business develops and becomes mobile, it is becoming more and more difficult for us, specialists in personnel administration, to comply with the requirements of Russian legislation. This is especially evident in the preparation of the staffing table.
Fairness in staffing
The staffing table is normative document enterprises that draw up the structure, staffing and the size of the organization, indicating the size wages depending on the position held. For this document, a unified form T-3 is provided. 
Since 2013, unified forms have become optional for employers to maintain. However, Law No. 402-FZ "On Accounting" dated December 6, 2011 does not prohibit their use. However, it is still recommended, if possible, to use the unified forms in the work in order to avoid additional questions from the inspectors. But if you still decide to use your form of staffing, then it should be approved by order for the enterprise (for the main activity).
The document (staffing) in its form is quite simple and at the same time very useful, as it allows you to plan quantitative and financial resources companies. However, when compiling this document, personnel officers face a rather difficult task - to comply with the requirement of Article 22 of the Labor Code of the Russian Federation and provide employees with equal pay for work of equal value. In practice, this means that there should not be different salaries for the same positions.
The legislator has established a fairly fair requirement for all employers, which is difficult to fulfill in practice. Firstly, now many employers use the “agreement” method with a future employee on wages even at the interview stage, depending on his education, experience and qualifications in general, regardless of the staffing table. So, the position of "secretary" can be either a person with experience and knowledge of foreign languages with a high salary, or a university graduate with no work experience and no knowledge of languages with a much lower salary. Wages can also depend on the economic situation in the country and, so to speak, the "average temperature in the hospital" within the industry. In this case, the salary of a new employee may be higher than that of a long-time employee in the company; or, conversely, less. (This can happen, for example, during a crisis, when there are significantly fewer vacancies on the labor market than job seekers). It is not uncommon for an employer, without thinking about the consequences, to increase the salary not for the position, but simply for a specific employee, for example, fearing his transfer to a competitor.
As a result, we see the so-called "fork" of salaries for one position. This is a direct violation of the law, namely Article 22 of the Labor Code Russian Federation. For this violation, a fine may be imposed in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation. In this case, an obligation will be imposed to eliminate the discrepancy. This can be done in several ways, but in any case, you will have to fix it.
Many believe that you can avoid a fine if you sign different job descriptions with each employee by position. You can also try. But this will in no way protect the employer from the risk of litigation with the employee with all the ensuing consequences. Of course, you can try purely theoretically, but in fact the job description should reflect the duties of the position, even based on the title of the document. It turns out that for each position - one job description, reflecting the labor function of the position.
You can try to fix the duties not in the job description, but directly in the contract itself. But this means that it is necessary to conclude an individual, rather than a template, employment contract with each employee. This is labor-intensive and does not provide a 100% guarantee of protection against risks. . According to the legal dictionary, a position is a primary structural unit of the staffing table of a state or non-state organization established in a certain order, which determines the content and scope of powers, the amount of pay and the place in the hierarchical structure of the organization of the person replacing it (Big Legal Dictionary. - M .: Infra. M. A. Ya. Sukharev, V. E. Kurtskikh, A. Ya. Sukharev, 2003). Ultimately, whatever one may say, we still come to the conclusion that, according to all concepts and definitions, employees working in the same position should perform equal duties and receive equal pay. Therefore, this trick is rather doubtful.
How to avoid "forks"?
Every personnel officer thinks about how to avoid this unpleasant “fork” of salaries, registering a new employee in a position similar to the one in which another employee has been working for a long time, but with a different salary, or changing the salary of a working employee. We don't have a lot of options here, but we do have them!
When you want to comply with the requirements of the law and at the same time “get” that very employee for “other” money, the first and most obvious option is to establish a personal allowance. Non-state companies are given more freedom here. This can be both an allowance for the performance of particularly important work, and for highly qualified. There are many options - it all depends on the imagination of the employer (within reason). This is especially true when an employee is hired for the period of absence of the main employee, for example, during parental leave. There are frequent cases when only a more “expensive” employee can be found as a replacement (this is especially true for those companies that do not comply with the requirements of Article 134 of the Labor Code of the Russian Federation on wage indexation). In this case, it is necessary to increase the salary for the position in accordance with the requirements of the Labor Code of the Russian Federation, but many employers avoid this by providing the same salary as the “retired” employee, while setting a personal allowance.
For example, a well-built motivation system based on personal contribution to the work and on the results achieved can provide an increased level of remuneration for an employee with higher qualifications at equal salaries for the position. This is a difficult but doable task.
When we have yet to register an employee, options can be found, but what to do when the company has long had the practice of registering employees for equal positions at different salaries. There are also options here, but not so many.
Position salaries can be equalized by raising the salaries of employees with lower salaries to the highest in this position. This option, of course, is not the most profitable for the employer in terms of financial costs, but it most closely complies with the requirements of the law.
When solving the problem of complying with the requirements of Article 22 of the Labor Code of the Russian Federation in relation to the staffing table, you can also consider the option of renaming posts. Here everything depends on the imagination and knowledge of the industry of the personnel specialist. One can also help qualification guide, which is undoubtedly outdated by now, but is still able to “throw” a couple of ideas to the personnel officer. It remains only not to forget to appropriately arrange the transfers of employees to new positions and make entries in work books.
The most difficult and labor-intensive option is to conduct a certification of employees in order to assign a rank to the position. This option is a whole process of work on the description of positions and categories, based on indicators for the level of education, the amount of special knowledge, work experience in this or a similar position, as well as positions that allow you to acquire the knowledge and skills necessary to perform the work provided for by the current positions. At the same time, for each professional and qualification group of employees, their own special indicators and evaluation criteria should be provided. It is important not to forget that the process and scheme for attesting employees should be prescribed in the company's local regulations. After the certification of employees, it will be possible to revise the remuneration system and equalize salaries for positions within the categories.
* * *
Thus, for non-compliance with labor legislation, Article 5.27 of the Code of Administrative Offenses provides for fines that can be imposed for each specific fact of violation. In case in staffing many discrepancies in salaries in positions will come to light, one can expect a fairly substantial monetary penalty. So is it worth breaking?
Agree that, in principle, in a company where information on wages is transparent and fairly distributed among employees, everyone works easier, better, longer and with pleasure!
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 salary levels in the staffing table in order to be able to continue Decide which employee to pay how much.
This approach, as a rule, angers employees, since it is interpreted by them as a violation of one of the key norms 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 staffing table: 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).
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) |
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1. Fulfillment / non-fulfillment by the enterprise of the plan for the volume of sales |
0,18 | 0,62 | |
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2. High-quality and timely performance of official duties, absence of complaints and claims from the management / Violation of labor discipline, poor-quality and untimely performance of official duties |
0,14 | 0,47 | |
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3. Obtaining savings on current costs / Causing material damage to the enterprise, allowing marriage through one's own fault |
0,10 | 0,38 | |
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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.
How legal and legal is it in principle to reflect the amount of wages in the staffing table in the form of a “fork” of salaries?
In practice, it is very common to set official salary employees not in a specific (fixed) amount, but in the form of determining the interval from the minimum to the maximum official salary. Such a reflection of the size of the salary in the staffing table is called the "fork" of salaries or the "fork" in the staffing table. Despite the fact that this kind of "fork" is not uncommon in our time, few employers think about the question of how legal and whether such a reflection of wages in the staffing table is legal in principle.
Assessment of the cost of labor of employees
Without any doubt, a differentiated approach to remuneration is necessary for the employer, as it makes it possible to stimulate employees to achieve the results desired by the employer, thereby positively affecting the attitude of employees to work and its results. It is for this purpose that employers resort to establishing a “fork” of salaries, according to which they pay employees differently depending on the abilities of an employee.
However, such “differentiation” from the outside looks like that the same employer has different employees. That is, occupying the same position, working in the same profession, performing the same labor duties in an equal amount with the same quality, and other things being equal, they receive different pay for their work.
Recall that under salary or tariff rate understood, according to par. 73) paragraph 1 of Art. 1 of the Labor Code of the Republic of Kazakhstan ( further - TC RK), - fixed the amount of the employee's wages for fulfilling the labor standard ( job duties) a certain complexity (qualification) per unit of time. The labor (official) duties of an employee are determined by his labor function, that is, work in a certain position, profession, specialty. From these provisions it follows that the main criterion determining the amount of the employee's salary, is the complexity of the work performed by him in a particular position, profession or specialty. If employees occupy the same position, it is assumed that the complexity of the work they perform is the same. Therefore, the salary must also be the same. The reason why an employer for the same work under equal conditions pays one employee less than another documented, thanks to the “fork” of salaries, cannot be traced. In addition, in this situation, the employer can easily be accused of bias in assessing the cost of employees' labor, and it may well happen that the accusations are completely unfounded.
And what about the constitutional norm enshrined in paragraph 2 of Art. 24 of the Constitution of the Republic of Kazakhstan, fixing everyone's rightto remuneration for work without any discrimination?
ON A NOTE According to Art. 1 of the Convention of the International Labor Organization No. 111 "On Discrimination in the Field of Employment and Occupation", signed in Geneva on June 25, 1958 and ratified by the Republic of Kazakhstan on July 20, 1999, under employment discrimination means any restriction of labor rights and freedoms or an advantage in labor rights and freedoms obtained depending on sex, race, skin color, nationality, religion, etc., or from other circumstances, in the case when such restriction or advantage is not related to business qualities worker. According to the preamble of this Convention, discrimination is a violation of the rights proclaimed in the Universal Declaration of Human Rights.
The right to equal pay for equal work
One of the principles of labor law, enshrined in Art. 4 of the Labor Code of the Republic of Kazakhstan establishes equality of rights and opportunities for employees, fair remuneration for work not lower than the minimum wage and a ban on discrimination. By virtue of par. 15) paragraph 1 of Art. 22 of the Labor Code of the Republic of Kazakhstan, an employee has the right to equal pay for equal work without any discrimination. Moreover, according to par. 1) art. 145 of the Labor Code of the Republic of Kazakhstan, protection from any form of discrimination in the field of employment is guaranteed to citizens by the state. In order to comply with these standards by employers, the state, represented by the authorized body, is called upon to prevent, and in the event of any form of discrimination in the field of labor, to suppress it.
ATTENTION Based on the definition of salary as a fixed salary, it follows that in the corresponding column of the staffing table should be indicated lump sum, not the range of values "from... to...".
Thus, the establishment of a salary in the staffing table in the range of values \u200b\u200b"from ..." and "to ..." for the same position does not meet the requirements labor law, since the employee has the right to receive, and the employer is obliged to provide employees with equal pay for equal work.
Differentiated approach to remuneration
What is the right thing for an employer to do when establishing features in the remuneration of employees, that is, to differentiate wages? First of all, it is necessary to determine what opportunities, according to the legislation, the employer has for this.
So, according to paragraph 1 of Art. 121 of the Labor Code of the Republic of Kazakhstan, the amount of the monthly salary of an employee is established differentially depending on the qualifications of the employee, the complexity, quantity and quality of the work performed, as well as working conditions. This means that there are legal grounds for the employer to apply differentiation of wages, the main thing is to draw it up correctly and at the same time to distinguish between the amount of wages for employees, based on:
- their qualifications;
- labor complexity;
- the quantity and quality of work performed;
- working conditions.
Examples of ways to make such a distinction should be given.
Method 1. Provide for in the schedule job titles with prefixes: "senior", "junior", "leading", "main" etc. But it should be taken into account that one such addition of a “prefix” in the indication of the position is not enough. At the same time, it is imperative to change the labor function, since it is logical that the duties of the "leading manager" should differ from the duties of the "manager" and it is necessary to reflect such a difference in job descriptions, in employment contracts or other internal acts of the employer. In addition, at the same time, it is imperative to formalize the transfer of employees to these positions with the consent of the employees, since by virtue of Art. 41 of the Labor Code of the Republic of Kazakhstan, a change in the labor function (position) of an employee is a transfer to another job, which is lawful only in case of written consent. If the company has a staffing table with positions for which a “fork” of salaries is provided, such positions should be reduced after the transfer of workers.
Method 2. Establishment within the same position, profession or specialty categories or categories . At the same time, it should also not be forgotten that official duties, requirements for education, work experience for different categories and categories should also differ. The option with the establishment of categories and categories is convenient for newly hired workers. With regard to already working employees, not quite, since in order to assign a category and categories to already working employees, it is necessary to carry out certification and follow the above procedure for transferring employees with the obligatory obtaining of consent to the transfer.
Method 3. Establishment allowances and incentive payments . This sets the same salary, and the rest of the amount, which is higher than the salary, is paid in the form of allowances, compensations, for example, for work experience, for education, for the amount of work, etc. For the legitimacy of this method, it is necessary in the employer's internal act regulating wages to specify the grounds and amounts for paying bonuses and incentive payments.
ON A NOTE It should be remembered that the internal act of the employer regulating remuneration is a document with which all employees of the enterprise must be familiarized under painting.
With any method of differentiation of remuneration with employees with whom employment contracts were previously concluded, it is necessary to sign additional agreements:
- transfer to another job;
- making changes and additions to the terms of the employment contract regulating wages:
- with a reference to the employer's internal act regulating remuneration issues;
- indicating the details of this act;
- indicating the conditions for the payment of allowances and incentive payments.
How to eliminate the "salary fork" in the staffing table?
If it so happens that the staffing table of your enterprise provides for a “salary fork” and it is decided to eliminate it, you should do this in the most acceptable and preferable way, that is, by establishing allowances and incentive payments. To do this, a number of successive steps need to be taken.
Step 1Develop and approve an internal act regulating the issues of remuneration, providing for a system of allowances, incentive payments, the procedure for their payment and amounts. If such an act has already been approved and is in effect, add the missing conditions on the specified payments to it.
Step 2Familiarize all employees with the specified act against signature and changes to it.
Step 3Make changes to staffing by issuing an appropriate act (order) of the head of the enterprise or another person authorized by the head.
Step 4Choose your maximum salary for those employees who were paid the maximum amount by the “fork” position, in order to avoid disputes with employees if it was not possible to convince them that, thanks to the establishment of allowances, their earnings would remain the same. It is better to improve the position of the worker than to worsen it, especially since the consent of the worker must be obtained in order to establish a new salary.
Step 5Sign an additional agreement on changing the terms of the employment contract on remuneration with each employee affected by the corresponding changes.
Summing up, we conclude that a differentiated approach to remuneration is necessary, because it has a positive effect on the attitude of workers to work, more precisely, on the results of their work. And the establishment of a "fork" of salaries in the staffing table violates one of the basic principles of labor legislation - the prohibition of discrimination in the field of work.
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