The employer may not unilaterally reduce the employee’s salary without the employee’s consent, with the following exceptions:
1. When the remuneration of a certain industry, enterprise or category of employees is changed by laws or Government resolutions.
2. When the provisions of a collective agreement change the remuneration of the whole enterprise or of a certain category of employees. The written consent of an employee is required only if the change in the terms of remuneration reduces the employee’s salary agreed in the employment contract concluded prior to the conclusion of the collective agreement.
3. Where the conditions of remuneration are changed not in the employment contract but in the regulations, the orders of the head of the company, other administrative acts and the employment contract do not contain specific references to these documents.
The employment contract stipulates the following payment terms: the employee is paid a fixed part of the salary of EUR 2,000 and a variable part – up to 30% the amount of the fixed part of the salary (there is no reference to a specific document). In this case, the variable part is calculated and paid according to the procedure approved by the order of the manager. Changing this procedure will not require the employee’s consent to the variable part, as the terms of payment set out in the employment contract will not be changed.
Tips for the employer
The employment contract shall provide only for a fixed part of the salary and shall not discuss the payment of bonuses or bonuses. It is recommended that bonuses and bonuses be provided in local documents (regulations, company manager’s orders, other administrative acts), as in this case the employer may change, pay or not pay bonuses and bonuses at its discretion and does not require the written consent of the employee.
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