The payment of the bonus must be indicated in the statute on bonuses, which is an internal legal act of the enterprise, and in the employment contract. But regardless of this, on the basis of Article 114, the employer has the right to independently decide when, in what amounts and for what to pay the variable part of wages.
It is necessary
- - regulations on bonuses;
- - order.
Instructions
Step 1
If the company suffers losses, there are no orders for a short time, equipment breaks down or consumables are missing, you have every right not to pay a bonus, which, in fact, is a monetary incentive of a stimulating nature for certain high performance indicators. No indicators - no bonus.
Step 2
The short-term suspension of the payment of bonuses due to the difficult financial situation cannot be considered by the labor inspectorate as a violation of workers' rights. Notify all employees of the suspension of payments by issuing a free-form order, and announce it to the entire team.
Step 3
Failure to pay bonuses with stable financial well-being of the enterprise can be regarded as a violation of workers' rights. Employees have the right to file a collective complaint with the labor inspectorate or go to court.
Step 4
A primary or independent trade union organization is obliged to protect the interests of workers and has the right to demand from the employer an explanation of the reason why, in a stable financial situation, successful work with high performance, the bonus is not paid. The employer is obliged to listen to the opinion of the leaders of the trade union organization. On this basis, the issue of paying the premium should be resolved positively.
Step 5
When a team of employees applies to the labor inspectorate or to the court at your enterprise, they can conduct an audit of financial documents. If during the audit it turns out that the company is operating profitably, you may be accused of not complying with the terms of the bonus provisions and employment contracts concluded with employees indicating the conditions for payment of bonuses, remuneration or incentives. All this can lead to the imposition of an administrative fine. Therefore, non-payment of the premium is justified only if the enterprise suffers temporary losses. In all other cases, you are obliged to follow the instructions of the bonus regulation.
