Due to the optimization of the staffing table, my unit of leading engineer was demoted to just an engineer without a category with a salary reduction,

In any company there is a special document regulating the official composition of employees, as a rule, this is a staffing table. Using the staffing table, management determines the organizational structure of the enterprise, establishes the system and wages of workers according to their positions and qualifications, and the number of staff units. In different production situations, there is a need to amend the staffing table . In case of minor adjustments, an order to change it is issued. If the adjustments are significant and the staffing table undergoes numerous amendments, then a new document must be approved.

Preparing for changes to the staffing table

First, management analyzes how effectively the enterprise structure is organized. Various specialists take part in the preparation of changes, analyzing the wage fund, subordination structure, and vacant positions. The head of a structural unit must submit a memo to management with an economic justification for changes affecting his department. After completing the change project, management gives a signal to make adjustments to the specialist who is responsible for the staffing table. As a rule, this is a personnel service employee, secretary or accountant. According to the director’s verbal order, the specialist prepares an order, the director studies its contents, then approves it with his signature and seal.

Orders on staffing are general throughout the enterprise. It is possible to assign them a special index (SI), they are stored in a separate folder in order to limit access to confidential information of employees.

Reasons for making changes to the staffing table

The reasons can be very different. This is especially true if you need:

• rename a position or department;
• introduce or remove a position(s) from the staff;
• change the salary or tariff rate for one or more positions;
• replace the salary with a tariff rate or vice versa;
• reduce staff.

Depending on the situation affecting the nature of the changes, the preamble of the order, which describes the grounds for its preparation, may change. As a rule, the preamble begins with the words: “In connection with”, “For the purpose of”, “In pursuance of” and the like.

Protected Categories

Despite the proven justification for reducing the number of personnel or staff as a whole, the manager does not have the right to dismiss certain categories of employees. They are defined by Article 61 of the Labor Code and are considered socially protected. In practice, it is prohibited to terminate employment contracts with:

• pregnant workers;
• single mothers who have children under 14 years of age;
• single mothers with a disabled child under 18 years of age;
• employees on maternity leave or leave to care for children under 3 years of age.

Those who are on vacation or on sick leave with an official supporting document from a medical institution cannot be laid off. The legislation also determines the circle of persons who have the so-called preferential right, and they, as applicants for dismissal, are considered last. These include highly qualified specialists who have proven their professionalism over many years of work, as well as people who acquired an occupational disease at their workplace.

If an employee does not agree with the requirement to terminate the employment contract at the initiative of the owner, he can challenge the decision and contact the prosecutor's office or the labor inspectorate. If the illegality of the manager’s actions is proven, he will be obliged to reinstate the dismissed person with compensation for forced downtime and with continuous service credited. The boss himself will be required to pay a fine. To avoid conflict situations, it is necessary to strictly comply with the provisions and requirements of the law and formalize the reduction procedure in a legally competent manner.

Responsible for registration of staffing

After a decision is made to change the staffing table, the adjustments are carried out by an employee appointed by management to perform these tasks. Typically, these responsibilities are specified in the employee’s job description or employment contract .

In small companies, the functions of drawing up and editing the staffing table are assigned to the personnel or accounting department. At larger enterprises, this is handled by the economic planning department or the labor and wages department. An individual entrepreneur performs such work himself if he does not have an accountant or HR employee on his staff. How to correctly make changes to the staffing table and approve a new one is described below in several examples.

How to invalidate a document

To carry out this procedure, you can contact the labor inspectorate or the prosecutor's office. Each of these services will conduct an inspection to identify violations. If they are discovered, the employer will be fined and the order will be declared invalid.

In extreme cases, you need to file an application with the court. However, in this situation, the employee may need legal assistance.

To invalidate an order, it must contain various types of violations:

• the employer did not notify employees about the changes made;
• the order contains inaccurate, distorted or contradictory information;
• the document is filled out ignoring the necessary drafting requirements;
• inaccurate wording of changes;
• When making changes, the employer does not offer alternative vacancies to the company's employees.

If there is at least one violation, the inspection or court will declare this document invalid, and all amendments made to it will also be canceled. Thus, when making changes to the staffing table, the employer must issue a corresponding order.

It must be drawn up in compliance with all standards and contain the objective reason for the adjustments made. Also, the employer must notify all employees of the company no later than 2 months before accepting the order.

Approval of a new staffing table

The new staffing table is approved and put into effect by order of management. It looks like this:

Limited Liability Company

"Khimreaktiv"

ORDER

December 30, 2020 No. 145

On approval of the staffing table

I ORDER:

• approve staffing schedule No. ШР-1 dated December 26, 2020;
• put into effect the staffing schedule NoShR-1 dated December 26, 2016 from January 1, 2020;
• HR specialist L.N. Gordeeva prepare the necessary documentation;
• control over the execution of the order is assigned to the chief accountant V.V. Somova.

Change due to salary increase

Since the Legislation does not allow a reduction in employee salaries, with the exception of cases of reduction in staffing rates, changes in salary or tariff rate occur upward. At the same time, it is allowed to introduce adjustments not only for one, but for several employees at once.

The date of approval of the order may not coincide with the date of entry into force. The content of the text of the order is conditionally divided into two parts: stating and administrative. In the first part, they usually justify the purpose for which changes are made, in the second - specific instructions. Below is a sample order for changes to the staffing table:

Limited Liability Company

"Khimreaktiv"

ORDER

March 27, 2020 No. 2-ShR

On amendments to the content of the staffing table No. ШР-1, approved by Order No. 145 of December 30, 2016.

Due to the increase in the volume of work performed

I ORDER:

Make the following changes to the content of the staffing table No. ШР-1

1. From April 1, 2020, establish the official salary for: Head of the laboratory Vladimir Semenovich Kulikov in the amount of 37,000 (thirty-seven thousand) rubles. HR specialist L.N. Gordeeva prepare an additional agreement to the employment contract.
2. Appoint chief accountant V.V. Somova to be responsible for the execution of the order.

General Director A.Yu. Vasilkovsky

Mailing list: accounting, HR specialist

What adjustments can there be?

Adjustments to the state schedule and their order depend on how widespread the changes will be. Basically the changes are as follows:

1. Renaming a position or department.

Due to the amendments made to the Labor Code of the Russian Federation, which require compliance with professional standards and compliance of the names of positions and departments with a specific directory, in some organizations there is a need for various renamings.

According to the law, it is necessary that the names of positions and departments correspond to the unified tariff and qualification directory of jobs and professions.

To rename positions, grounds are required for assigning pensions ahead of schedule. Workers can hope for this when their working period is less than ten years according to the staffing schedule.

In addition, it is necessary to take into account the professional standards of those organizations whose shares belong to the Russian Federation in the amount of fifty-one percent.

2. Increase or decrease in salary.

Typically, the salary amount is fixed in the staff schedule from the very beginning, but as the company progresses, its income can grow, and so can the volume of work. For this reason, salaries may change. In addition, the salary can be changed in accordance with the standards of the Federal Law, which implies an increase in the minimum wage.

According to the law (Article 133 of the Code) , the salary cannot be less than the minimum wage.

Accordingly, if any changes are made, then the salary should also change upward , and this involves adjustments to the staff schedule.



3. Introduction of a new position.

When starting its work, the company has a rather limited range of services due to the fact that there are no regular customers and developments yet. But, after a couple of years of its activity, the organization is able to increase the range of its capabilities and put forward new projects.

All this will affect the fact that there will not be enough specialists, and those who exist cannot cope with the volume of work. For this reason, the staffing table changes and expands the range of positions , as well as departments, with specific salaries and additional payments.

4. Reduction, elimination, elimination of vacant positions.

In all of these cases, the state's schedule is undergoing changes.

At the same time, positions can be either active or vacant.

An organization can change equipment, and then fewer workers will be needed to service it. An organization can also change its activities, which could result in a reduction in administrators and an increase in the staff of accountants.

They may rename or eliminate positions due to a merger with another company or organization. Therefore, no one will keep five accountants in an organization if two of them can do all the work.

Renaming a position

If the name of a position or department is changed, a written justification must be provided. The exception is a vacant position, then adjustments do not need to be justified. You can start drawing up an order with the following preamble: “Due to the need to provide the name of the department (employee position)” or “In accordance with the functional load (position indicated).”

An order for such changes is issued similar to the example described above. The administrative part of the order will be approximately as follows:

• from May 1, 2020, change the title of the position “Engineer” to “Process Engineer”;
• HR specialist L.N. Gordeeva notify engineer Pereverzev I.A. about the change, prepare the relevant personnel documents.

Removing a position

When positions or some staffing units remain vacant for a long time, it is reasonable to exclude the corresponding positions from the staffing table. The preamble of the order can be formulated in a similar way: “in order to optimize the organizational structure”, “due to production needs”, “due to a reduction in the volume of work of the department” and so on. In the administrative part the text with the content described below is written.

From July 1, 2020, exclude the following positions from the staffing table:

• mechanic with a salary of 28,000 (twenty-eight thousand) rubles - 1.5 staff units.

Specifying the salary amount or tariff rate is optional. If the staff has the same positions in different departments, then you must additionally indicate the required department.

Introduction of the position

A method similar to the previous one on how to make changes to the staffing table when introducing a new position or staffing unit is used here. The beginning of a phrase for the preamble can be the text: “in connection with an increase in the volume of work”, “in order to increase the efficiency of the enterprise (individual division)”, “in connection with the opening of a new production facility” and so on. Let's look at what the administrative part might look like.

From April 1, 2020, introduce the following positions into the staffing table:

• Advertising manager with a salary of 32,000 (thirty-two thousand) rubles – 1 pc. unit;
• Warehouse manager with a salary of 30,000 (thirty thousand) rubles – 1 pc. unit.

Regulatory framework when changing the staffing table

Established Basics

The staffing table is drawn up at the end of the year with changes made at the end of the year. But it can be changed every time the company changes the number of employees or their salaries. This document, in addition to the number of employees, reflects the organizational structure of the enterprise, the relationship of structural divisions, the form and amount of remuneration based on tariffs and additional payments.

Maintaining such a document is mandatory for budgetary organizations, although in practice most employers consider it necessary to include it in the list of their mandatory documentation (drawn up according to the unified established form No. T-3). This is very convenient and clear when analyzing the situation at the enterprise, when planning changes in staff and payment levels.

The Labor Code emphasizes that:

• the emergence of labor relations must be based on local acts (Article 15);
• the employee holds a position based on entries in the staffing table (Article 57);
• changes in the staffing table must not contradict the law, nor worsen the employee’s position (Article 8);
• the employee must be notified of all changes in the staffing table relating to his working conditions and payment (Article 22).

Changes in the staffing table are made when the number of employees changes, the size and forms of payment, reorganization, as well as when optimizing production and redistributing responsibilities.

Examples

Example 1. The head of an enterprise needs another deputy who should oversee the financial or commercial part. But the amount of work is not enough to obtain a full salary, so the duties of the deputy are assigned to the head of one of the departments. At the same time, his range of responsibilities expands and his salary increases.

Example 2. An additional cashier unit is added to the staffing table, since the accountant cannot cope with the increased volume of work. According to the principle of internal part-time work, the accountant receives an additional half-time cashier, as a result of which the work is completed in full, and the employee receives payment at one and a half times the rate.

Staff reduction

When staffing is reduced, vacant staff positions of the enterprise are removed. This is a complex, lengthy process with many nuances. In this situation, the state protects the rights of employees, therefore, according to the Labor Code, employers are required to warn their employees about layoffs 2 months in advance.

To display this process, an order to change the staffing table is issued, which is numbered and indexed accordingly. The document indicates the reason for the staff reduction, which is justified: “Due to the difficult financial situation of the organization, as a measure to optimize labor costs.” As part of the orders, the following points are prescribed:

Make the following changes to the content of the staffing table No. ШР-1 dated 01/01/2017:

From June 1, 2020, remove the following positions from the staffing table:

• electrician – 1 pc. unit;
• security guard – 1 pc. unit.

Responsible – chief accountant Somova V.V.

HR specialist L.N. Gordeeva in the manner established by current labor legislation:

• bring to the attention of employees information about the upcoming dismissal due to staff reduction;
• offer vacant positions to persons subject to layoffs;
• bring information about the dismissal of employees to the attention of the employment service authorities.

Appoint a staff reduction commission with the following composition:

• Chairman of the Commission - General Director A.Yu. Vasilkovsky
• members of the commission are HR specialist L.N. Gordeeva, legal consultant S.O. Pilipenko, chief accountant V.V. Somova.

The tasks of the staff reduction commission include ensuring that documentation is completed correctly and serving notices to employees who have been laid off.

Justification for dismissal of employees

Reduction means early termination of employment contracts with one or more employees , which will reduce the wage fund. At the same time, the owner instructs the heads of departments, at their discretion, to identify those whose staff positions can be safely sacrificed without harming the company’s activities.

As for the optimization procedure, it does not always involve a series of layoffs. Personnel can be transferred to other branches and divisions, the organizational structure changes, and production process algorithms are improved. Due to the fact that the management decides to remove one or another vacancy, it is planned to increase the salaries of the remaining staff.

Optimization allows the company to adapt to constantly changing market conditions , achieve set production goals and reach planned production or sales volumes. Reduction may be part of the optimization procedure.

Before saying goodbye to some employees at the enterprise, the manager must make an informed decision and justify why he needs to fire someone, how many people will need to be released from their positions, and how exactly to terminate employment contracts. In rare cases, management explains to subordinates how optimization differs from staff reduction, but in any case, the prospect of being left without a job will not bring joy to an ordinary employee.

The legislation provides for different concepts: optimization in production as staff reduction and workforce reduction. In the first case, it is assumed that a position will be completely closed and removed from the staff list, and in the second case, the number of employees in one specialty or position will be reduced. Related issues are regulated by Article 81 of the Labor Code of the Russian Federation.

Changing the payroll method

There are times when it is necessary to change the method of calculating wages for one or more employees by replacing the salary with a tariff rate or vice versa. The reason may be: the frequent occurrence of overtime, an increase in labor intensity, and the length of the working day. Then, in order to optimize the accounting of time worked and wages, adjustments are made to the staffing table . Such adjustments must be justified and agreed upon with the employee in order to prevent a reduction in his salary. In the administrative section you can write the following:

From April 1, 2020, remove the position from the staffing table:

• laboratory technician with a salary of 20,000 rubles. - 1 PC. unit.

From April 1, 2020, introduce the following position into the staffing table:

• laboratory technician with an hourly rate of 120 rubles. - 1 PC. unit.

HR specialist L.N. Gordeeva notify laboratory technician Gusev S.E. about the change, prepare the relevant personnel documents.”

Amendment to the ShR

Next, we will tell you how to correctly make changes to the ShR.

In the position

A change in position entails the need to amend the employment contract. Consent to the transfer must be signed with the employee in advance.

Important. Article 74 of the Labor Code of the Russian Federation obliges the employer to notify in writing about the planned renaming of positions.

Example: An advertising department specialist received a second higher education and improved his qualifications, accordingly expanding the list of job responsibilities; these changes became the basis for the introduction of a new position and an increase in salary.

Formulation of justification in this case: In connection with the improvement of qualifications and job responsibilities of an advertising department employee.

Possible options for formulating the reasons for changing the position:

1. In order to bring the staffing table in line with the job classification.
2. Due to the reorganization of the labor and wages department.
3. In connection with the expansion of the list of responsibilities, in accordance with the standards (Article 60.2 of the Labor Code of the Russian Federation).
4. Due to a change in the type of activity.
5. Due to the expansion of the service sector.
6. Due to the change in the name of the customer service department to “sales department”.
7. In order to bring the names of positions in the staffing table into compliance with the ETKS (Article 195.3 of the Labor Code of the Russian Federation).
8. In accordance with the requirements of professional standards (Article 195.2 of the Labor Code of the Russian Federation as amended on 02/05/2018).
9. In connection with the renaming of professions on the eve of recertification in accordance with the norms of Article 18 of Federal Law No. 426.
10. In order to motivate employees by renaming the position to one that is more attractive.
11. In order to increase specificity about assigned responsibilities.
12. In connection with the formation of a new department.

Important. To rename a position that is not vacant, written justification is required.

In salary

The desire to increase employee motivation becomes the reason for changing the procedure for determining wages. This procedure can affect either one employee or an entire department.

Example: A delivery driver's shift lasts 8 hours, but the employee works more. It was decided to pay for his work by the hour.

The justification for the reason for making changes to the payment procedure may sound like this: In order to eliminate overtime and make it easier to keep track of working hours and make it easier to calculate wages.

The salary increase may be due to the increased financial capabilities of the enterprise or to a discrepancy between the salary level and the regional average.

Options for formulating justifications for salary increases:

• Based on the monitoring of wages of “sales consultants” in the region and data from the financial results report.
• For the purpose of financial incentives for employees of the equipment maintenance department.
• Due to staff optimization.
• Due to job reductions due to duplication of functional responsibilities.

Reasons for reducing salaries may be:

1. Based on the report of the head of the financial service, due to a decrease in sales volumes and profit margins.
2. As a result of the financial crisis.
3. Due to the reorganization of the company and change of management.
4. Due to the involvement of the cleaning service in performing part of the tasks on an outsourcing basis.

Important. In accordance with the Labor Code of the Russian Federation, an increase or reduction in salaries requires informing employees whose interests are affected by the upcoming changes at least 2 months in advance.

Other amendments

1. If an employee’s remuneration depends on the minimum wage, then the government’s decision to increase the minimum wage will be the reason for reforming the T-3 form.
2. Reduction of a vacant position will not create difficulties with making changes to the SR and issuing an order, since it does not create the need to warn employees about dismissal 2 months in advance. The vacant position is derived from the T-3 form.
3. The introduction of a position will require justification in the form of an increase in the volume of work, an expansion of the sales market, and an increase in production capacity.

Order storage order

Orders to change the staffing table are general for the enterprise and are related to its main activities. They are designated with a special index and are stored in a separate folder for storing personal information about employees. The storage order is important for ease of access at any time for both inspectors and management.

The storage periods for orders are stipulated by current legislation; they are limited by the life of the enterprise, that is, they are stored until the enterprise closes.