Does the employer have the right to transfer me to piecework in this case?

The company's management believes that employees work with an intensity below average, so they decided to change the wage system: housekeeping workers (electricians, plumbers, carpenters, carpenters, loaders and handymen) should be transferred to piecework wages, and office employees to time-based wages. Most employees will not have fixed salaries. The HR department was tasked with ensuring the transition to a new form of payment and calculating everything. For those who work as before, the salary should decrease by 1/4, for those who improve, the salary should become a little higher. With time-based payment everything is clear. What about piecework? How can HR managers calculate rates for different employees and the different activities they perform?

Answer

Indeed, HR faces a difficult task. It is not possible to apply a single approach to all positions by introducing piecework wages. For example, tie the performance of the main function (unloading machines) to salary simple when it comes to a loader. It is enough to calculate, say, the cost of unloading/loading one car, multiply it by the number of cars unloaded or loaded per month. As a result, we get the amount of wages.

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But there are employees whose specific work is such that it is difficult or impossible to calculate the cost of one operation. In this case enter payment not for each completed operation, but for the entire amount of work. If at the end of the month the entire volume is completed, then the salary is paid in full, if not, then part of it. To avoid acting at random, determine in advance what percentage of the total workload falls on each employee function. In addition, you can determine the deadline for each job. If an employee submits a job early, pay him a bonus.

If none of the above methods is suitable, then I suggest use a decreasing or increasing factor. It depends on what results the employees showed (fulfilled the plan, exceeded it or did not fulfill it), as well as on the profit of the organization. In this case, the coefficient is determined monthly by the company’s management, which takes into account the ratio of the wage fund to the amount allocated to pay salaries. Accordingly, the salary of each employee is calculated based on the salary according to the staffing table, multiplied by a coefficient.

In some professions, earnings in the form of a salary are unprofitable for the employer. The worker receives the same amount regardless of the number of parts made or users connected to the Internet. Then the employer may decide to transfer workers to a piece-rate wage system.

To change the wage system for all or part of the employees, make changes to the PVTR, wage regulations or other similar regulations. Assign the category of workers with piecework wages, indicate the prices.

Conduct outreach

Prepare employees for changes in such a sensitive area as compensation. Don't just give documents to sign. Let management talk about the reasons for the changes and the procedure for transferring to the new system. Give employees the opportunity to discuss their concerns and clarify details of changes with a management representative at any time. This will reduce tension and reduce the risk of complaints to the State Tax Inspectorate and the court.

Enter into an additional agreement with piece rates

Terms of remuneration are a mandatory condition of the employment contract. Therefore, it is impossible to do without an agreement to change it. It specifies piece rates. They can be drawn up as an annex to the employment contract. If there are a lot of prices, make a reference to the local regulatory act in which they are enshrined.

Notify employees 2 months in advance if you have not agreed with them

If employees do not sign the agreement in one day, use Art. 74 Labor Code of the Russian Federation. Documents must confirm organizational or technological changes. Give notice 2 months in advance, and in case of disagreement to work under the new conditions and refusal to transfer, workers can be dismissed with 2 weeks of benefits.

Instructions

Provide a written notification to the employee about upcoming changes in working conditions (at least 2 months in advance about the employee’s transfer to the transaction). Reflect in the notice the objective reasons for changes in working conditions, and what specific changes in working conditions are coming (in your case, the introduction of a new wage system). Please indicate in the notice the date on which the new labor will be introduced.

Indicate in the notice that if the employee does not agree with the upcoming changes, then the employment contract with him may be terminated. The worker must express his consent or disagreement with the upcoming changes in writing. Let him write in the notice: “I agree with the changes in working conditions”, or “I do not agree with the changes in working conditions”, put a number and his signature.

Issue an order to the enterprise to abolish the previous one and introduce a new wage system. In the order, you must reflect in connection with what changes the new remuneration system is being introduced, and approve the developed changes to the Regulations on remuneration regarding piece rates. Make an appendix to the order (an extract from the changes to the Regulations on Remuneration, where piece rates for work performed will be specified). Familiarize the employee being transferred to the transaction with the order and its attachment. The worker must know how and for what he will receive wages.

Prepare an additional agreement to the employee’s employment contract, which will spell out the new remuneration system (if the employee agrees with the transfer to the deal). The additional agreement must be dated from the date on which piecework wages are introduced. After 2 months from the date of notification to the employee, sign the agreement by the employee and give him a second copy of the document. From this date, his work will be paid at approved piece rates.

Compose and send to the employee a written offer of a new job if he refuses to work under the new wage system. Offer the employee available vacant positions at the enterprise, taking into account his qualifications and health status. The employee must express his consent or disagreement to the transfer in writing. If an employee refuses to be transferred to another position, you have the right to dismiss him after 2 months from the date of familiarization with the notice of the introduction of piecework wages under paragraph 7 of Art. 71 (in connection with the employee’s refusal to continue working due to a change in working conditions determined by the parties). Upon dismissal, pay the employee compensation in the amount of two weeks' average earnings.

note

It should be borne in mind that, based on Art. 56 of the Code of Civil Procedure of the Russian Federation, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production , and did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement. In the absence of such evidence, termination of the employment contract under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation or a change in the terms of the employment contract determined by the parties cannot be recognized as legal.

Helpful advice

You can transfer an employee to piecework wages by agreement of the parties. Draw up and sign additional agreements to the employment contract with the employee (changes in working conditions by agreement of the parties). Then there is no need to notify the employee of changes in wages 2 months in advance (changes in working conditions at the initiative of the employer).

Sources:

• Stages of introducing a new wage system at an enterprise

Piecework remuneration is a payment in which wages are calculated in proportion to units of manufactured products or services provided. Such payment is an incentive to increase worker productivity, and also frees employers from control over the use of working time by employees. The basis of payment is the rate (tariff) per unit of manufactured products (services provided). There are several types of piecework wages: piecework, piecework-bonus and indirect piecework.

Instructions

When translating a phrase yourself, try to avoid literal translation, formulate the idea of ​​the statement, but at the same time be as close as possible to the original text. Each translator in his work constantly balances between these extremes: translate exactly according to the text, thereby, as it were, paying more attention to the original language, or adhere to the originality of the language of his own people when translating.

If you need to translate the text of official documents or when understanding the text requires special responsibility, contact a translation agency, even if you have some knowledge of this foreign language, and the text you need to translate is very small in volume. The translation in these cases must be absolutely accurate; in addition, the translator is required to have certain knowledge in the subject area or consult with a specialist in this field.

Video on the topic

Sources:

• "Translator's Handbook", L.G., Shereminskaya, 2008

Work of personnel employee is to correctly and timely complete all necessary documents during the hiring, dismissal of employees, vacations and other things. One of these tasks is the correct documentary support of personnel changes, namely, the transfer of an employee from one position to another.

You will need

• employment contract, employee statement

Instructions

Ask the employee to write for the new position, which should indicate the employee’s old position, his last name, first name and patronymic, the exact name of the new position in accordance with the staffing table and the date of transfer. The application is certified by the signature of the employee himself, as well as his manager and the official who will be his manager in the future (if this is not the same person). The application must bear the date of its preparation.

Based on the employee’s application, it is issued signed by the highest official of the enterprise (unless another official is recognized by the internal documents of the enterprise as responsible for signing such documents). The order must contain the essence of the application, namely indicate which employee, for which position (name in accordance with the staffing table), with which. And also its registration number must be indicated.
After completing and signing the order, the employee to be transferred is familiarized with its contents. What's in

As an employer, I am transferring workers from a tariff to piecework wages. Question: if in the additional agreement regarding payment I indicate that the amount of payment is specified in the local act, will this be illegal? and what fine awaits me when checking the State Tax Inspectorate?

Answer

If we are talking about prices for piecework, then they can be written down in a local act, and in the employment contract a reference to the local act can be made. This is not against the law. GIT will not hold you accountable for this.

How to calculate wages using a piece-rate wage system

If an organization establishes a piece-rate wage system, then this must be recorded in a local regulatory act, for example, in the Regulations on piece-rate wages, a collective or employment agreement. This is stated in Article 135 of the Labor Code of the Russian Federation.

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As a rule, if piece rates in an organization are standard, for example, a percentage of sales or the number of products produced, then they are reflected in the Regulations on piece rates or a collective agreement, and references are made to these documents in the employment contract.

If piece rates are strictly individual, then these rates are indicated directly in the employment contract with the employee or in an appendix to it.

Question from practice: how to include a clause on a piece-rate wage system in an employment contract with an employee

When hiring employees with a piece-rate wage system, specific prices are indicated directly in the employment contract (). However, if the organization’s local documents establish a large number of piecework rates, then in the employee’s employment contract it is enough to indicate the piecework wage system with reference to the local act that establishes piecework rates. For example, the Regulations on remuneration. At the same time, the employee must be familiarized with such a local act against his signature before signing the employment contract ().

The wording of the terms of remuneration in an employment contract may be as follows:

"4. Terms of payment

4.1. A piece-rate wage system is established for the Employee. Under the piece-rate system of remuneration, the employee is paid for the amount of products (work, services) that he produced, based on the piece-rate rates established in the Regulations on remuneration as amended on September 15, 2016, with which the employee is familiarized before signing the employment contract.” "

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In their production and economic activities, some employers have to change working conditions, for example, forms of payment. It is believed that the use of piecework payment can stimulate an increase in labor productivity. This factor pushes enterprise managers to transfer certain groups of employees (teams) to the piecework method of payment and wage calculation.

How to transfer an employee to piecework wages, how to do this without violating the law?

In the event that an employee is subject to time-based wages, but it is necessary to transfer him to piecework, you warn him about the impending change in the terms of the employment contract, no later than two months before they come into force. For this purpose, it is necessary to issue a notice, the content of which should be approximately as follows: “In connection with (indicate the reasons for the transfer), we notify you that from (date of entry into force of the new conditions) the terms and conditions of the employment contract concluded between us will change (indicate number and date) previously determined by the parties. , namely...(list the old and updated edition).”

You then give the notification to the employee, who, after reviewing it, must sign, of course, if he agrees with the proposed changes. When there are several employees, it is possible to draw up a collective letter in which each worker must sign next to his last name.

In the event that a collective agreement or wage regulation does not contain the possibility of applying piecework wages to employees, you must make the required adjustments to it. For this purpose, a corresponding order is issued.

Prepare an order for the introduction of piecework wages at the enterprise. In this administrative document, be sure to indicate the tariff rate or percentage of payment, and list those employees who will be affected by the changes. For cases when an entire unit is transferred, it is not necessary to list everyone by name, it is enough to indicate the name of the unit.

How to transfer an employee to piecework wages so that this act is considered legally valid? After all of the above, draw up an additional agreement to the employment contract, with the obligatory clarification of the method of calculating remuneration, referring to the administrative act. Then print out this document, which has legal force, in two copies, put the signature of the manager and the blue imprint of the organization’s seal, then give one copy to the employee for signature. And do not forget to reflect the changes you have made in the staffing table, which should also be formalized by order.