Financial incentives for work. Award for the conscientious and effective performance of official duties: controversial issues of legal regulation and law enforcement Award for the honest performance of their official duties
In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 No. N 306-FZ "O monetary allowance military personnel and providing them with separate payments "(hereinafter referred to as the Law), the premium is set in the amount of up to three salaries (per year). The rules for paying the premium are determined by the Government Russian Federation.
Rules for payment to military personnel passing military service under the contract, bonuses for conscientious and effective performance of official duties (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to servicemen for the conscientious and effective performance of official duties and annual material assistance."
At present, the practice is quite often applied on the ground, when a serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, non-payment of a bonus or a reduction in its size is made repeatedly only on the fact of the presence of a previously received disciplinary sanction and in the absence penalties received in the month for which the payment is made.
Let's consider this problem in more detail.
According to clause 210 of the invalid Procedure for the provision of monetary allowances to servicemen of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 200 of June 30, 2006, commanders (chiefs) had the right to completely deprive servicemen of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by precisely these long-lost norms, while the current Procedure does not contain similar norms.
The bonus is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.
The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither neglect nor disciplinary action is included in this list. Accordingly, even if there are any, the premium must be paid. The only question is how much. Establishing this amount in accordance with clause 80 of the Procedure is within the competence of the corresponding commander (chief), who issues the order for the payment of the bonus. Nevertheless, taking into account the above, in the case under consideration, it cannot be equal to zero. In addition, size as a concept is a positive quantity.
Unfortunately, neither minimum size bonuses, nor the actual clear legal criteria by which the quality of the performance of official duties is assessed, are currently not defined, which, of course, creates certain preconditions for unreasonably wide discretion of officials when deciding on its payment. To be fair, it should be noted that developing such criteria is not an easy task.
It does not contain the Procedure and any instructions regarding the minimum and maximum amount by which a reduction in the premium is allowed. Therefore, in principle, it will be legal to reduce the premium, for example, by both 5% and 95%.
Note also that reducing the amount of the bonus is a right, not an obligation, of a commander (chief). Receiving a disciplinary sanction to servicemen does not entail either an automatic reduction in the bonus, and even more so, taking into account the above, its deprivation. The collection is taken into account when determining the amount of the premium. How to account is the competence of the official concerned. In the presence of certain conditions (for example, high performance in solving the assigned tasks, high-quality and efficient performance of official duties, etc.), the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the awarded ... And it will be absolutely legal.
However, of greatest interest is the issue of repeated reduction (and in practice more often complete deprivation) of the premium for the same disciplinary sanction.
As already noted, the previous Procedure for providing monetary allowances to servicemen of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 200 dated June 30, 2006, provided for a reduction or withdrawal of bonuses on the basis of quarterly reports of immediate superiors, in which specific the reasons that served as the basis for such a decrease (deprivation). Referring to the disciplinary sanction received in the quarter for which the bonus was made as a reason for reducing (depriving) a serviceman of the bonus, the immediate superiors, when submitting a report on bonuses for another quarter, did not re-cite the same reason as a matter of course. After all, the soldier, as they say, has already received his. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the filing of such reports, and as a result of the wrong, in the author's opinion, interpretation by the relevant commanders (chiefs) of paragraph 80 of the Procedure, a practice has developed according to which all non-withdrawn disciplinary sanctions are taken into account when determining the amount of the award.
This approach seems to be illegal for the following reasons:
First of all, a disciplinary offense from the moment of its detection and suppression, as a rule, cannot influence in the future the quality and efficiency of the performance of official duties by the person who committed it.
Secondly, despite the fact that the deprivation of the premium, strictly speaking, is not a disciplinary measure, its repeated reduction (deprivation) on the sole basis that a soldier has an unreleased disciplinary penalty is in fact nothing more than a repeated punishment (punishment in rubles) for one and the same offense.
Thirdly, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the performance by the servicemen of their official duties in the month for which the bonus is paid (i.e., the bonus, in fact, is paid based on the results of work for the month), then, accordingly, the presence a disciplinary penalty for a misdemeanor committed outside the bonus period does not in itself affect the quality and efficiency of the performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of clause 80 of the Order "taking into account the disciplinary sanctions for the committed disciplinary offenses", according to the author, should be understood only as "taking into account the existing disciplinary sanctions for disciplinary offenses committed in the month for which the premium is paid."
Fourth, according to Art. 2 of the Law, the bonus is an integral part of the monetary allowance of military personnel. Therefore, reducing its size to a soldier who conscientiously fulfilled his official duties in the month for which the bonus is paid, only on the basis that earlier (outside the bonus period) he received a disciplinary penalty, is nothing more than discrimination in pay, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that at present, military personnel and civilian personnel receive the procedure for determining and spending the amount of budgetary funds allocated for additional payments to military personnel under contract and bonuses to civilian personnel of the Armed Forces of the Russian Federation, additional material incentives for the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010 "On additional measures to increase the efficiency of the use of monetary funds for military personnel and remuneration of civilian personnel of the Armed Forces of the Russian Federation."
According to clause 7 of this Procedure, the specific amounts of additional material incentives are determined within the limits of the budgetary funds brought for the specified purposes, based on the results of the performance by military personnel and civilian personnel of official duties during the period for which additional material incentives are provided. At the same time, the issuance of orders for the payment of additional material incentives to servicemen and civilian personnel is carried out on the basis of reports submitted by direct commanders (chiefs, leaders).
It has already been said above that there are no clear normatively established criteria for assessing the quality and efficiency of the performance of official duties used in deciding the issue of bonuses, just as there were no normatively established criteria for assessing the results of their performance taken into account when paying for material stimulation. The discretion of officials when deciding on the amount of additional material incentives was (and, in principle, remains) so wide that it gave rise (and does generate) numerous complaints from both military personnel and civilian personnel, which is well known to readers.
In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010, the following are not submitted for additional material incentives:
- servicemen who receive additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- servicemen who have a disciplinary sanction for committed gross disciplinary offenses during the period for which an additional payment is made, as well as having unsatisfactory results in professional (command) and physical training;
- persons of civilian personnel who have a disciplinary sanction for non-performance or improper performance through their fault assigned to them job responsibilities;
- servicemen and civilian personnel who have committed violations in the financial, economic and economic activitythat caused damage to the Armed Forces of the Russian Federation and reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, managers) who did not make a decision on violations recorded in these activities and measures to compensate for damage in accordance with official authority.
As we can see, the "persons" known to us figure here too: disciplinary sanctions, the results of inspections in professional-official (command) and physical training. True, we are already talking about unsatisfactory results. And they do not affect the amount of material incentives, but are grounds for refusing to pay it. In addition, the results of the last checks are taken into account, regardless of when they were carried out - during the bonus period or outside it.
As for disciplinary sanctions, then, as we see, only gross disciplinary offenses committed by military personnel during the period of bonuses are subject to accounting.
Decree of the Government of the Russian Federation of 05.12.2011 N 993 "On the payment of bonuses to servicemen for conscientious and effective performance of official duties and annual material assistance (together with the Rules for the contract, bonuses for the conscientious and effective performance of official duties, the Rules for payment to military personnel undergoing military service under a contract , annual financial aid) "
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT PAYMENT OF PRIZES TO MILITARY SERVANTS
FOR THE FAIR AND EFFECTIVE PERFORMANCE OF OFFICIALS
OBLIGATIONS AND ANNUAL MATERIAL ASSISTANCE
In accordance with the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them," the Government of the Russian Federation decides:
1. To approve:
Rules for the payment of bonuses for conscientious and effective performance of official duties to military personnel under contract;
Rules for the payment of annual material assistance to military personnel undergoing military service under a contract.
2. Payments stipulated by the rules approved by this Resolution shall be carried out within the budgetary allocations provided for the monetary allowances of servicemen as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies.
3. This Resolution shall enter into force on January 1, 2012, and in relation to persons specified in part 2 of Article 7 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them" - from January 1, 2013.
Prime Minister
Russian Federation
Approved
Government Decree
Russian Federation
PAYMENTS TO MILITARY SERVICE SERVICES
CONTRACTED, PRIZES FOR FAIR AND EFFECTIVE
PERFORMANCE OF OFFICIAL DUTIES
1. The bonus for conscientious and effective performance of official duties (hereinafter referred to as the bonus) is paid to servicemen doing military service under the contract (hereinafter referred to as military personnel), in the amount of up to 3 salaries of the monthly salary of a serviceman (hereinafter referred to as the salary) per year.
2. The premium is paid monthly or quarterly. The payment of the bonus is made simultaneously with the payment of the monetary allowance in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).
3. The bonus is calculated on the basis of the monthly salary of a soldier in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of his temporary fulfillment of duties for a vacant military position - a monthly salary in accordance with this military position), established at 1- e day of the month in which the premium is paid, and in December - on December 1 of the current year.
4. The size of the bonus, depending on the quality and effectiveness of the performance by servicemen of official duties and the procedure for its payment, are established by the Minister of Defense of the Russian Federation, the heads of federal bodies executive powerin which military service is provided for by federal law, respectively, in relation to servicemen of the Armed Forces of the Russian Federation, other troops, military formations and bodies, The Attorney General Of the Russian Federation - in relation to the military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to the military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.
5. Servicemen who have served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for an incomplete month (quarter), the bonus is paid for the time of actual fulfillment of duties in a military position based on salaries on the day of the decision to pay the bonus.
6. The bonus is not paid to military personnel:
serving in military units (organizations), where, in accordance with federal laws and other regulatory legal acts The Russian Federation has established a bonus system for them for the fulfillment and overfulfillment of production targets and other indicators;
sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;
during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary fulfillment of duties by them for vacant military posts;
those who are dismissed from military service on the grounds specified in clauses 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them."
7. In the event of the death of a serviceman, the bonus accrued during the actual performance of his duties in a military position in the corresponding month (quarter) is paid to his wife (spouse), in case of her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and persons dependent on the serviceman, in equal shares, or to parents in equal shares, if the soldier was not married and had no children.
Approved
Government Decree
Russian Federation
PAYMENTS TO MILITARY SERVICE SERVICES
ON CONTRACT, ANNUAL MATERIAL ASSISTANCE
1. Annual material assistance is paid to servicemen doing military service under a contract (hereinafter referred to as servicemen) in the amount of at least one month's salary of the serviceman's salary.
2. The procedure for applying for material assistance, as well as its amount for the corresponding year, based on the budgetary allocations provided for the monetary allowances of servicemen as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies, are established by the Minister of Defense of the Russian Federation , by the heads of the federal executive bodies, in which the federal law provides for military service, respectively in relation to the military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Prosecutor General of the Russian Federation in relation to the military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to servicemen of the military investigative bodies of the Investigative Committee of the Russian Federation.
3. Servicemen who have the right to receive material assistance, but who have not applied for it in the current year, are paid material assistance simultaneously with the payment of their monetary allowance for December of the current year.
4. Material assistance is calculated on the basis of the monthly salary of a soldier in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of his temporary fulfillment of duties for a vacant military position - the monthly salary in accordance with this military position) established on the date making a decision on the payment of material assistance, and when paying material assistance in December - on December 1 of the current year.
5. Servicemen transferred for further military service from one federal executive body in which military service is provided for by federal law, to another (the Armed Forces of the Russian Federation) or from the Armed Forces of the Russian Federation to a federal executive body in which federal law provides for military service, material assistance is paid once a year in full upon departure from the federal executive body in which military service (of the Armed Forces of the Russian Federation) is provided for by federal law, if it has not been paid earlier.
6. Material assistance is not paid to servicemen:
those who are dismissed from military service on the grounds specified in clauses 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them." If the abovementioned servicemen have been paid material assistance earlier, upon their dismissal from military service, the amount paid is not subject to withholding;
during the period of being at the disposal of commanders (chiefs);
dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending in next year, - for the year in which the vacation ends.
7. In the event of the death of a serviceman, material assistance for the current year (if it was not paid to the serviceman before his death) is paid to the spouse, in case of her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled since childhood - regardless of age) and persons dependent on the serviceman, in equal shares, or to parents in equal shares, if the soldier was not married and had no children.
A bonus is a cash payment to an employee in excess of wages for achieving certain results in work.
The bonus system for employees of the organization can be established in collective or in employment contracts, agreements, local regulations of the organization.
The use of bonus systems is aimed at creating a material interest among employees in achieving those indicators that are not provided for by the basic wages at tariff rates and official salaries.
It should be noted that the bonus system is a powerful incentive for employees and always has a beneficial effect on productivity and labor efficiency. Therefore, employers, having developed a bonus system in the organization, will ensure the attraction and retention of highly qualified personnel. In addition, the desire of each employee to achieve the best results will be developed and, as a result, the goals facing the organization as a whole will be achieved.
Bonus issues are individual for each specific organization, that is, they are developed and established by the organization independently. When designing employee reward systems, organizations should consider the following guidelines for awarding bonuses:
· The appointment of a bonus must be made taking into account the personal contribution of each employee;
· Established bonuses should not be perceived by employees as part of wages;
· The amount of premiums must be economically justified;
· When developing bonus systems, it is necessary to determine the conditions and establish indicators, upon which the bonus payment will be made.
The bonuses can be divided into two groups: bonuses included in the remuneration system and not included in it.
1. Awards included in the remuneration system stipulated by the statute on bonuses, labor or collective agreement or other local regulations organizations. Such a bonus is paid subject to the achievement of results predetermined by the bonus indicator, therefore their achievement gives employees the right to receive a bonus. Accordingly, if this indicator is not achieved, the right to a premium does not arise.
Bonus indicators can be quantitative (fulfillment and overfulfilment of production targets for product output; fulfillment of technically justified production standards; mastering progressive production rates, and so on) or qualitative (reducing labor costs; saving raw materials, materials, fuel; increasing the share of products of the highest quality category; impeccable customer service).
Along with the indicators, the conditions for bonuses can also be established, that is, additional requirements, if not met, the employee's bonus is not charged or its size is reduced.
If the employer intends to pay employees several types of bonuses, then in the Regulations on bonuses to employees, it is necessary to indicate all their types and indicators of bonuses for each of them.
2) bonuses outside the pay system, are one-time in nature and therefore are paid not for the fulfillment of predetermined indicators and conditions, but on the basis of a general assessment of the work of a given employee. In addition, their payment is often not associated with specific achievements in labor and is carried out at the unilateral discretion of the employer. Incentive bonuses are a right, not an obligation of the employer, therefore its conditions are determined by him independently and do not require a predetermined basis.
Note. Bonuses that are not included in the remuneration system are not taken into account when calculating the average earnings of an employee and are not subject to protection in labor dispute resolution commissions, however, they can be entered into work book as an incentive measure.
In addition to the above division of premiums into two groups, they can be classified as follows:
1. Bonuses, which are paid at regular intervals:
· Monthly premium;
· Quarterly bonus;
· Bonus based on the results of work for the year (annual bonus).
2. One-time bonuses associated with production process:
· Bonus for increasing labor productivity;
· Award for achievements in work;
· A bonus for completing a particularly important and urgent task;
· An award for many years of conscientious work.
3. Bonuses not related to the production process, the payment of which occurs upon the occurrence of certain events:
· Bonus for the anniversary date of the employee;
· Premium for a professional holiday;
· Prize for the anniversary of the organization;
· Premium to holiday;
· Bonus in connection with the retirement of an employee.
This list of types of awards is not exhaustive. Each specific organization can choose other criteria for material incentives for their employees.
Let's consider some types of premiums from the list given by us.
Monthly premium.
Monthly bonuses are paid to employees in order to enhance their material interest in the timely and conscientious performance of their duties. Such a bonus is paid to each specific employee based on the results of his work for a month.
The main indicators for the payment of the monthly bonus are: successful and conscientious execution an employee of their job responsibilities; initiative, creativity and application of modern forms and methods of labor organization in work.
The bonus for the timely and high-quality performance of official duties based on the results of work for the month is paid simultaneously with the wages for the hours worked and is included in the average earnings for paying annual vacations and in other cases stipulated by the legislation of the Russian Federation.
Bonuses are paid to employees based on the results of their work for the quarter. This bonus is paid once a quarter, subject to compliance by each employee high Quality, the volume and timing of the production assignment, works and services during the quarter. The quarterly bonus is paid to employees, as a rule, in the last month of the 1st, 2nd and 3rd quarters of the year. The calculation period for calculating this premium is quarterly. Bonuses are calculated on the basis of the official salary, the monthly increment to the official salary and are not limited to the maximum size.
The specific amounts of bonuses to employees are determined taking into account the actual hours worked in the quarter, within the wages fund for the corresponding financial year.
Annual performance award.
The bonus based on the results of work for the year is paid to employees based on the results of work in the past year, taking into account the achieved performance indicators (increased labor productivity, improved product quality) and compliance labor discipline... This bonus is paid once a year, subject to the fulfillment of the production task, for the observance by each employee of high quality, volume and timing of work and services during the year. The calculation period for calculating this premium is set at 1 year (from January 1 to December 31 of the corresponding year).
Bonuses for the settlement period are paid in proportion to the actual hours worked.
Example 1.
At the end of the year, the employee should have been paid a bonus of 10,000 rubles. During the calculation period, out of 250 working days, the employee actually worked for 230 days. In this regard, this employee will receive a bonus equal to:
10,000 / 250 x 230 \u003d 9,200 rubles.
End of the example.
The employer, in addition to bonuses based on the results of the organization's activities for a month (quarter, year), can pay employees bonuses for anniversaries, holidays, bonuses for participation in competitions, sports competitions and other similar events. Such bonuses are not associated with a specific result of labor, therefore they are considered to be non-productive.
Anniversary bonuses to employees.
Bonuses to employees in connection with their personal anniversaries are not associated with the performance of their labor duties and with the production process. An anniversary bonus is paid to employees who had an anniversary in the corresponding month (20, 30, 40, 50, 55 years old and then every 5 years). The amount of bonuses for anniversaries is established by order of the head of the organization as a percentage of the official salary of the corresponding employee or in a fixed amount.
Unlike work-related bonuses, which are paid at the end of the month along with wages, anniversary bonuses are paid directly to the employee's birthday.
Bonuses for anniversaries, holidays, special events, and other similar bonuses, as a rule, are not provided for by bonus systems and are considered one-time, therefore they are not taken into account when calculating the average salary.
On the basis of Article 135 of the Labor Code of the Russian Federation, bonus systems are included in the wage systems operating for each specific employer. Bonus systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law... Local regulations establishing wage systems are adopted by the employer taking into account the opinion of the representative body of employees.
Note!
In the previous edition of the Labor Code of the Russian Federation, the right of all employers to establish various bonus systems was enshrined in Article 144 of the Labor Code of the Russian Federation. IN new edition The Labor Code of the Russian Federation, this article provides for the procedure for establishing wage systems, including bonus systems only for employees of state and municipal institutions.
In accordance with Article 144 of the Labor Code of the Russian Federation, remuneration systems, including bonus systems for employees of state and municipal institutions, are established:
in federal government agencies - collective agreements, agreements, local regulatory acts in accordance with federal laws and other regulatory legal acts of the Russian Federation;
in state institutions of constituent entities of the Russian Federation - by collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation;
in municipal institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local authorities.
Budgetary organizations determine the types and amounts of bonuses based on the rates and salaries provided for by the Unified Tariff Schedule, within the allocated budget allocations. Clause 5 of the Decree of the Government of the Russian Federation of October 14, 1992 No. 785 "On differentiation in the levels of wages of workers budgetary sphere based on the Unified Tariff Schedule ".
All other employers independently establish various bonus systems at their own expense.
One of the main elements of the bonus system is the bonus indicator, that is, the result of production activities, the achievement of which is necessary for the employee to have the right to receive a bonus.
It is advisable to form the system of factors that serve as grounds for awarding bonuses to employees in different ways for different categories of employees - taking into account the nature of the work performed, the procedure for recording and standardizing the results of work of various categories of employees.
For improving the quality of products - in terms of such indicators as an increase in the share of products of the highest quality category, of the highest grade, an increase in the delivery of products from the first presentation, a decrease in rejects, a reduction in cases of return of low-quality products, the absence of claims to products from consumers;
For the growth of labor productivity and production volumes - fulfillment (overfulfillment) of the planned target, growth of production volumes, fulfillment (overfulfillment) of production standards, fulfillment of the production plan by the established date with a smaller number of workers, reduction of the labor intensity of products;
For mastering new equipment - increasing the shift ratio, reducing the time for mastering advanced technologies, increasing the equipment utilization rate, reducing the cost of its operation;
For reducing material costs - saving raw materials, materials, fuel and energy resources, tools, spare parts, reducing losses, waste.
Bonuses for specialists and employees are made for the actual improvement of the results of the organization's work: an increase in profits, production volumes. Bonus indicators must be closely linked to the final results of the work of a department, department, service, shop or other structure.
The indicators of bonuses for employees engaged in the maintenance of machinery and equipment include a decrease in downtime, an increase in the degree of mastering of technical parameters, and an improvement in their utilization rate.
Bonuses for executives are linked to the achievement of the final results of labor, an increase in labor productivity, the production of high-quality products, a decrease in its labor intensity and other performance indicators.
Bonus indicators are determined taking into account the specifics of the organization's activities and the tasks assigned to employees, and it is necessary to set the indicators and conditions for bonuses in such a way that the improvement of some indicators does not cause the deterioration of others.
As already mentioned, bonuses can be spelled out both directly in the employment contract, and in the collective agreement or in the local regulatory act of the organization, which it may be. IN small organization it is better to register possible types of bonuses in an employment contract. In a large organization, a complex bonus system can be established, therefore, in order not to prescribe it in every employment contract with an employee, it is more expedient to do this in the provision on bonuses or in a collective agreement (if any). In this case, it is necessary to make a reference to these documents in the employment contract, and familiarize the employee with them (with the obligatory signature of the employee).
The bonus system established in the organization by the collective agreement should provide for the payment of bonuses to a certain circle of persons on the basis of predetermined specific indicators and conditions of bonuses.
When establishing a bonus system in an organization by a collective agreement, all employees of the organization must be familiarized with the agreement against receipt.
For more details on the procedure for concluding, the content of the collective agreement, you can find in the book "Personnel 2005" by the authors of CJSC " BKR-INTERCOM-AUDIT ".
The approaches to determining the amount of premiums can vary.
Budgetary organizations determine the amount of bonuses within the allocated budget allocations. The amount of bonuses for all other organizations is limited only by the relevant internal documents (regulations on bonuses, collective agreement).
The amount of the bonus can be set in a fixed amount or in the form of a certain percentage of the employee's official salary.
The most convenient is to determine the percentage of the premium or its minimum and maximum limits. Since, in this case, it is not required to make permanent changes to the Bonus Regulations related to indexing the amount of the bonus. In addition, the percentage determination of the size of the bonus makes it possible to differentiate the incentives for employees depending on their position and the size of the official salary.
As a rule, when the intended results are achieved, bonuses for specialists and employees are charged as a percentage of the official salary or in an absolute amount, and for workers - as a percentage of the wage rate (piecework earnings) or in a specific amount.
You can also enter additional criteria for determining the amount of the premium. In particular, the amount of the bonus can be increased depending on the length of service in the organization.
If the employee has worked for an incomplete month (quarter) or terminated labor relations with the employer for valid reasons, in these cases, the payment of the bonus is usually made for the actual hours worked in the accounting period.
The amount of remuneration paid based on the results of work for the year may depend on the length of service of continuous work in the organization. Also, the amount of remuneration based on the results of work for the year can be set in the amount of the tariff rate (salary) or several tariff rates (salaries) for a fully worked calendar year. If employees (for valid reasons) have not worked the entire calendar year, remuneration is paid in proportion to the hours worked.
Example 2.
In accordance with the adopted regulation on bonuses of Mars OJSC, employees are paid remuneration in the amount of two monthly salaries based on the results of their work for the year.
Salary of the employee of OJSC "Mars" Krasnova AB is 9,500 rubles. In 2006 Krasnov worked for 11 months, and for 1 month was on leave without pay.
(9 500 x 2) / 12 x 11 \u003d 17 416, 67 rubles.
End of the example.
The remuneration based on the results of work for the year, depending on the length of the continuous work experience in this organization, is paid as a percentage of the employee's earnings for the year or in days of earnings.
Example 3.
In accordance with the adopted regulation on bonuses to Mars OJSC, employees are paid based on the results of their work for the year, depending on the length of service at the OJSC: up to 3 years - in the amount of 10% of annual earnings, from 3 to 5 years - 15%, from 5 to 7 years - 20% and so on.
Krasnov A.B. worked at Mars for 6 years. In 2006 he was paid a salary in the amount of 40,000 rubles.
The remuneration based on the results of work for 2006 will be:
40,000 x 20% / 100% \u003d 8,000 rubles.
End of the example.
If the bonus is established by an employment contract in accordance with the current employer's wage system, then in the event of a decrease in the amount of the bonus in the absence of production omissions, the appropriate amendments must be made to the employment contract.
According to article 72 of the Labor Code of the Russian Federation, any conditions of an employment contract can be changed only by agreement of the parties to the employment contract. An agreement on changing the terms of the employment contract determined by the parties is concluded in writing and is integral part labor contract. According to article 72 of the Labor Code of the Russian Federation, any conditions of an employment contract can be changed only by agreement of the parties to the employment contract. An agreement to amend the terms of an employment contract determined by the parties is concluded in writing and is an integral part of the employment contract.
In case of production omissions in work, for the billing period in which the specified omission took place, individual employees or the entire team may be deprived of the bonus in whole or in part. The list of specific production omissions and the procedure for deprivation are established by the employer, taking into account the opinion of the representative body of employees.
The presence of such a local normative act as the Regulation on bonuses is not mandatory in the organization. However, it is being developed and adopted by many companies.
Firstly, it is convenient, because not every organization has collective agreements and agreements. And it makes sense to overload the employment contract with a section that regulates bonus issues only if the organization does not unified system incentives for employees and individual types of bonuses are established for each of them. In all other cases, it is more expedient to develop a single document regulating the system of bonuses for employees of the organization, and to make a reference to this local normative act in the employment contract.
Secondly, the presence in the organization of the Regulations on Bonuses for Employees, which specifies indicators, terms and amounts of bonuses, has a stimulating effect on employees, since they know in advance that if their work meets the indicators specified in this document, they will have the right count on additional rewards.
Thirdly, the Regulation on bonus payments to employees allows documentary confirmation of the organization's expenses for the implementation of incentive payments to employees and, accordingly, reduce the taxable base for income tax.
By general rule the Regulations on Bonuses shall define:
· Indicators and conditions of bonuses (that is, for what the employee is entitled to a bonus);
· The size of bonus payments;
· A list of employees to whom this provision applies (for example, to all employees or only to full-time employees; in addition, the list of positions depends on the bonus rate);
· Frequency of bonuses;
· Terms and sources of payments.
In addition, the Regulations on Bonuses should reflect the procedure for issuing bonuses, indicate persons entitled to make a decision on issuing bonuses, and also include provisions regulating issues of bonuses in this local regulatory act.
In the presence of all the points specified in the Regulation, the employees have the right to receive the bonus, and the employer is obliged to pay it.
As an example, we can cite the standard form of the Regulation on bonus payments to employees of a Limited Liability Company.
"APPROVED"
CEO
LTD __________________
"___" __________2005
Regulations on bonuses for employees of a limited liability company .
1. GENERAL PROVISIONS
This Regulation determines the procedure for making payments to the employees of the Limited Liability Company in amounts in excess of their official salary (basic salary) in order to reward for the achieved labor success and stimulate further increase in labor efficiency (bonuses, bonuses).
1.1. The amount of bonuses for all categories of employees is set by the General Director of the Company (based on the results of work for half a year, a year).
1.2. The amount of bonuses set by the General Director of the Company is indicated in US dollars, but bonuses are paid in rubles at the exchange rate of the Central Bank of the Russian Federation on the day the bonus is accrued.
1.3. The General Director of the Company and the HR Manager monitor the correctness of the calculation of bonuses in accordance with these Regulations.
2. PROCEDURE FOR ACCRUAL AND PAYMENT OF PRIZES
2.1. The organization has established individual bonuses for employees for achieving high performance in work. For achieving the same labor indicators, employees are entitled to the accrual of equal bonuses.
2.2. Bonus amounts due to employees are paid simultaneously with the salary for the month following the month in which the bonus was accrued.
2.3. Specific indicators to be achieved by the Company and each employee as a condition for the payment of bonuses will be announced annually (no later than January 31) by order of the head.
2.4. Bonuses are not paid to employees who have received disciplinary sanctions during the period for which the bonus is calculated.
2.5. Managers / heads of structural subdivisions draw up a “Representation of incentives” for the employees subordinate to them (the incentive submission form is given in Appendix No. 1). The decision on the approval of the presentation and payment of the award is made by the General Director of the Company.
2.6. Approved and signed by the General Director of the Company "Notices of Incentives" are transferred to the HR Manager. Based on the Submission, the Human Resources Manager prepares a draft Order on Bonus, and then submits it for signature to CEO Society.
2.7. An employee can be awarded simultaneously with several types of bonuses in accordance with this Regulation.
3. TYPES OF AWARDS
The organization establishes the following types of bonuses for employees and heads of departments:
3.1. Annual Performance Award... It is paid to the Company's employees based on the results of their work in the past year, taking into account the achieved production indicators (increased labor productivity, improved product quality) and compliance with labor discipline (no disciplinary sanctions). This bonus is paid once a year, subject to the fulfillment of the production task by the Company as a whole for the observance by each employee of high quality, volume and terms of work and services during the year. The calculation period for calculating this premium is set at 1 year (from January 1 to December 31 of the corresponding year).
3.2. Half-Year Performance Award... It is paid to the Company's employees based on the results of work in the past six months, taking into account the achieved performance indicators (increased labor productivity, improved product quality) and compliance with labor discipline (no disciplinary sanctions, delays). This bonus is paid once every six months, subject to the fulfillment of the production task by the Company as a whole for the observance by each employee of the high quality, volume and timing of work and services within six months. The calculation period for calculating this premium is set at 0.5 years (from January 1 to July 1 and from July 1 to December 31 of the corresponding year).
3.3. One-time personal award. It is paid for the fulfillment of especially important production tasks, participation in new projects, for the development and implementation of new technologies, for reducing production costs, for taking initiative. It can be paid to any distinguished employee of the Company upon the recommendation of a superior manager.
4.1. In addition to the conditions listed in this Regulation, factors affecting the bonus are financial condition Societies as well investment projects and plans for the development of the Company as a whole. Taking into account these factors (according to the accounting and statistical reporting), in the absence of funds for these purposes, the Company reserves the right not to pay bonuses.
4.2. Disputes about the payment of bonuses in accordance with these Regulations, if they cannot be settled directly between the employee and the management of the Company, are subject to consideration in the manner prescribed by law.
4.3. Employees of the Company are notified about the introduction of a new Regulation on Bonuses, amendments to certain articles or cancellation of the Regulation as a whole no later than 2 months in advance.
Appendix # 1
Promotion submission form
to CEO
_________________________
Promotion concept
__________. ______. 2005 year
Moscow
I ask for a bonus for high performance indicators to an employee
______________________ (full name of the employee) for ___________ (period) in the amount of _____________
________________________ ______________________________
(Signature of the group manager) (Signature decryption)
End of the example.
For more details on the procedure for accrual, accounting, and payment of bonuses, you can find in the book "Bonuses" by the authors of CJSC " BKR-INTERCOM-AUDIT ".
The proposed russian legislation the incentive system for work is not always responsible modern requirements... In the context of the development of a market economy, Russian employers are trying to find new modern methods encouraging their employees, while using foreign experience... Western firms have long and successfully used various non-standard forms and methods of incentives to encourage their employees to work better and more efficiently. The bonus system of incentives for work is very popular with foreign employers. In recent years, Russian employers have been increasingly trying to apply this incentive system in practice.
A bonus is a pre-agreed incentive payment to an employee for certain achievements in work.
Note.
It is interesting to note that the word "bonus" is borrowed from the Latin language and means "good" in translation. In the sense of incentives, this term refers to monetary remuneration paid to an employee for the successful performance of his job duties.
The establishment of a bonus incentive system allows employees to be interested in the final results of their work. Let's consider what is the meaning of the bonus incentive system.
So, with an employee of the organization, the amount of remuneration that he will receive based on the results of his successful work... The amount of the bonus can be expressed either as a firm fixed amount, or defined as a predetermined percentage of the organization's profits. The amount of bonus payment can be quite significant, sometimes it is comparable to the amount of salary for a month or even longer. The conditions under which this payment will be made are determined. Since the bonus incentive system is not regulated by law in any way, all conditions regarding such payments depend on the wishes and capabilities of the employer.
The period for paying the bonus is also set by the employer. Bonus payment is made based on the results of work for a month, for a year, or upon completion of a specific task.
The bonus fund, from which payments are made, is formed as a percentage of the profit received from the results of the organization's economic activities.
The advantage of the bonus system is its flexibility, since the criteria by which bonuses are paid can be easily changed. In addition, the advantages of this system should be attributed to the fact that its application helps to reduce staff turnover, which is important in modern conditions... Because if the employee is promised bonuses, then, consequently, it will be more difficult to lure him to another company.
Of course, the bonus system is not without its drawbacks. For example, if the profit did not meet the expectations of the employer, and the amount of bonuses is fixed, then the employer may suffer serious losses.
In order for the bonus system to work and bring the expected benefits, it is necessary to create certain rules for its use: understandable to employees and economically justified.
Labor legislation does not oblige the employer to legally formalize the procedure for paying the bonuses promised to the employee. However, such registration will be desirable for both the employee and the employer himself.
You can include conditions for the payment of bonuses in the employment contract. However, such inclusion is not very beneficial for the employer, since in this case the bonus takes the form of a stimulating payment and, therefore, is taken into account when calculating the average employee's earnings. This, in turn, leads to an increase in the amount of vacation pay, sick leave payments and other similar payments due to the employee during the period of maintaining his average earnings. Consequently, the inclusion of conditions for the payment of bonuses in the employment contract will lead to an increase in the costs of the organization for wages.
If you conclude not labor contracts with employees, but civil law contracts, which provide for the procedure and conditions for the payment of bonuses, then the controlling authorities will easily establish that such civil law contracts hide labor relations with all the ensuing consequences.
There is one more option for registering the procedure for paying bonuses. The organization can offer the employee to register as an individual entrepreneur and conclude a civil contract with him, in which a bonus payment is provided. In this case, the work performed by the employee will be regulated by the norms of civil law. It is easier for the employer, but not very convenient for the employee. An employee may not agree to become an entrepreneur, since the status of an individual entrepreneur implies additional responsibilities for calculating and paying taxes. Even in the absence of income, he will have to file tax returns for these taxes.
The most convenient option for both the employer and the employee is to mention in the employment contract the possibility of calculating bonus payments to the employee. And all the essential conditions regarding the procedure for determining the size and receiving bonuses makes sense to be detailed in a separate agreement between the organization and the employee, or to define such conditions in another local regulatory act of the organization. So local act may become a provision on the payment of bonuses. In this provision, it is advisable to provide for the procedure for the formation of the bonus fund, determine the method for calculating the individual amount of bonuses, and also stipulate the conditions under which their payment will be made.
The provision on the payment of bonuses can also provide for the employer's right to reduce or deprive the employee of bonus payments. Also in this document, you can make reservations in the event of a decrease in the profit of the organization, the dismissal of an employee, and so on.
It is also necessary to take into account the fact that, since the payment of bonuses is not an obligation, but the right of the employer, the employee, in the event of a dispute, has no opportunity to go to court.
Another form of reward for work, which has recently appeared in the Russian Federation and has not been established by any regulatory legal acts, is the so-called “system of participation in the profit” of the organization. The system is based on the division of the received profit between the employees and the owners of the company. This system can cover either the entire staff, or be extended to individual employees. When applying the "system of participation in the profit" in the organization, the share of the profit is established, which goes to the formation of the bonus fund. From this fund, regular payments are made to employees. The procedure and conditions for the implementation of such payments are established by agreement between representatives of employees and employers. The amount of payments depends on the amount of profit received as a result of the organization's work for certain period (month, quarter or year), and they are calculated in proportion to the wages of each employee. Let us consider how the “profit sharing system” operates using the example of a joint stock company.
Example 5.
In order to motivate employees to increase the profit of the joint-stock company, the board of directors proposes to allocate a share of the profit to the formation of a special bonus fund. Shareholders at the general meeting approve the size of this share as a percentage. A decision is made general meeting shareholders, in which the share of the company's employees in the profit is recorded. The procedure and conditions for the payment of remuneration to employees from the share of profits assigned to them is established in the collective agreement.
Note.
The formation of this bonus fund is spent on the profit of the organization remaining after taxation (net profit), and the amount of remuneration paid from the funds net profit, is not included in the labor costs of the organization of the Tax Code of the Russian Federation) and is not subject to a unified social tax (paragraph 3 of Article 236 of the Tax Code of the Russian Federation).
Despite the fact that, at first glance, the division of profits between employees and shareholders gives rise to certain contradictions between them, however, the interest of shareholders in increasing the mass of profits by using the similar interest of the company's employees makes it possible to reduce these contradictions to a minimum.
End of the example.
This system is a form of collective reward for work, therefore it is often compared to a collective bonus system. In these two systems, the methods of calculating the appropriate payments to employees of organizations coincide, as well as the dependence of these payments on the final results of the organization as a whole.
However, there are certain differences between the profit sharing system and collective bonuses. In collective bonuses, bonuses are accrued to employees for performance indicators, and in the profit sharing system, the amount of remuneration depends not so much on production efficiency as on the profitability of the company, that is, on the influence of external market factors on its commercial position, such as the level of competition, change prices for raw materials and supplies, decrease or increase in the stock price.
Different organizations may have their own procedure and forms of making payments from the bonus fund. So, in particular, profits can be distributed among employees annually, and a specific share of each can be paid either in the form of a cash bonus or provided by shares of the company. Also, the payment can be reserved for a specific employee and the accumulated amount can be issued to him in the event of dismissal, retirement or in another similar case. It should be noted that interest may be charged on such savings.
Participation in profits in the organization can be carried out in the form of current payments. In this case, remuneration from profit is paid to employees on a regular basis: monthly or quarterly based on the results of the financial and economic activities of the organization.
The system of “profit sharing” applied in the organization should be clear to every employee. To do this, it is necessary to reflect all possible additional material remuneration in the contracts of employees, employment contracts or annexes to them and make their receipt in direct proportion to the achievement of certain goals by the employee. Moreover, these issues need to be reviewed annually.
The profit sharing system is the new kind remuneration of employees for work. To date, it has not become widespread; nevertheless, specialists in the field of labor law consider this form of encouragement to be very promising and undoubtedly deserving the attention of Russian employers.
The Labor Code of the Russian Federation does not define the concepts of "additional payment" and "premium" and does not distinguish between them.
Usually, additional payments and allowances are called monetary amounts paid in excess of the basic wage, with the help of which the individualization of the amount of remuneration is ensured, taking into account the intensity of labor and professional skill of an individual employee, his attitude to work, as well as for work in conditions that differ from normal. Unlike bonuses, bonuses and allowances are permanent and are paid not for the future achievements of employees, but for the results already achieved and the individual qualities of the employee, ensuring high performance of his work.
Note!
Whereas in the previous edition of the Labor Code of the Russian Federation, the issues of establishing allowances and surcharges were regulated by Article 144 of the Labor Code of the Russian Federation, then in the new edition of the rules allowing the employer to establish allowances and surcharges are contained in Article 135 of the Labor Code of the Russian Federation.
In accordance with part 5 of Article 135 of the Labor Code of the Russian Federation, the employer, taking into account the opinion of the representative body, adopts local regulations establishing the remuneration system. Based on part 2 of Article 135 of the Labor Code of the Russian Federation, the remuneration system includes additional payments and allowances of a compensatory and incentive nature.
Additional payments and allowances of a compensatory nature are established in order to reimburse employees for additional costs associated with the performance of their labor or other duties.
Compensatory allowances and additional payments include payments: for combining professions, for fulfilling the duties of a temporarily absent employee; for the leadership of the team, for work in difficult and harmful working conditions, for work at night.
Accordingly, additional payments and bonuses of an incentive nature are established with the aim of encouraging employees to improve their qualifications and professional skills, as well as to aim them at achieving the results determined by the employer.
Incentive allowances and surcharges include payments: for high professional skills, for class, for an academic degree, for high achievements in work, for performing especially important work and so on.
By establishing allowances and surcharges, the employer can independently determine the grounds for their payment, or can use the "List of surcharges and surcharges to tariff rates and official salaries of workers of associations, enterprises and organizations of industrial sectors of the national economy, on which bonuses are accrued," approved by the Decree of the USSR State Committee of Labor and Secretariat of the All-Union Central Council of Trade Unions dated November 18, 1986 No. 491 / 26-175. This document is still valid, since it does not contradict the legislation of the Russian Federation.
Based on this list, the organization can establish the following types of allowances and surcharges:
For combining professions (positions);
Expansion of service areas or an increase in the volume of work;
Performing the duties of a temporarily absent employee;
Work with heavy and harmful and especially heavy and especially harmful conditions labor;
Labor intensity;
Work according to the schedule with the division of the day into parts with breaks between them at least two hours;
Work at night;
For products (in state farms and other state agricultural enterprises);
One of the types of material incentives for employees for conscientious work is rewarding with a valuable gift.
A valuable gift is an item that has material value. The term “valuable” itself means that the gift should not be symbolic (for example, souvenirs, pens, notebooks, etc.), but should constitute a significant part of the employee's salary or exceed it (for example, an item of household electronics). The maximum cost of a valuable gift is not limited by law and is determined by the employer at his discretion, based on the personal merits of each employee.
An employee can be awarded a valuable gift for conscientious performance of official duties, increasing labor productivity, improving the quality of work performed, long and flawless work, for other achievements in work, as well as in connection with a personal anniversary or a holiday.
Sample order for awarding a valuable gift.
About rewarding Petrov I.I.
For the conscientious performance of official duties and in connection with the 50th anniversary of the birth.
I ORDER:
1. To reward Ivan Ivanovich Petrov - the master of the production site with a valuable gift - wrist watch in a gilded case worth 500 rubles.
2. The order should be communicated to the employees of the organization.
CEO
surname signature
The purchase of a valuable gift is entrusted to the economic department of the organization or the accounting department. The purchase of a valuable gift provides for the allocation money... The amount of the amount for the purchase of a valuable gift is determined either by the employer himself, or by a joint decision of the management and staff of the organization.
A valuable gift is awarded in a solemn atmosphere by the head of the organization or other persons on his behalf.
Note.
The cost of a valuable gift is included in the employee's gross annual income, and if it exceeds 4,000 rubles, then the excess amount is subject to personal income tax of the Tax Code of the Russian Federation).
For more details on issues related to the features of documentary registration of incentives for work, and the procedure for entering information about incentives and awards in the employee's work book, you can find in the book "Incentives for work" by the authors of CJSC " BKR-INTERCOM-AUDIT ".
paid in the established amount in the manner determined by the orders of the relevant ministries or by the statute on bonuses or the relevant local regulatory act (relevant for non-state enterprises). About payment procedure bonuses for good faith (hereinafter also - DISO) military personnel, police officers and other employees, you will learn from the article below.
Who can expect to receive monthly premiums for DISO?
According to Part 21 of Art. 2 of the Law "On monetary allowance ..." dated 07.11.2011 No. 306-FZ, for the effective and conscientious performance of military personnel, they are paid a bonus in the amount of up to 3 salaries (per year). Bonus payments for DISO are due to persons doing military service under the contract, including those who serve in the rescue military units of the Russian Emergencies Ministry (clause 77 of the order, approved by order of the Ministry of Emergencies dated 07.12.2012 No. 751).
Also bonus payments for DISO, in accordance with Part 12 of Art. 2 of the law "On social guarantees ..." dated 19.07.2011 No. 247-FZ, are relied on to employees of the internal affairs bodies. The amount of bonus payments is 3 salaries per year.
Non-state enterprises can also pay bonuses of this kind, if this is provided for by the terms of the collective agreement, the provisions on bonuses or other local regulations (part 1 of article 129 of the Labor Code of Russia).
Who isn't eligible for monthly bonuses for good work?
According to clause 6 of the rules, approved. government decree "On the payment of bonuses to servicemen ..." dated 05.12.2011 No. 993 (hereinafter referred to as the Rules), bonus payments for DISO are not paid to servicemen who:
- serve in units where other bonus systems are installed for overfulfilling the tasks received;
- were sent outside the Russian Federation to fulfill their duties, including technical assistance;
- are at the disposal of the chiefs;
- dismissed from military service in connection with the deprivation of military rank, the entry into force of the court verdict, expulsion from educational institution for academic failure / indiscipline, failure to fulfill the terms of the contract, violation of the prohibition, failure to pass the test.
ATS employees who are temporarily suspended from the performance of official duties, bonus payments are not made when their chief issues an order (clause 31 of the order, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65). By order of the head, employees who have received such disciplinary sanctions as a severe reprimand, demotion, warning that there is incomplete official compliance, bonuses for conscientious work are not made within 1 month from the date of prosecution, in accordance with clause 32 of the above order. In addition, bonus payments for DISO, according to clause 33 of this order, are not due to employees in the month of their dismissal, if they were fired for violation of discipline, contract, non-compliance with statutory prohibitions, loss of confidence, forgery, committing a defamatory offense, etc. P.
Don't know your rights?
Features of the calculation and payment of bonuses for DISO to military personnel
Monthly bonus payments for the conscientious performance of duties to persons performing military service are made simultaneously with the issuance of a monetary allowance for the month following the period for which the bonus was accrued. In this case, the premium for December is paid in December (clause 2 of the Rules).
The calculation of bonus payments for DISO is based on the size of the monthly salary of the military on the 1st day of the month for which the bonus is accrued, according to the assigned rank and position. In the event of the death of a person who served in military service, the bonuses due, in accordance with clause 7 of the Rules, are issued to the spouse or adult children living with him, guardians, dependents or parents.
Based on clause 79 of the order, approved. By order of the Ministry of Defense dated December 30, 2011 No. 2700, bonus payments for DISO are made in the following amounts:
- Contract servicemen - up to 25% of their salary.
- For cadets:
- students with excellent marks - up to 25%,
- getting good marks - up to 15%,
- those receiving satisfactory marks - up to 5%.
For military men who have served less than a month, bonus payments for conscientious performance of duties are made for the time of their actual performance, taking into account the size of the salary established on the day of the decision on bonuses (clause 81 of the order, approved by order No. 2700).
Specifics of calculating and paying bonuses for DISO to police officers
For police officers, bonuses for conscientious service are made monthly in the amount of 25% of the salary set for the 1st day of the month for which bonuses are paid (clause 26 of the procedure for securing cash allowances, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65).
The bonus for DISO is also paid to those who are enrolled at the disposal of the management (clause 30 of the order, approved by order No. 65). The corresponding order of the head of the Ministry of Internal Affairs is issued on the accrual of bonus payments to them, the calculation is made based on the actual volume of duties performed by employees.
When calculating bonus payments for an incomplete month, the number of days of performing duties in the service is taken into account (clause 27). In addition, the billing period includes the time (clause 28):
- being on vacation with maintenance of allowance, expressed in monetary terms;
- learning;
- release from duties due to illness.
To calculate the amount of bonus payments for DISO for 1 day, it is necessary to divide the monthly amount of the bonus determined in accordance with clause 26 by the number of calendar days of the month for which it is paid (clause 29).
So, bonus payments for the conscientious performance of duties are made monthly to contract servicemen, cadets, as well as to police officers. The maximum amount of bonus payments for DISO is 25% of the monthly salary on the 1st day of the month for which the bonus is paid. In addition, monthly bonuses for conscientious work can be established at non-state enterprises as well - their size and payment conditions depend on the provisions of the relevant local acts of the employer.
To the Ulan-Ude garrison military court
Administrative claimant: Ivanov Ivan Ivanovich
Date and place of birth. Residence or location address (in full). Phone numbers, fax numbers, email addresses. mail.
Administrative defendant: The official whose actions are appealed against:
Commander of military unit 00000
Address: ___________________________
Administrative statement of claim
on challenging the actions of officials related to the non-payment of bonuses for the conscientious and effective performance of official duties for the period from ____________ to _____________
I ________________________________________________ doing military service
(military rank, full name)
under the contract in the military unit No. __________.
In accordance with the Federal Law of the Russian Federation "On the monetary allowance of military personnel" and the Decree of the Government of the Russian Federation of December 5, 2011 No. 993 "On payment of bonuses to military personnel for conscientious and effective performance of official duties and annual material assistance", I am monthly entitled to payment of a bonus for conscientious performance of official duties.
At the same time, the named premium for the period from _______ to _______ was not paid to me. At the same time, any disciplinary action and I had no other omissions in the service.
I believe that the actions of the officials - the Commander of the Air Defense Forces and the commander of military unit No. ___________, related to the failure to pay me a bonus for conscientious and effective performance of official duties for the period from ______ to ______, violate my rights, and therefore are illegal.
(The following is information about whether a complaint was filed with a higher-level authority or a higher-level person in the order of subordination on the same subject as indicated in the filed administrative statement of claim. If such was filed, the date of its filing, the result of its consideration are indicated.
Information about the impossibility of attachment to the administrative statement of claim of any documents specified in Part 1 of Art. 126 CAS RF, namely:
Delivery notifications or other documents confirming the delivery to other persons participating in the case, sent in accordance with Part 7 of Art. 125 CAS RF copies of the administrative statement of claim and the documents attached to it that they do not have;
Documents confirming the payment of the state fee in the prescribed manner and in the amount, or the right to receive benefits in the payment of the state fee, or an application for a deferral, installment plan, to reduce the amount of the state fee with the attachment of documents indicating the existence of grounds for this;
Documents confirming the circumstances on which the administrative claimant bases his claims;
Power of attorney or other documents certifying the powers of the representative of the administrative plaintiff, documents confirming that the representative of the highest legal educationif the administrative claim is filed by a representative;
Documents containing information about the complaint filed in the chain of command and the results of its consideration, provided that such a complaint was filed.)
1. To recognize the actions of the Commander of the Air Defense Forces and the commander of military unit No. __________ related to the failure to pay me a monthly bonus for conscientious and effective performance of official duties for the period from ______ to ______ unlawful.
2. To oblige the Commander of the Air Defense Forces to issue an order to pay me a monthly bonus for conscientious and effective performance of official duties for the period from ____________ to _____________
3. Collect from _____________________________________________________________
(the name of the body paying the allowance is indicated)
in my favor legal costs associated with the payment of the state fee in the amount of __________________________________________________________________.
Applications:
1. Copies of the administrative statement of claim and the documents attached to it according to the number of persons participating in the case (if there is no notification or other document confirming their delivery to these persons).
2. A document confirming the payment of the state duty or the right to receive benefits for its payment, or being the basis for a postponement, payment by installments of the state duty or reduction of its size.
4. Other documents confirming the circumstances on which the administrative plaintiff bases his claims on the number of persons participating in the case (if there is no notification or other document confirming their delivery to these persons).
5. Power of attorney or other document certifying the authority of the representative of the administrative claimant, a document confirming that the representative has a higher legal education, if the administrative claim is filed by the representative.
"__" _______ 20__ __________ ____________________
(signature) (decryption of signature)