Does an employer have the right to lower wages? What penalties can an employer apply? Grounds for reducing wages with the consent of the employee.

After purchasing a product that later turned out to be of poor quality, the consumer has every right to appeal to the seller with a claim (Law "On Protection of Consumer Rights").

Together with the letter, all documents confirming the fact of the purchase and sale, as well as a warranty coupon, are sent to the seller.

Within 10 working days from the date of transfer of the item belonging to the non-food group, the trader must exchange the non-conforming product for a new one or return the money.

The buyer's privilege to exchange non-food group products for a similar product in the store where it was purchased is considered by Decree of the Government of the Russian Federation of January 19, 1998 N 55 "On Approval of the Rules for the Sale of Certain Types of Goods", as well as the List of durable products providing for refusal to the client store in the gratuitous provision of a similar product to him for the period of repair of the purchased one.

There is another list of good quality non-food items that are not returned or exchanged for similar products that are different in size, style, color, dimensions or completeness. This provision can be used by both parties to the dispute, i.e. seller and buyer.

In accordance with the all-Russian classification of goods, sunglasses are classified as medical equipment. They, as a result of being included in the section "Medical equipment", as a non-food product of good quality, are not subject to return and exchange for a similar product of a different size, color, style.

How is the return of the product in question, if its quality does not match the declared?

To present their claims, the buyer must first collect a package of documents, which includes:

  • product instruction;
  • warranty card;
  • a receipt certifying payment for the purchase;
  • certificate of payment for the expert examination;
  • a copy of the claim letter certified by the seller's signature;
  • federal legislation;
  • Law "On Protection of Consumer Rights";
  • statement of claim.

After identifying flaws or defects in a product purchased from a trade organization, a person has the legal right to return the substandard product back to the store.

Before handling this requirement, it is advisable to study some of the provisions of the law on your rights as a consumer. It is especially important to know which items are prohibited from being returned. For example, these include: perfumery and cosmetic products, as well as goods for personal use in the form of toothbrushes, mouthpieces and others.

You should check the correct operation of the item so as not to be the culprit in violating its integrity. The law "On the Protection of Consumer Rights" makes it possible to return a quality product that does not fit in style, size within two weeks, starting from the date the purchase was handed over to the client. The date of purchase is not included in this number.

If the damage occurred in the absence of the established warranty, you can return the item within two years. If the merchant refuses to comply with the legal requirements of the buyer, the latter has the right to draw up a letter of claim.

At the top of the form, on the right, the name of the shopping center, its address, as well as the full name, place of residence and contact information of the applicant are written. The content of the claim indicates the full name of the purchased product, the time of purchase and the discovery of defects. Their description should be short and precise.

Then the buyer must express the essence of his claims and requirements. This is usually a request for a replacement product or a refund of the entire purchase price.

Attached to the claim are:

  • product instruction manual;
  • coupon for warranty repairs;
  • cash receipt for payment of the purchase.

The letter is drawn up in two copies. One statement, certified by the signature and seal of the seller, the consumer keeps for himself.

Within 10 days the claim must be satisfied. If necessary, the seller, not agreeing with the arguments of the client, has the right to send the goods for examination. Its duration is limited to 45 days.

In case of disagreement with the conclusions of the examination, the client can send the goods for additional verification and pay for its implementation. After the final decision in favor of the consumer, the seller is obliged to compensate all expenses of the applicant. Otherwise, the buyer must compensate for the losses incurred by the store.

In a situation where the seller does not comply with the requirements of the applicant, the buyer may file a claim with the court.

A reduction in the salary of an employee while his position remains unchanged is possible only if the organizational or technological working conditions have changed, as well as in connection with a change in the working hours (parts 1, 5 of article 74 of the Labor Code of the Russian Federation).

Reduction of wages due to changes in working conditions

An employer can reduce the salary of an employee whose position does not change. However, this is allowed only if the organizational or technological working conditions have changed, due to which the salary cannot be saved. These can be changes in engineering and production technology, improvement of jobs based on their certification, structural reorganization of production. At the same time, the employer must have documentary evidence of such changes (part 1 of article 74, article 306 of the Labor Code of the Russian Federation; clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

The employer must notify the employee in writing no later than two months in advance of the reduction in wages and the reasons for such reduction. The employer - an individual must notify the employee in writing at least 14 calendar days in advance (Article 74, Labor Code of the Russian Federation).

If the employee agrees to a reduction in wages, then the employer enters into an additional agreement with him to the employment contract, which indicates the new salary (Article 72 of the Labor Code of the Russian Federation). The employer also issues an order for such changes.

If the employee refuses to reduce the salary, the employer is obliged in writing to offer him another available job. This may be a vacant position corresponding to the qualifications of the employee, as well as a lower position or a lower-paid job. At the same time, the employer is obliged to offer the employee all the vacancies he has in this area (part 3 of article 74 of the Labor Code of the Russian Federation).

If there are no vacancies or the employee has refused the job offered, the employment contract is terminated on the basis of the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties. In this case, the employer must pay the employee a severance pay in the amount of two weeks of average earnings (part 4 of article 74, paragraph 7 of part 1 of article 77, part 3 of article 178 of the Labor Code of the Russian Federation).

Salary reduction due to change in working hours

The employer also has the right to introduce part-time work (shifts, days, weeks) for up to six months, which may also lead to a reduction in the employee's wages while his position remains unchanged. However, such a regime can be introduced in order to save jobs only if the reasons associated with a change in organizational or technological working conditions can lead to mass layoffs (part 5 of article 74 of the Labor Code of the Russian Federation).

If the employee refuses to continue working part-time, then the employment contract is terminated on the basis of a reduction in the number or staff. At the same time, the employee is provided with appropriate guarantees and compensations (

The economic crisis that has begun in the country is forcing many employers to either reduce their staff or save on wages. Often, in order not to lose specialists, it is the second option that is chosen. But how legal is a unilateral salary reduction? And in what cases can this be done without breaking the law?

The salary of an employee is recorded in the terms of an employment contract, this is regulated by Article 57 of the Labor Code of the Russian Federation.

It may consist of:

  • payment for the direct performance of official duties (salary, allowances, compensation, etc.);
  • incentive payments (i.e. bonuses).

At the same time, salary and allowances must be strictly fixed, and incentive payments may be variable.

Usually (but not necessarily) they are also regulated by internal regulations at the enterprise level.
The manager has the right to reduce the size of the bonus, for this it is enough just to issue the appropriate order and, under signature, familiarize the employees with it.

If the enterprise has a trade union organization, then such changes are preliminarily agreed with it.

The case when management wants to reduce the salary of an employee is more complex.

Decrease in wages at the initiative of the employer

Without the written consent of the employee, the manager does not have the right to change the terms of an already concluded employment contract. But there is one reason, it is set out in Article 74 of the Labor Code of the Russian Federation, when this consent is not needed.

The main reason why you can reduce wages without agreement with the employee is that the organizational or technological order has changed at the enterprise.

Such changes include:

  • reorganization of the enterprise;
  • reduction in wages throughout the enterprise;
  • installation of new equipment, due to which working conditions have changed;
  • reduction in the number of duties performed by the employee, etc.

In each individual case, there may be a specific reason, but it should not go against the law. The main criterion for changes is the impossibility of maintaining the previous labor relations with the employee. In the event of a dispute, the manager is obliged to prove in court that it was really impossible.

Therefore, the employer must legally justify the real need to reduce wages. How to do it right?

Order of change

Simply complying with the conditions prescribed in the Labor Code of the Russian Federation is not enough. It is necessary to carry out a detailed procedure in which it is necessary:


The employee has the full right to refuse the new conditions.

Then the administration is obliged to offer him other vacancies. If they are not currently available, or the employee is not satisfied with them, the employment contract is terminated.

At the same time, the administration is obliged to pay the actual salary at the time of dismissal, compensation for unused vacations and severance pay. The amount of the benefit should correspond to the size of the average two-week earnings.

The procedure is simplified if the boss and the subordinate come to an agreement, and the employee does not mind the reduction in salary.

In this case, in addition to the employment contract, an additional agreement is concluded, which indicates exactly how the remuneration has changed.

Part-time mode

As one of the options for reducing wages, the administration often practices the establishment of a shorter working day or week. By approving such a regime, the manager, accordingly, saves on the salaries of employees.

But, according to Article 74 of the Labor Code of the Russian Federation, this regime can be introduced if two circumstances coincide at the same time:

  • changed organizational or technological working conditions;
  • threatening the need for massive staff reductions.

Without compliance with these conditions, the use of a shortened working day (week) is illegal.

Consequences of illegal wage cuts

If the salary reduction occurred in violation of the provisions of the Labor Code of the Russian Federation, it may be invalidated. Appropriate sanctions have been imposed on the administration of the enterprise.

Labor legislation, in case of violation of its provisions, provides for up to four types of liability, including material and criminal.

In this case, unlike precedents with non-payment or delay of wages, only disciplinary or administrative sanctions can be applied.

The administration will not incur material or, moreover, criminal liability for a decrease in wages.

A whole series of conflicts in the workplace or an unstable economic situation in the country can affect the level of wages. Then it becomes interesting, but does the employer have the right to reduce the salary of one single employee or the whole department at once, based only on their desires? We live in a state of law and all actions, especially when they relate to financial rewards, must be regulated by laws.

Interactions between superiors and employees

By and large, the leader has only two possibilities of real pressure on their employees- deprive of work or part of wages. A legally savvy director can lead a performer who has fallen into disfavor without any problems. But only under the condition of voluntary assistance from this very employee.

It just so happened that without the signatures of the employee, the authorities can do practically nothing. Only total illiteracy in this matter and unwillingness to go into conflict seriously simplify the life of dishonest bosses:

  • The duties of any employee must be spelled out in the employment contract.
  • The concluded contract must comply with the current labor code.
  • Any official interactions between superiors and subordinates should take place on the basis of an existing agreement.
  • Almost every action must be accompanied by appropriate documentation, signed by authorized managers.

Boss cut wages due to conflict

First, it is better to consider the situation when, as a result of a conflict situation, the employer trying to cut wages one specific subordinate:

  1. The level of wages can be reduced by mutual agreement of the parties, in view of any reasons. In this case, a new employment contract is concluded, with modified conditions.
  2. Unilaterally, the employer can reduce wages only in the event of changes in working conditions. But this still needs to be proven and substantiated. Of course, this option is out of the question if the rest of the department receives wages in the same amount.
  3. Failure to pay even a part of the official salary for a long period of time can be regarded as a criminal offense.
  4. In order to cut wages, the boss will be forced to issue a decree or draw up any other document, justifying his actions and indicating the reason. With this paper, you can directly go to court, appealing against the actions of the “tyrant”.

When applying for a job, each person concludes an agreement with the organization, on the basis of which interaction takes place in the “employee-company” scheme. We are not in Ancient Rome, by the will of one "patrician" the established rules no longer change and all unauthorized decisions can be appealed.

When can the level of wages for the entire department be reduced?

If the salary was cut immediately for all employees or representatives of any one department, the situation is a little more complicated. The financial well-being of the state is not a reason to reduce the level of wages, this is just a formal excuse from the leadership. Such a moment is not spelled out in the labor code, such a wording can be “grabbed” during litigation.

The authorities have the right to unilaterally cut wages, but only in case:

  • Changes in working conditions.
  • Office reorganization.
  • Technological changes.
  • Job certifications.

As a rule, all this concerns industrial enterprises, especially those with hazardous production:

  1. If some occupational hazards, for which bonuses were paid, were eliminated, no one will continue to pay them.
  2. If the technological level has decreased, and the requirements for performers have decreased, the subsequent decrease in the level of payment is logical.
  3. If the technological level has increased, which caused a decrease in the workload on staff, wages may also fall.

But all such innovations will not go unnoticed if they really took place - the employer is in his right to do nothing.

How can I legally take a pay cut?

On the one hand, everything must be in accordance with the law, and this very law says that an employer simply on the basis of his desires cannot cut people's salaries. On the other hand, legal law is flexible, you can bend it in your favor quite legally:

  • Transfer to another position, by mutual agreement. If an employee was forced to take another job, complaining about a pay cut is pointless.
  • Changes based on the results of certification. If there are grounds for making a complete or partial inconsistency with the position held, you can easily transfer the performer to another position with a different salary.
  • A similar transfer arranged as a result of downsizing or reorganization of an enterprise.
  • Part-time work is the last and most damning argument. However, the load is also reduced, along with responsibility.

Using these simple tricks, any leader can only on the basis of his own desire and quite legally cut his salary. It's only in this case that it will not be possible to require an employee to perform the same amount of work, as before. So there is some justice in this.

Can they cut wages?

Only based on personal hostility or the difficult economic situation in the country, management has no right to cut wages, that's the law. Wage reductions can occur:

  1. Due to changes in the technological process.
  2. due to improved working conditions.
  3. Due to transfer to a lower position.
  4. When making a full or partial non-compliance with the position held.

Never sign any documents. The authorities must notify you 2 months before the reduction if it is a legal entity, or 2 weeks in advance if the individual is an individual. After that, an appropriate decree should be issued and at least some justification should be made. With the available documents, you can safely go to court, which recognizes illegal actions.

They began to pay less, but did not bother to issue papers? This is more serious, you can safely go to the prosecutor's office and the authorities will have serious problems. For our part, it is important not to sign the proposed documents, they can slip anything. As a result, it may turn out that you yourself voluntarily agreed to receive less, as if not suffering from mercantilism.

Remuneration is a sensitive topic, it is important to know whether the employer has the right to lower wages in order to work calmly and be confident in the near future. Fortunately, the labor code is almost always on the side of the contractor.

Video about the reduction of wages by the employer

In this video, lawyer Victoria Bratchenko will tell you whether employers can lower wages and what an employee should do in this case: