Wage indexation: myths and reality. Wage indexation: the right or obligation of the employer

According to the new rules, all companies, regardless of their form of ownership, will have to raise the salaries of their employees at least once a year and in an amount no less than the actual inflation rate. "Indexing wages should be the responsibility of all employers, regardless of their sources of funding - from relevant budgets or results entrepreneurial activity, since it is one of the main state guarantees for the remuneration of workers (),” the authors of the idea believe. Recall that even now employers can index the salaries of employees, but this is their right, not an obligation. And few are ready to use it in difficult economic conditions.

It is worth noting that there is a definition of the Constitutional Court of 2010 No. 913-О-О, according to which the employer is obliged to index wages. However, this document is not a source of law, which means that neither courts, nor regulatory authorities, nor companies are obliged to apply it in what is called “in life”.

Not a new duty

Ekaterina Kuznetsova, Head of the Civil Law Department and Claims Department law firm"Intellectual capital" recalls that the obligation to index wages is not new for the employer - it has already been established. Ms. Kuznetsova explains that for employers - state bodies, local governments financed from the relevant budgets, the procedure and amount of indexation are established by regulatory legal acts, while for private organizations they are not regulated and are determined by local regulations.

“The lack of a single method of wage indexation and, as a result, a single control mechanism leads to the fact that commercial organizations (especially small and medium business) prefer not to carry it out,” says the expert.

According to Ms. Kuznetsova, the establishment of a single indexation mechanism is a plus for employees, whose wages will increase along with rising prices. “However, you should not expect that the income of all employees will immediately increase - as long as the practice of “gray” salaries continues, employers can simply reduce the part of the salary “in the envelope” by the amount of indexation. In addition, a mandatory increase may entail certain disadvantages for employees - an increase in the volume of work in order to provide the company with income from which the indexation amount will be paid, the dismissal of employees that can be dispensed with. Indeed, for business, indexation will only entail an increase in costs, while income will remain the same,” the expert notes. According to Ms. Kuznetsova, at present the wage indexation norm is more of a declarative nature. It does not ensure that employees comply with one of the main state guarantees for wages.

“Establishing a single indexation procedure will be an important step towards transforming a guarantee written on paper into a real mechanism. Of course, it will not immediately bring the desired results, but the law will definitely contribute to the gradual achievement of these results, ”the expert concludes.

Marina Skudutis, for the magazine "Calculation"

Invaluable experience in solving urgent problems, answers to difficult questions, specially selected fresh information in the press for accountants and managers.

From the Ruling of the Constitutional Court of June 17, 2010 No. 913-О-О:
"... indexation of wages should be provided to all persons working under an employment contract."

Remember the phrase of the Black Queen from "Through the Looking-Glass": "Well, here, you know, you have to run as fast just to stay in the same place!"? It most accurately illustrates the situation with our salaries in the context of inflation: in order for salaries to remain at the same level and not depreciate, they must be indexed regularly.

However, in many companies, salary indexation is either not carried out at all, or is carried out so rarely that employees do not even remember when it was in last time. The question arises, are employers obliged to index wages and, if so, how often?

Indexation is mandatory, but it does not make it easier for employees

Salary indexation is one of the main state guarantees on wages of employees in Art. 130 of the Labor Code of the Russian Federation.

Two years ago, the Constitutional Court ruled that the employer is obliged to index Definition of the COP dated 06/17/2010 No. 913-O -O. This position is shared by Rostrud.

FROM AUTHENTIC SOURCES

Deputy Head Federal Service for work and employment

“Employer's evasion from wage indexation due to rising consumer prices for goods and services can be regarded as a violation of labor laws, in particular Art. 134 of the Labor Code of the Russian Federation. And for violation of labor legislation, the employer may be subject to administrative liability” .

Indexing- one of the ways to protect the population ... from inflation, which consists in the fact that the state and other entities [for example, employers] ... increase the cash income ... of citizens in accordance with rising prices ... This maintains purchasing power population and the average real income of people.

Modern Economic Dictionary

This is all good, of course. But we do not have a single indexing mechanism. The Labor Code only states that indexation is carried out Art. 134 Labor Code of the Russian Federation:

• in budget organizations- in the manner prescribed by labor legislation and other regulatory legal acts. However, there is still no such order. Therefore, the salary of state employees of various levels is indexed only according to a special go-ahead - an order or the Government of the Russian Federation Order of the Government dated May 31, 2011 No. 957-r, or the executive body of a constituent entity of the Russian Federation see, for example, Decree of the Governor of the Leningrad Region dated September 28, 2011 No. 90-pg or municipality see, for example, Decree of the Administration of the Skovorodinsky District of the Amur Region dated May 18, 2011 No. 490;
• in commercial organizations- in the manner prescribed by the collective agreement, agreements, local regulations. But, firstly, not all companies have such documents. Secondly, even if they exist, they do not always have an indexing order. This can be boasted mainly large companies, in respect of which industry agreements apply, where the obligation to index wages for see, for example, clause 3.8 of the Federal Industry Agreement on the construction and building materials industry of the Russian Federation for 2011-2013. ; Clause 3.2.4 of the Federal Industry Agreement on the Coal Industry of the Russian Federation for 2010-2012.

WARNING THE MANAGER

If the collective agreement or agreement there is an indexing condition wages, but is not fulfilled, the labor inspectorate may fine employer for 3000-5000 rubles. or issue a warning Art. 5.31, part 1 of Art. 23.12 Administrative Code of the Russian Federation. Even a reference to the difficult financial situation of the company will not save you from liability.

It turns out that the order of indexation (including its frequency) is entirely left to the discretion of the employer. And, taking advantage of this, unscrupulous employers may well fix in their local acts that indexation is carried out in the organization ... once every 20 years. And what? Is there an order? There is. And how often to index is a personal matter of the organization. The labor inspectorate will no longer be able to find fault with the employer, and the workers will be left with a nose ...

And it also happens that organizations simply include in employment contracts a phrase like: “If there are financial opportunities, the salary of the Employee maybe be indexed according to the orders (instructions) of the Employer.

That is, it is prescribed right, and not the obligation of the employer to index the salary of employees.

FROM AUTHENTIC SOURCES

YAKOVLEV Robert Andreevich

Chief Researcher of the Institute of Labor and Social Insurance of the Ministry of Labor of Russia

“ Since at present the Labor Code does not stipulate the mechanism of wage indexation, in fact it turns out that the decision to carry out indexation is at the mercy of employers. And most of them don't want to do it.

Voluntarily, our business, especially small and medium-sized ones, will definitely not part with their money. Meanwhile, when in European countries inflation was as high as ours, it was the law that obliged businessmen to increase the salaries of their employees!”

In turn, Rostrud believes that if the indexation procedure is not provided for in the organization's local regulations, then they need to be supplemented with the relevant provisions and Letter of Rostrud dated 19.04.2010 No. 1073-6-1.

At the same time, we managed to find a court decision, which states that if the conditions and procedure for indexing are not stipulated by collective or labor contracts or local acts, then the employer is not obliged to index salaries at all. Cassation ruling of the Perm Regional Court dated August 10, 2011 No. 33-8127. At the same time, the court did not take into account the position of Rostrud, saying that his letter was not a normative act.

The question arises: can a labor inspector, who came to check on a complaint from employees, fine an employer who does not have an indexation procedure, whereby he long time does not index salary? Here is what the Rostrud specialist explained to us.

FROM AUTHENTIC SOURCES

Boss Legal Department Federal Service for Labor and Employment

“I believe that in this situation, the labor inspector has the right to issue an order to the employer obliging him to make appropriate changes (additions) to the local acts of the organization or to employment contracts within a certain period of time.

If the order is not fulfilled by the appointed date, then the head of the organization and the employer organization may be fined for failure to comply with the labor inspector's order under Art. 5.27 of the Code of Administrative Offenses for violation of labor legislation a” .

It is possible that the labor inspectorate may also fine the company and its head under Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation for failure to comply with the order within the prescribed period.

If a decision is made to index

Then the first step is to decide on the procedure for its implementation and fix it in a local regulatory act, for example, in the regulation on remuneration of employees. Let's see what should be written in it.

Which payments are indexed and which are not. For example, you can index salaries but not index flat bonuses. Nobody prevents the employer from setting a threshold amount within which the income of employees will be indexed in full. Here's how to put it:

2.2. The following payments to employees are subject to indexation:
- salary within the amount not exceeding 20,000 rubles;
- tariff rates;
- piecework and hourly rates.

2.3 Indexation is not subject to:
- part of the salary exceeding 20,000 rubles;
- surcharges, allowances, premiums set in a fixed amount;
- earnings retained for laid-off workers for the period of employment.

A Rostrud specialist shared his opinion on what principle to follow when indexing surcharges, allowances and bonuses.

FROM AUTHENTIC SOURCES

“I believe that the above payments, set as a percentage of salary, do not need to be indexed, since after indexation they will be calculated from the already indexed salary. The same payments, set in a fixed amount, should ideally be indexed along with the tariff part of the salary (salary, tariff rate), so that there is no real decrease in the level of wages.

At the same time, employers who are not related to the public sector independently determine which components of wages to index.

Rostrud

indexing frequency. It can be done at least every month. But it is more convenient to do this less often: quarterly, once every six months or annually.

3.1. Employee income indexation is carried out once every six months in accordance with the indexation coefficient.

How to calculate indexation factor. The TC links indexation to rising consumer prices for goods and services and Art. 134 Labor Code of the Russian Federation. But in the absence of a unified procedure for indexing, the employer is free to choose his own benchmark for indexing. The Rostrud specialist agrees with this.

FROM AUTHENTIC SOURCES

“Based on the provisions of Art. 134 Labor Code In the Russian Federation, the employer has the opportunity to provide in the relevant acts for any procedure for indexing wages. Thus, the indexation value can be determined, in particular:

• <или>based on the officially established consumer price index for Russia or the region based on the results of a certain period (for example, a quarter, half a year, a year);
• <или>the amount of inflation recorded in the annual federal law about federal budget or the budget of the respective region see, for example, paragraph 1 of Art. 1 Law of the Kamchatka Territory of November 14, 2011 No. 676; paragraph 1 of Art. 1 Law of the Kabardino-Balkarian Republic of December 30, 2011 No. 129-RZ; paragraph 1 of Art. 1 Law of the Astrakhan region dated 01.12.2011 No. 97/2011-OZ;
• <или>growth of the subsistence level of the able-bodied population (in Russia or in a specific region)” .

Rostrud

Let's go over each of these metrics.

1. Consumer price index officially established both for the country as a whole and for a specific region. It is published monthly, respectively, by Rosstat and its territorial bodies in the constituent entities of the Russian Federation. Thus, in 2011 the consumer price index in Russia amounted to 106.1%.

2. Projected inflation rate in the Russian Federation, provided, for example, by the Law on the federal budget for 2012 - no more than 6% paragraph 1 of Art. 1 of Law No. 371-FZ dated November 30, 2011.

3. Living wage is determined by the Government as a whole for the Russian Federation on a quarterly basis on the basis of the consumer basket and Rosstat data, and for a specific region - in the manner prescribed by the relevant law of the constituent entity of the Russian Federation pp. 1, 2 art. 4 Law of October 24, 1997 No. 134-FZ.

So, for example, rising living wage of the able-bodied population for the 1st quarter of 2012 compared to the 4th quarter of 2011 amounted to:

• in Russia - 1.74% (6827 rubles. Government Decree No. 613 dated June 19, 2012/ 6710 rub. Decree of the Government of March 28, 2012 No. 247 x 100 - 100);
• in Moscow - 1.39% (10,490 rubles. Decree of the Government of Moscow dated 05.06.2012 No. 258-PP/ 10 346 rub. Decree of the Government of Moscow dated March 20, 2012 No. 94-PP x 100 - 100).

Again, all of the above values ​​are optional. In principle, for wage indexation, the employer can choose any other benchmark that takes into account the increase in the cost of living.

Actually indexing order. Here's how you can formulate it, linking indexation, for example, to the consumer price growth index in Russia as a whole:

3.2. The value of the indexation coefficient is calculated on the basis of official data on the growth of the consumer price index in Russia over the previous six months.

3.3. The value of the indexation coefficient is calculated by the chief accountant at the end of the first month of the current half year by multiplying the monthly consumer price growth indices in Russia for the previous half year. The official data of the Federal State Statistics Service on the level of inflation in Russia for the previous half year are used. The resulting coefficient is applied from January 1 and July 1.

When conducting each indexation, it is advisable to issue an order signed by the head, in which you need to indicate the specific value of the indexation coefficient and the date from which it is applied. The order will be the basis for the accounting department to calculate wages for employees in an increased amount. Here is his sample.

LLC “Trading company “Azimuth””

ORDER No. 23
about salary indexation

Moscow city

In order to ensure an increase in the level of the real content of wages in accordance with Articles 130, 134 of the Labor Code of the Russian Federation and the Regulation on the indexation of income of employees of Azimut Trading Company LLC

I ORDER:

2. Senior accountant M.I. Osechkina to calculate wages, taking into account indexation, from July 1, 2012.

To impose control over the execution of this order on the chief accountant N.S. Maslova.

Acquainted with the order:

Indexation = salary increase?

Is salary indexation an increase and a change in a prerequisite employment contract about wages Art. 57 of the Labor Code of the Russian Federation?

Rostrud believes that it is.

FROM AUTHENTIC SOURCES

“Indexation of wages entails a change in its size or the size of its components (salary, allowances, additional payments). The terms of remuneration (including the size of the tariff rate or salary (official salary)) of the employee are among the mandatory terms of the employment contract and must be included in it Art. 57 of the Labor Code of the Russian Federation.

Thus, the change in the amount of wages is reflected in labor contracts with employees and Art. 72 Labor Code of the Russian Federation” .

Rostrud

But so that the employer does not prepare before each indexation great amount documents, it is possible to prescribe in the employment contract with each employee that the employee's salary is a salary, taking into account indexation. And also indicate that the indexation of salaries is carried out in accordance with the Regulations on the remuneration of employees of the organization.

4.3. The employee is paid a salary of 20,000 rubles, which is indexed once every six months in accordance with the Regulations on remuneration of Azimut Trading Company LLC dated 06/01/2005 No. 23-/06-11, with which the Employee was familiarized before signing this labor contracts.

True, there is another point of view, according to which the indexation of wages in connection with inflation is not its increase, because the real content of wages remains unchanged. In addition, the obligation of the employer to index the wages of employees in connection with the growth of consumer prices is directly provided for in the Labor Code of the Russian Federation. However, if we agree with this approach, then the indexation of wages, in particular salaries, cannot be taken into account when calculating average earnings to pay for business trips, vacation pay, etc. clause 16 of the Regulations, approved. Decree of the Government of December 24, 2007 No. 922

With regret, we have to state that at present the obligation to index is declarative. However, in our opinion, periodic salary indexation is beneficial for the employer, if only because it significantly increases the motivation and loyalty of employees. After all, by indexing wages, the employer demonstrates to employees that he cares about them.

Based on Article 134 of the Labor Code Russian Federation In all organizations, without exception, wage indexation should be carried out.

Its relevance is beyond doubt. Although unscrupulous leaders ignore this legislative norm and for several years in a row do not increase people's wages.

Inconsistent indexing

Wage indexation is a duty of companies by law, but there is still no single regulation for its implementation.

The ambiguity of the question gives rise to many disputes leading to conflict situations between the employee and the employer, the employer and the regulatory authorities.

Due to the lack of a unified regulation for its implementation, the indexing mechanism is not clear:

• What exactly to index: the constant component of the salary or the variable part too?
• What should be the frequency of indexing?
• What indicators to take to calculate the indexation coefficient?
• How to legalize such an increase in earnings?

Only one thing is clear, that indexation must be mandatory for all employees of the organization without exception.

Differences between salary increases and salary indexation

Many employers mistakenly believe that if they raise salaries at the enterprise every year, then there is no need to index wages.

The fact is that increasing salaries and indexing earnings are two different things. After all, the salary can be increased to one or all employees. For some, the increase will be made at 10% of the salary, and for someone at 50%. When the salary is increased, an order is issued, a new one is approved staffing, additional agreements to labor contracts are signed. The purpose of the salary increase is to interest a particular employee in further cooperation.

The purpose of wage indexation is to bring the earnings of workers in line with current consumer prices and thereby, at a minimum, fix their quality of life at the same level.

Indexation of wages, in contrast to the increase in salaries, is carried out at a time for all employees by the same coefficient.

Due to the lack of a unified procedure, we recommend that all organizations adopt an internal document regulating the procedure for indexing salaries in order to comply with labor legislation. This will keep companies out of trouble in the event of labor law compliance checks and allow contractors to have a clear understanding of its procedure.

Items that the localhost must contain normative act about indexing:

1. Frequency of salary indexation: monthly, quarterly, every six months, annually. It is undesirable to index once a month or a quarter, as this is a very time-consuming process, especially in enterprises with a large staff. It is important that indexation is carried out at least once a year, for example, annually from January 1.

1. indexing level. Due to the uncertainty of the question, it is permissible to bind this coefficient:

• to the index of consumer qualifications for a specific period in the region where the company is located or in Russia as a whole;
• to the officially recognized federal or regional level of inflation;
• to increase for the able-bodied population the subsistence level of the all-Russian or regional;
• to growth minimum size wages for the whole country or region.

If none of these indicators suit you, then nowhere is there an indication that it is impossible to establish a specific coefficient by which wages will be indexed regularly.

It is important that a document regulating the indexing of earnings be developed and approved and that its requirements be met in an unquestioning manner.

What components of earnings need to be indexed

To carry out mandatory indexation of wages, it is enough to index its constant part - salary, tariff rate, piece rate. In most companies, all other parts of earnings - allowances, bonuses, as a rule, are tied as a percentage to the constant component. Therefore, their increase in a natural way will pull the increase in everything else.

But it must be taken into account that if the enterprise has allowances and bonuses fixed in labor, collective agreements or in the Regulation on wages in a specific figure, then their indexation in this case will not entail indexation of allowances and bonuses. And then the indexation of earnings will be partial. Therefore, it cannot be assumed that due to the increase in consumer prices, workers have not lost wages.

Therefore, in organizations in which bonuses and bonuses are paid in fixed amounts, it is desirable to include them in the local index for full indexation. normative document about the indexation of earnings.

The dependence of the amount of wages on the selected indexation coefficient

When choosing a coefficient on the basis of which the organization will periodically adjust the salaries of employees, it is necessary to first calculate what workers will be able to receive for their work in the end.

Example #1. Options for calculating salary indexation

Let's consider how the employee's earnings in 2016 at Alfa LLC will change compared to 2015 if he fulfills all the planned indicators and does not violate the working regime. For clarity, the results of the calculations are summarized in the table below.

Ivanov in 2015 was set a salary of 30,000 rubles. Every month he receives a bonus of 15% for the implementation of the plan and 5% for the absence of violations of the labor schedule.

Calculate the amount of wages for various wage indexation coefficients (options 1-3). Salary recalculation takes place annually on January 1, his salary is indexed to the level:

• Option 1: Minimum wage set on New Year comparing with the previous year.
• Option 2: on the official inflation rate for the next year
• Option 3: for the indexation coefficient of earnings established in the organization -1.05.

Ivanov's earnings in 2015, taking into account allowances, amounted to 36,000 rubles.

Calculation according to Option No. 1

The minimum wage in the Russian Federation in 2015 amounted to 5965 rubles. For 2016, it is set at 6204 rubles.

Therefore, the coefficient of increase in earnings depending on the growth of the minimum wage will be:

6204 / 5965 = 1,04

Ivanov's earnings in 2016 according to option 1 will increase by 4%:

36000 x 1.04 = 37440 rubles

Calculation according to Option No. 2

For 2016, the authorities set an inflation rate of 6.4%. Earnings will also increase by this percentage:

36000 x 1.064 = 38304 rubles

Calculation according to Option No. 3

In 2016, earnings for the 3rd option will be:

36000 x 1.05 = 37800 rubles

The example clearly shows that the level of wage indexation directly depends on the chosen indexation indicator.

The dependence of the amount of wages on the chosen indexation coefficient and the accepted method of material incentives for employees

Encouragement of employees can be made either as a percentage of salary, tariff rate or piece rate, or be a constant value.

Example #2. Calculation of salary indexation with bonuses and allowances

Consider a situation where Ivanov is not entitled to monthly allowances as a percentage of salary, but is paid a fixed bonus of 6,000 rubles for the same indicators. And we will assume that only salaries are indexed at the enterprise. We will leave all other data unchanged. The result of the event is shown in the table below.

From this example, it is obvious that with a similar method of bonuses and indexation of only salaries, employees seriously lose in earnings.

The choice of indexation coefficient as a way to protect the rights of workers

We have considered only 2 examples. In fact, there are many options. The conclusion suggests itself. The level of indexation depends on the specific parameters prescribed in the Regulation on wages and material incentives, and in the regulatory act on the indexation of earnings.

The team of any enterprise has the opportunity to influence the level of indexation through the remuneration system and the indicator of its indexation.

The employer can direct his duty in the right direction for himself, increasing the interest of employees and reducing staff turnover.

The article talks about in general terms and differences in indexation and salary increases.

Indexation should be understood as an increase in wages due to a general increase in prices for goods and services. Salary increase - an increase in the remuneration of employees at the initiative of the head.

These 2 concepts are not the same. So, let's look at the similarities and differences between indexation and salary increases.

Similarities between indexation and salary increases

Both with indexation and with an increase in wages, the amount of payments increases. Indexing is necessary in order to provide employees of the organization with the ability to make purchases. By and large, indexation is a state guarantee to ensure adequate payments to employees. As for the increase in wages, the same goals are realized here as with indexation. However, indexation cannot be legally called an increase in wages, since it does not affect the purchasing power of employees in any way, but only protects their income from annual inflation.

Differences between indexation and salary increase

The main difference between indexation and wage increases is that indexation is carried out without fail in relation to all employees of the organization. As for the increase in wages, this operation is carried out exclusively at the initiative of the owner of the company and may not apply to all employees, but, for example, only to those who have shown themselves to be initiative members of the enterprise.

Also, the difference between these concepts lies in the factors that may affect a particular salary increase. If the reason for indexation is inflation and an increase in prices for goods and services, then these nuances do not affect the increase in wages.

Another difference is the pay increase ratio. If the statutory inflation rate is used for indexation, then in the event of a salary increase, only the decision of the employer can affect the coefficient.

Indexing

The TC does not contain information on the frequency of indexing. As noted above, main reason wage indexing is inflation.

The procedure for indexation in the company is regulated by the collective agreement and local acts on payments to employees.

It often happens that in local acts there are provisions for indexing, but a specific coefficient has not been established. In this case, the indexation coefficient will correspond to inflation, which is set by the state statistics agency.

Possible reasons indexing:

• increase in the minimum wage
• inflation;
• increase in prices for goods and services;
• increase in the living wage.

Results

Both indexation and wage increases are intended to preserve the purchasing power of employees. However, as noted above, indexation is mandatory, while a salary increase is possible only with the appropriate decision of the head of the company and the availability of funds to increase the salary of employees.

Unfortunately, even in better times far from all domestic companies compensated for the inflationary losses of workers by regularly raising their wages, not to mention periods of economic instability. Not every organization today can boast of a well-built mechanism for indexing the salaries of its employees. For example, only 10% of the respondents surveyed by the GARANT.RU portal say that their salaries are indexed annually, while only 1% of them are at a level higher than actual inflation.

In this regard, the question arises: are employers obliged to index the wages of employees? And if so, under what conditions and to what extent?

What the law says

Russia guarantees not only the right of every employee to timely wages, but also the right to increase its material content, including through indexation due to rising prices for goods and services ( , ). At the same time, in relation to commercial organizations, these provisions of the Labor Code of the Russian Federation are interpreted in practice ambiguously. Thus, many private sector employers believe that although wage indexation is provided for by labor legislation, it is not mandatory for all employers. Consider how justified this point of view.

Opinion of judges of the Constitutional Court of the Russian Federation and regulatory authorities

The Constitutional Court of the Russian Federation has repeatedly pointed out the inadmissibility of the practice in which workers are deprived of guarantees for increasing the level of real wages. And the requirements of the Labor Code of the Russian Federation regarding the indexation of salaries, in the opinion of the Court, are quite definite and do not allow for discrepancies.

About whether, when indexing wages in accordance with Art. 134 TC be increased tariff rates and salaries for all employees of the organization, learn from "Answers of Legal Consulting GUARANTOR. Labor Relations" Internet version of the GARANT system. Get free
access for 3 days!

Thus, judges of the Constitutional Court of the Russian Federation confirm that the established obligation of employers to index wages applies to all employers without exception, including those not related to the public sector.

At the same time, the judges clarified that in commercial organizations the indexation mechanism can be determined not only when concluding a collective agreement, other agreement, or in a local regulatory act, but also in an employment contract (,).

Thus, the Constitutional Court of the Russian Federation made an important conclusion: wage indexation should be provided to all persons working under an employment contract.

Rostrud adheres to a similar point of view about the obligation of all employers without exception to index wages, which, even before the first of these definitions of the Constitutional Court of the Russian Federation was issued, in particular clarified that if there are no provisions on indexation in the local regulations of the employer, then he must or develop a special document, or make the necessary additions to existing ones (). In September 2015, the department not only confirmed this position, but also pointed out the inadmissibility of ignoring this obligation by the employer, regarding it as a violation of labor legislation (response to the appeal published on the information portal of Rostrud "Onlineinspektsiya.RF", September 2015).

The position according to which employers must reflect the provisions on wage indexation in local regulations is reflected in the administrative practice of the territorial state labor inspectorates (hereinafter referred to as GIT) under Rostrud, where employees can apply to protect their labor rights. So, in the absence of an established indexation procedure, GIT inspectors can bring the employer to administrative responsibility for violating the requirements of labor legislation according to (,).

Moreover, on the recommendation of the supervisory authorities, judges often make decisions obliging employers to establish a procedure for indexing wages. At the same time, the courts, as a rule, do not go beyond the scope of the claim and do not apply penalties to violators (, appeal ruling of the Judicial Collegium for Civil Cases of the Murmansk Regional Court dated May 7, 2014 in case No. 33-1287-2014).

It is also important to take into account that applying to the GIT does not suspend the deadlines for going to court - three months from the moment the employee became aware of the violation of his labor rights (). Therefore, in order not to miss the deadlines for going to court in connection with the failure to index according to the rules established by the enterprise, if the employer’s fault is not obvious, for example, in cases of dissatisfaction with the amount of additional charges (and the decision of the GIT cannot therefore be predicted in advance), you should go to court with statement of claim.

At the same time, the courts emphasize that the three-month period for applying to the court does not begin to run from the moment the employment contract is terminated, but from the moment when the employee found out or should have found out about the violation of his right to wage indexation for a specific period. Such a moment, for example, the court may recognize the day of payment of wages or advances, the amounts of which are disputed by the plaintiff, because it was on this day that the employee became aware that his rights had been violated. At the same time, the courts, as a rule, recover in favor of employees a part of the underestimated salary, which should have been paid during the period of limitation, that is, within three months preceding the filing of the claim (, appeal ruling of the Judicial Collegium for Civil Cases of the Smolensk Regional Court dated November 17, 2015 in case No. 33-3978/2015).

Complaining about the employer in the GIT, do not forget about your right to demand that the inspection refrain from transferring information about the applicant to the employer (). At the same time, the complaint filed must be signed by the employee - anonymous appeals are not considered (, approved).

One gate play

Another thing is if the obligation of the employer to index wages is not established by local acts, collective or labor agreements or industry agreements, however, employees demand to pay them part of the salary “lost” due to inflation: courts under such circumstances usually refuse to recalculate salaries, even within the deadlines statute of limitations. There are some of the most common reasons for denial of claims.

The organization does not have salary indexation rules

This position appeared due to the literal reading of the norm. Recall once again that in accordance with this provision, private sector employers index in the manner prescribed by the collective agreement, agreements, local regulations. Courts often conclude that “there are no necessary internal rules - there is no indexation” and are limited only to establishing the fact that the organization does not have a corresponding local regulatory act. At the same time, they emphasize that the decision to carry out indexation is solely within the competence of the employer and the legislation does not provide for the grounds for collecting the "underpaid" part of the salary from him (,).

Indexation is not the only way to ensure wage growth

Some courts indicate that the employer has the right to choose any other way to increase the level of the real content of the salary, equating the increase in official salaries, bonuses, etc. to indexation. That is, to decide whether the employee's rights to compensation for inflationary losses are guaranteed, the increase in wages as such is also taken into account, regardless of its indexation. And if the salary during the period of the employment contract was increased at least once, the courts consider indexation no longer mandatory (,).

Wage indexation is a state guarantee

Therefore, the courts are sure that imposing the obligation to index the employee's wages, in the absence of such an indication in the local regulations of the enterprise and without the employer's financing from the state, is not possible (,). Moreover, the courts in such claims do not oblige employers to establish rules for wage indexation.

Employer is in financial difficulty

The courts refuse to satisfy claims for an increase in wages if the local normative act provides for the achievement of certain economic parameters by the company as a condition for indexation, but they have not been achieved. That is, the fact of determining the procedure for indexing wages does not yet mean the unconditional right of employees to carry it out, the judges come to the conclusion. In such conditions, judges refuse to satisfy claims for salary increases against employers whose financial situation turned out to be unsatisfactory, for example, because of the unprofitability of their activities (, appellate ruling of the Judicial Collegium for Civil Cases of the Kostroma Regional Court of May 26, 2014).

The legislation does not fix the level of wage indexation

This argument is usually given in a situation where wage indexation has taken place - but the employee believes that it is not enough, since a coefficient that does not correspond to the consumer price index was applied to increase it.

The judges, in turn, note that the increase in consumer prices for goods and services is the basis for the indexation of employees' wages, but does not determine the amount of such indexation. Therefore, the employer is free to set coefficients for indexation, including in amounts that do not fully compensate for inflation ( , ).

Court on the side of workers

And yet, the courts occasionally accept the arguments of employees, satisfying claims for the recovery of the underpaid part of the salary, including even if the indexation procedure was not fixed in the organization. For example, in a number of cases, judges recognize that since the employer has the obligation to establish the procedure for indexing wages, then its absence cannot deprive the employee of the right to indexation, and collect unpaid indexation amounts ().

It should also be noted that the courts take the side of employees, extending the indexation requirement not only to salaries, but to wages in general, taking into account all allowances, including incentive payments ().

As can be seen from the above judicial practice, the poorly formulated norm of the Labor Code of the Russian Federation to this day leads to a violation of the labor rights of workers.

The legislator is in no hurry to tighten either the requirements for employers or the responsibility for ignoring the rights of employees enshrined in. And one should hardly expect that the unconditional protection of the material interests of workers, at least in the form of replenishing inflationary losses, will become part of the Russian corporate culture soon. Therefore, it would be wise for future employees to find out whether the employer complies with labor standards before applying for a job. In particular, what are the rules for remuneration in the organization, whether and in what terms, in what amount wage indexation is carried out, etc. The employer, in turn, must know that evading wage indexation threatens with administrative liability and forced payment of indexation amounts for the period disputed by the employee, if the employee wins the case in court.

But in judicial practice, there are also opposite decisions, when the difference between the salary indexed on the basis of consumer price growth and the salary actually paid, indexed by a lower coefficient, is recovered from the employer. In such cases, the courts recognize that an indexation rate lower than the consumer price index does not provide an increase in the real content of wages and does not correspond to the meaning of the guarantees established by law (,).