In accordance with the labor legislation of the Russian Federation, additional payments to wages can be of two types. The first is for combining professions and additional performance of work, and the second is of an incentive nature, specified in the regulatory legal acts of the enterprise. It is possible to cancel surcharges, but at the same time a certain documentary procedure should be followed.
Necessary
- - notification;
- - additional agreement;
- - order;
- - the resolution of the trade union;
- - changes in internal legal documents.
Instructions
Step 1
If the additional payment is made in accordance with an employment contract or an additional agreement, then in order to cancel it, notify the employee in writing two months before the fact of cancellation, receive his signature under notification (Article 151 of the Labor Code of the Russian Federation).
Step 2
Make a side agreement within the copayment cancellation deadline specified in the notice. In the supplementary agreement, indicate all the changed clauses of the employment contract or the agreement drawn up earlier, also indicate in detail the reason for the cancellation of the copayments. As a reason, you can indicate that the copay has been canceled due to the removal of certain duties or additional duties. Also, as a reason for the cancellation of surcharges, one can refer to the difficult economic situation at the enterprise. In this case, you can cancel all types of surcharges for up to 6 months.
Step 3
Issue a cancellation order for existing surcharges and cancellation deadlines. In the order, write the reason for the cancellation and the terms. If the terms of cancellation are not specified in the supplementary agreement and in the order, then the cancellation of surcharges is considered indefinite.
Step 4
If the additional payments are specified in the internal legal acts of the enterprise and are incentive payments for high-quality or successful work, then in order to cancel them, you must gather members of the trade union committee. During the meeting of the trade union, keep a protocol, on the basis of which you will issue a decision on the abolition of incentive surcharges, as well as the reason for the cancellation.
Step 5
Issue an order. Indicate in it the date of cancellation of copayments, the reason and the terms. If the cancellation of surcharges, allowances or incentives is massive, then the reason may be the changed financial capabilities of the enterprise. If the terms of cancellation are not specified in the order, then the cancellation is considered indefinite.
Step 6
Please remember that you can only cancel incentive, incentive, or additional duty copayments. You do not have the right to cancel compensatory surcharges for work at night, on weekends and holidays, in difficult or harmful conditions, as well as when working in the Far North or territories equated to them.
