Supplements, allowances and incentive payments are among the essential conditions of remuneration and are stipulated in Article 57 of the Labor Code of the Russian Federation. But the legislation does not establish a unified procedure for the payment and distribution of bonuses, which would be mandatory for every employer and would be valid for all categories of working citizens.
Instructions
Step 1
Bonus payments and the conditions for their distribution are related to the terms of remuneration and should be reflected in the terms of the employment contract. Set the wages of employees of your company in accordance with the local normative act (regulation, order) that is in force at the company. Include this clause in the employment contract indicating the current local act. In case of changes in the conditions of remuneration, it is necessary to amend the employment contract in compliance with the requirements of the law.
Step 2
When establishing a bonus system, the employer must agree with the representative body of workers. If a trade union organization operates at an enterprise and the number of its members is more than half of the employees, then the elected body of this organization (trade union committee) is considered the representative body of workers.
Step 3
The procedure for introducing incentive forms is determined by Part 2 of Article 144 of the Labor Code of the Russian Federation. In non-budgetary organizations, incentives come at the expense of the employer's own funds, but in any case he must comply with general legal principles when distributing bonuses.
Step 4
Distribute wisely and fairly. So in many organizations, the main criterion is wages and other incentive bonuses accrued for seniority, category, rank, etc. The distribution of bonuses occurs depending on the value of the total amount received as payment for labor and all established bonuses. In some organizations, the so-called labor participation rate (KTU) is used, which reflects the share of labor of each employee in the overall process.
Step 5
Avoid discrimination in the distribution of bonuses. The allocation process should be as clear as possible, as the fairness of the allocation can be questioned. In this case, the representative body of employees has the right to appeal the procedure for the distribution of bonuses in court.
Step 6
One-time bonuses may not be regulated by either an employment contract or a local regulatory act. In this case, the employer has the right to reward only those employees whom it considers necessary. Rewarding is carried out on the basis of his official order. But other employees need to know the criteria by which the selection of employees to receive the award was made. In the text of such an order, be sure to reflect these criteria so that it is motivated by legal grounds and does not become a reason for legal proceedings with the dissatisfied.
