IS IT POSSIBLE TO INCREASE THE SALARY WITH A BACK DATE

Is it possible for a worker or employee's salary to be increased retroactively, and if so, what should be done?

Yes, it is possible. The law gives the right to the employer to increase the labor remuneration of the worker or employee unilaterally with a corresponding order. In such cases, it is not necessary to conclude an additional agreement between the worker or employees and the employer. This is because the increase in wages in this way takes effect from the date specified in the employer's order. In this regard, from the same date, the insurance income of the worker or employee, on which insurance contributions are due, also increases.

I remind you that according to the law on labor relations, the worker or the employee is obliged to perform the work for which he agreed and to observe the established labor discipline, and the employer - to provide the worker or the employee with conditions for the performance of the work and to pay him remuneration for the work done.

The employer is obliged, within the established terms, to charge wages to employees for work performed by them, to pay the agreed wages for the work performed and to issue, upon request from the worker or employee, an extract from the wage lists for the paid or unpaid wages and benefits.

The amount of the basic and additional wages of a permanent nature, as well as the periodicity of their payment, are determined already at the conclusion of the employment contract. These are mandatory elements of its content and the amounts for them should be agreed upon and indicated separately from each other.

Labor remuneration is paid in the enterprise where the work is performed. The remuneration is paid in advance or in full every month twice unless otherwise agreed.

The different terms for the payment of labor remuneration can be agreed by the parties in the labor contract or determined in the internal rules for the wage of the enterprise, but in all cases the employer owes the entire amount of the labor remuneration, as a prerequisite for the application of this rule is the worker or that the employee performs his work duties accurately and in good faith.

The remuneration is paid personally to the worker or the employee according to the payroll or against a receipt or at the written request of the worker or the employee - to his relatives. At the written request of the worker or employee, his remuneration is transferred to a deposit in the bank specified by him.

In the case of conscientious performance of labor duties, the worker or employee is guaranteed the payment of labor remuneration in the amount of 60 percent of his gross labor remuneration, but not less than the minimum wage for the country. The difference up to the full amount of the remuneration remains due and is payable additionally together with the statutory interest.

Labor remuneration is paid in money. Additional labor remuneration or a part thereof may be paid in kind if this is provided for in an act of the Council of Ministers, in a collective labor agreement or in the employment contract. This means that it is not possible for the employer to unilaterally change these conditions, including that it is not possible to pay the entire amount of remuneration in kind, thereby avoiding payment of the wage in money.