Will they get an award at work? What you can reward employees for: what should be the wording of the reason for the bonus. What the premium is for

IN general case bonuses are not an obligatory part of wages, that is, the employer decides for himself whether to enter them into the wage system or not.

But in practice, this tool is used quite often as the simplest and most proven method of material incentives for personnel. An employee who is just getting a job must clearly understand what components his salary will consist of, and if there is a bonus part, the conditions for its payment.

For example, a salary can consist of a salary of 40,000 rubles, or it can be divided into two equal parts: a salary of 20,000 and a bonus of 20,000 - essentially the same 40,000.

However, in the first case, the employee is guaranteed to receive this amount, regardless of performance indicators, the presence of disciplinary violations, etc. (the main thing is to be present at the workplace every day according to the schedule), but in the second situation, everything is not so simple: the payment of the bonus part can either take place or not. To determine this point, you need to carefully study the conditions and procedure for paying bonuses. Typically, these data indicate:

or in an employment contract, which must be concluded without fail when hiring;
either in a local act of the organization: for example, Bonus Regulationsand, with which all newcomers must also be familiarized with the signature during the registration process.

It will not be possible to bring to justice in the form of deprivation of a premium for a disciplinary offense! The employer cannot independently expand legislation and establish his own measures of responsibility.

What is important to understand?

1. The payment of the premium cannot be arbitrary.

The documents (employment contracts, the Regulations on Bonuses, etc.) must necessarily contain the conditions under which the bonus may not be paid or only partially paid. If there are none, then in fact the bonus takes on the same character as the salary. This means that the employer is obliged to pay it by default, regardless of any conditions, incl. performance indicators and labor quality. It is clear that such a bonus will not be able to work as a motivating factor, because the employer will have no reason not to pay it.

2. From the first paragraph follows a very common misconception that any disciplinary offense, whether being late, smoking in the wrong place or solving personal problems in work time , automatically leads to loss of the premium (in whole or in part). Nothing of the kind - there is no direct relationship. Legislation, namely provisions part 1 of Article 192 of the Labor Code of the Russian Federation, clearly defines what measures of responsibility can be applied by the employer in the presence of a disciplinary offense. It:

comment,
rebuke
or, as the most severe penalty, dismissal in cases established by law.

As you can see, it will not work to prosecute in the form of deprivation of a premium for a disciplinary offense! The employer cannot independently expand legislation and establish his own measures of responsibility.

Payment procedure

As for the procedure for paying bonuses, the employer has complete freedom here. If a clause appears in the bonus document that if the employee has reporting period disciplinary action the size of the premium is halved, or even not paid at all, then in such conditions the absence of the premium part or its reduction will already be justified. In other words, employees will have the very incentive to do their job well and efficiently, avoiding disciplinary violations.

Feel the difference? This example clearly demonstrates the importance of how exactly the conditions for the payment of the bonus are prescribed in documents.

3. Another essential point - in principle, you cannot deprive the premium! Unfortunately, many people forget that by its nature this is not guaranteed, namely incentive payment... To obtain it, you must comply with the conditions prescribed in the contract and local acts... If they are not met (for example, the employee has a penalty - see the previous example), then it is more correct to use the wording not “deprived of the bonus”, but “ premium not paid”, Since the person did not earn it - he did not ensure the fulfillment of the conditions necessary for receiving bonuses.

4. So that the employer does not have to explain and prove every time why the bonus was not paid or was not paid in the maximum amount, the conditions of bonuses should be transparent and understandable to the staff. As indicators for the payment of premiums, it is advisable to use quantitative indicators that are easy to calculate and get a reliable figure. For instance: " The employee is paid a bonus, the amount of which depends on the fulfilled sales plan. 100% fulfillment of the plan ensures the payment of a bonus of 10,000 rubles, overfulfillment of the plan by1-30% - a bonus of 12,000 rubles, overfulfillment of the plan by more than 30% - a premium of 15,000 rublesblay».

It is highly discouraged to use estimates and subjective indicators like “ The employee is paid a bonus of 10,000 rubles in case of high-quality work". In this case " quality"(Without any additional decoding) is a subjective concept, and if the employee thinks that he has given all his 100%, then the immediate superior may consider that there were some shortcomings and, as a result, reduce the amount of the bonus. To ensure that each payment of bonuses does not end in litigation, employers need to be extremely careful when describing the conditions for bonuses, and employees should carefully study them and, if there is a double interpretation, require explanations.

5. The payment of the bonus can depend on either one indicator (fulfillment of the sales plan) or several (sales plan, the number of returns, the number of disciplinary offenses, etc.). In this case, each indicator, depending on its significance, can be assigned its own weights. It is not recommended to complicate the procedure for calculating the premium, trying to take into account all possible criteria - the choice should be made in favor of key indicators. As a rule, there are no more than three or five of them, and the specific set depends on the position and the specifics of the work. It is important that all indicators are realistically achievable, otherwise the effect of incentive payments will come to naught again. The employee, having assessed the conditions for paying the bonus, may decide that they are too high and will not even make an effort to receive it. Or he will completely refuse such activities, since working on a bare salary will seem to him uninteresting and unprofitable from a material point of view.

Before agreeing to a bonus wage system, it is extremely important to carefully study the documents where the payment procedure is disclosed.

In conclusion, I would like to clarify that employees have the right to demand and rely only on those bonuses that are provided for in labor contracts and local documents. Some prizes may be one-off. For instance, in 2012, the company successfully completed all projects, and at the meeting, the founders decided to issue a so-called13th salary from a net bonus, in addition to those payments that are provided for by local documents... Such a payment does not at all mean that the employer will be obliged to repeat it next year, even if by the end of 2013 profit is again made.

Unfortunately, cases have recently become more frequent, both in state enterprisesand in private firms, employers abuse their powers. The employee is practically forced to do work that is not included in his functional responsibilities, motivating this by the fact that someone should do it. Each of us wants to do only the work for which he was accepted and, accordingly, receive a decent reward for it. But what to do if the employer, threatening to dismiss, forces you to do “extra” work? What kind of work can you refuse?

In Art. 69 of the Labor Code of the Russian Federation states that an employer has no right to demand from an employee to perform work that is not specified in his employment contract. I will say more, all the functional duties of the employee must be listed in his job description, which is signed by the employee when applying for work. But the legislation of the Russian Federation provides for exceptions to this rule. The employee is obliged to perform work not provided for by him job description and an employment contract in the event of force majeure situations, accidents, natural disasters, etc.

If the enterprise does not have any of the above circumstances, the employee has the right to refuse to perform work not assigned to him by the labor contract and job description. Refusal from "extra" work cannot serve as a reason for dismissal. The employer has the right to offer the employee a combination of his main job and additional work, for which the employee will receive a monetary remuneration. The amount of remuneration is set at the discretion of the employer and cannot exceed 100% of the employee's salary, the functional responsibilities of which the employee assumes. If the employee is not interested in additional payment, he can also refuse additional work.

I dare to remind you that all labor disputes are resolved by the labor dispute commission or in court. The participation of a trade union committee, provided that there is one at the enterprise, is mandatory in resolving a labor dispute by a labor dispute committee.

Do not be afraid to defend your rights, provided that you are confident that you are right, otherwise the "extra" responsibilities once assigned to you may become yours forever, without additional payment and material incentives for performing not your functional duties.

What are the rights of workers laid off as a result of staff reductions, and what are the benefits of this type of layoff.

What is staff reduction?

Downsizing is a reduction in the number of employees initiated by the company's management. Typically, an employer will lay off employees when they are unable to pay them. This happens all the time during the financial crisis, but even in calm times, you can get cut.

Good to know!

The employer is obliged to notify employees of the upcoming layoff at least two months before dismissal, in writing and against signature.

Important!

The employer has no right to reduce:

Pregnant
women with children under the age of 3
single mothers raising a child under the age of 14 or a disabled child under 18

If the cut is illegal

The procedure for dismissal to lay off is not easy, and employers often make mistakes: they fire those who are not allowed, incorrectly draw up documents, violate the warning period ... In any of these cases, you can go to court and get back to work. But, if you quit your job under pressure from the boss on their own, you won't have to count on recovery.

Downsizing is profitable!

Layoffs are considered one of the most beneficial - for the employee, but not for the employer. The law obliges him to compensate the laid-off worker, or rather, to pay compensation. And in order not to pay compensation, employers, cutting staff, often ask subordinates to write a statement of their own free will.
If you understand that in fact you are being prepared for layoff, it is in your best interest not to be staged with “your own will,” but to ensure compliance with the entire procedure for layoffs to layoff. In this case, the employer will be obliged to do the following.

STEP 1

Offer you another vacant position in your company. If your qualifications are higher than required, the employer is obliged to make such an offer, but if lower, alas.

STEP 2

If you refuse the proposed position, the employer must compensate you material damage from losing your job.

Firstly, the law guarantees you at least one month of comfortable living at the expense of your previous employer. Upon dismissal, you must be paid severance pay in the amount of your average monthly earnings.

Secondly, if within a month you have not found a job, you must be paid an average wages and for the second month.

Thirdly, in a certain case, you will be able to receive a salary for the third month after your dismissal. To do this, you must register with the labor exchange for employment within 14 days after dismissal. If, within three months from the date of dismissal, the exchange does not select another job for you that matches your qualifications, the administration of the exchange will oblige you former employer pay you another salary. However, it is important to understand: the third salary will be paid to you only if the exchange really does not find a suitable job for you. If you simply refuse the vacancies that suit you, you not only will not receive a third salary, but you can also fly out of the labor exchange.

BTW

If, after the layoff, you enter the labor exchange on time, you will have uninterrupted work experience for three months after the dismissal.

Calculation rules

The last day of work is considered the day of dismissal. It is on this day that the employee should be given money and documents, in particular a work book. If the employer violates the terms, you have the right to sue him. Then, in addition to the calculation, you will receive monetary compensation for every day of delay. However, usually one hint of a complaint to the Labor Inspectorate is enough for the employer to pay the employee as expected.

Reduction "spoils" labor

There is an opinion that employers do not like to hire people who have been laid off. Say, if you were laid off on a layoff, then you were the least valuable employee.

In fact, this is nothing more than a fairy tale invented by employers who do not want to pay severance pay to people who are laid off. After all, this is a significant expense for the organization. As for the new employer, your work experience and desire to work will be much more important for him than the reason for dismissal.

Working in a crisis

In order not to be among those laid off, try to adhere to some rules:

Demonstrate hard work

To demonstrate your hard work to the management, you will have to work tirelessly. You will have to stay late at work if you are asked to finish something or do not your job. If you want to keep your job, you have to take any job. It is hoped that you will be chosen from the two employees.

Don't be late

If earlier you could afford to be late for work or be late for lunch, now you should not do this. All this is a reason to find fault with you and fire you.

Remind you of your importance

Think about what exactly you did for the company: you signed an important contract, more than once exceeded the plan ... And subtly mention this at every opportunity in conversations with colleagues and with management. No need to be modest, now it is useless. The bosses are not obliged to remember the achievements of all employees, and it will not be superfluous to remind him how valuable you are to the company.

Exercise self-control

Having learned that layoffs are coming in the company, you should not pay too much attention to this fact, and even more so come to the authorities in order to put pressure on pity, or whisper with colleagues on the sidelines. It is better to devote as much time as possible to work - the administration will appreciate it.

Be prepared to compromise

Hot temper, intransigence, conflict - these qualities will not play into your hands during a crisis at work. The head is now no less difficult than the subordinates. And no one wants to waste their nerves on an obstinate worker. Try to rein in your character and make it comfortable to work with you. At work, be calm and welcoming. Show with all your appearance that you know your business and this is the main thing for you.

Why should we hire you? - This question is very often used when interviewing potential employees. Unfortunately, a poor answer to this question can dramatically decrease your chances of getting a job. To answer this question well, you need to prepare in advance for the interview and try to clearly articulate for yourself a list of your skills that meet the goals of the employer's company.

Steps

Part 1

Preparing for the question

Study the company. Before starting the interview, you should have an understanding of the company culture and hiring practices. If possible, look for examples from other employees about which personality type suits the job best so that you can explain how suitable you are.

Analyze the job description before the interview. Take a good look at the job description a couple of days before the interview. Use another sheet of paper to divide the description into groups.

Try to find common ground between your skills and experience and the employer's requirements. Write a detailed answer next to each qualification item that the employer requires in the job description. Remember, you must answer the question why you are the solution to the employer's problem.

For example, if a job description mentions a requirement for experience in small group leadership, list all of your positions you have held and the achievements you have achieved.
Use any relevant experience, including work outside of this field. For example, if you worked in a fast food restaurant while you were at university and were in charge of other people, this is also a relative experience.
You can also mention volunteering experience, especially if you didn't have many jobs. For example, running a club or camp, or even coaching on-site sports teams, counts as a management experience.

Choose 3-4 items. Once you have compared your skills to those required, pick the best 3-4 and focus on those as you answer. You shouldn't be inaccurate, so pick the ones where your experience best matches important parts of your ad.

Try to answer. Try to answer the question while standing in front of the mirror. Then go to family and friends. Just do it a couple of times to remember the main point. Your answer doesn't have to sound rehearsed, but the main message should be etched into your memory.

Point out what you were unable to say. Maybe you haven't emphasized your human qualities. Or maybe you weren't able to tell about your computer skills. Make notes of this so that you can refer to them in open-ended questions such as "Why should I choose you?"

Evaluate what the interviewer thinks of you. You may notice that the interviewer thinks you are too qualified if he keeps asking questions about your years of experience, how you will work with people under your leadership who will be younger than you. It can be the other way around - you may notice that the interviewer thinks you don't have the right skills for the job if he asks about a skill you are not good at.

Find out more details. If the job description didn't have a lot of details, feel free to ask a couple of questions yourself. This will help you understand what the job is and will be able to answer questions more directly.
- Ask questions like "What tasks will the new employee need to focus on from the beginning?" or "What qualities do you mainly look for in new hires?"
- You can also ask a question such as "How is a typical day in this position?"

Part 3

The answer to the question

Start with the general situation. Once you start answering the question, focus on how fit you are for the position. And that's it, talk about your previous experiences and objectively tell us how you were appreciated in the last company. For example, you can tell that you were the youngest of the management staff there, as it shows that you can handle the position.
Look at the three qualities that make you fit for the job. 3 achievement-based examples will show that you are very prepared for the task. Plus, this approach will justify your answer - which is much better than beat around the bush.
- Use the preparation you did before the interview to answer the question.
- Do not worry. Take a deep breath and give a short but valid answer.
Be specific when it comes to your experiences. Don't give scattered answers. When you know the reasons why you should be accepted, it is better to take a specific approach rather than a general one.
- For example, skip the common answer such as "An experienced manager will increase employee morale and drive the growth of the company."
- Instead, try answering like this: “You have to accept me because I have been leading the group for 10 years. During that time, I have reduced my turnover and increased productivity by 10%. ” This answer provides a personal reason why you are suitable for the position for which the ad is required.
Emphasize the company. When answering, do not focus on why you want the job, or whether the position is right for you. Instead, pay attention to what you can give the company. This is what the interviewer wants to hear.
- For example, don't say, "I've always dreamed of working in an art gallery."
- Instead, say something like, “I know a lot of people want this position, but I've worked hard and hard to become the best in the job. My level of art history knowledge and experience volunteering in galleries gives me the skills I need to will be useful to you ... Continue this by adding a couple of skills that you have accumulated over previous years.
Use what you have learned. Use this time to build on what you learned during the interview. Connect your skills to those the company demands. Also use the time to note aspects of your skills that the interviewer missed.
- For example, you may have heard that the company is really focused on people. Use the time to highlight your human qualities, with specific examples from past jobs.
- You might say something like, "On my previous work I handled all the service calls and the numbers showed that customers were happier on my shift. "

This is a long and very responsible process for any employer. Because it involves notifying the persons to be made redundant two months before the date of its implementation, as well as the payment of all funds due to them, which must be issued on the last day of employment. In addition, the employer must offer this category of subordinates available vacancies, and also prevent the hiring of new people.

Preparing to cut

Before making redundancies, the employer must fulfill several conditions:

Change the existing staffing table or approve a new one, which would show the impossibility of expanding the staff to more than the assigned positions;

Notify subordinates about this 2 months in advance;

Offer workers other vacancies that are available in the organization;

Inform the employment authorities within the time period specified by law.

If a citizen already knows in advance that there is a layoff at work and that he falls under it, then you can immediately discuss this issue with the manager. After all, you can receive all the necessary payments earlier than two months and find a new one faster vacant place, unless, of course, it turns out to remain the same.

Layoffs are expensive

In reality, laying off workers due to staff cuts is not only time consuming, but also not very cheap. At the same time, the boss needs to pay people not only wages and compensation for the vacation that was not used, but also severance pay for two months. In addition, if a citizen, after being laid off, no later than ten days from the date of his dismissal, is not employed by him, then in this case he will receive a cash allowance from the previous head for the third month. That is why many employers are trying to bring their subordinates to layoffs of their own free will. Then you won't have to pay them that much money.

In the event that there is a layoff at work, but the boss nevertheless forced the unwanted employee to leave of his own free will, such dismissal can be appealed in court. Only for this will you need testimony and documentary evidence of this fact. Otherwise, it will be simply impossible for a subordinate to recover at work and receive all the money due.

Notification

The manager warns the employee about the upcoming reduction 2 months in advance. The notice is drawn up in writing and handed over to the person against signature. Otherwise, the employee will not be considered aware of the upcoming dismissal, which can subsequently cause big trouble for his boss, up to and including legal proceedings.

In a situation where there is a layoff at work, the employee's rights should not be infringed upon by his boss. The latter is obliged to offer the first all available vacancies that can be spelled out in the notification itself.

The reduction notice looks like this:

00.00.00 _______________

Dear __________________ (employee's name in full)!

Please be advised that due to the downsizing of your staff, your position of _____________ will be downsized on __________ (two months from that date of notice).

We offer you a choice of available vacancies ______________ (name of vacancies). If you agree to work in another position, please inform the HR department of the organization (name) HR specialist in writing before the expiration of two months from the date of receipt of the notification.

Best regards, Director of LLC ________________ (signature decryption).

From the moment when the subordinate was notified of the upcoming reduction, a two-month period begins to expire, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.

Payouts

When a person is dismissed on the basis of clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation, the head must fully settle with him and pay:

Salary for the entire time of work.

Leave compensation if it has not been used. If the employee was already on vacation, but the period was not fully worked by him, then with a reduction, deductions from his salary are not made for this.

In the amount of two months' earnings. In the event that the employee, after dismissal, applied to the employment authorities, but was not employed, this earnings for the 3rd month are retained for him. In this case, you need to provide the former management with your work book or a certificate from the employment center that it is registered with them.

Full settlement with the employee must be carried out on the last day of his employment, otherwise it would be a violation of Article 140 of the Labor Code.

The right to keep the job

If there is a layoff at work, then only those persons with the highest labor productivity and qualifications have the preferential right to keep the job.

In the event that all employees have the same productivity and high qualifications, preference should be given to an employee who:

Has two or more dependents, for whom the person's salary is the main source of subsistence;

Is the sole breadwinner of the family if none of its members have a job or other income;

Has an exercise illness or other serious injury in the organization;

Great handicapped Patriotic War or a disabled person injured during the defense of the Fatherland;

Raises his level of education in the direction of leadership on the job.

Paperwork

After all the measures taken related to dismissal to reduce staff, the moment comes when the employee must be handed a work book and all payments due. After that, he must sign an order confirming this fact.

When preparing the order, the personnel specialist of the organization must indicate in it the exact wording of the grounds for dismissal, indicating the paragraph, part and article of the Labor Code. After that, fill out the work book, put your signature on it and certify all this with the seal of the organization. The entry in the employment record should be as follows: "Dismissed due to layoffs on the basis of paragraph 2 of part 1. Other wording is not used, because the citizen is dismissed from work for layoffs, and not for other reasons.

All documents related to the implementation by a person of his labor activity, as well as all required to him cashmust be issued to the employee on the day of dismissal.

Unacceptable moments

At a time when there is a layoff at work, it is unacceptable to take new people to the available vacancies. This would be a serious offense on the part of the manager, as he must offer data vacancies only to persons who are threatened with dismissal on this basis. The level of education of workers does not matter in this case.

It is unacceptable in the final financial calculation to deduct from the employee's salary for the annual leave that has already been granted, if at the same time 12 months have not been fully worked.

In a situation where redundancies take place at work, the rights of an employee in no case can be somehow infringed upon by the management. This primarily applies to timely payments, otherwise the dismissed may seek protection from the courts.

Contacting employment authorities

After the employment contract with the employee has ended on the basis of dismissal due to staff reductions, the citizen has every right and even is obliged to apply to the employment authorities within 10 days from the date of his calculation. In this case, his average earnings will remain for the third month.

The employment service, in turn, should help the unemployed find a vacancy that interests him. As a rule, for those who want to work, a good and suitable job... Downsizing as a basis for further layoff labor activity does not affect in any way, but at the same time it gives an opportunity for a person registered with the employment authorities to receive the maximum amount of benefits due for unemployment.

Job search

But sometimes the employment service does not provide attractive vacancies, so you have to go looking for them yourself. At the same time, you need to spend a lot of effort to find a really interesting and paid position.

Finding a suitable vacancy is always morally difficult. This is especially difficult when the dismissed person went through layoffs. Job search in this situation is further complicated by the fact that it is difficult to find a job with a decent salary. That is why many citizens subject to redundancy try to stay on the same place, even if in a different position and with a lower salary. This is better than being unemployed and receiving a small benefit from the employment center.

A good job after the layoff is likely to go to someone who has extensive experience in his profession and is busy looking for a new vacancy.

Illegal reduction

In practice, there are cases when employers by any means try to get rid of annoying subordinates. In this case, methods such as illegal or "imaginary" reduction are also used. In this case, the head does not carry out any measures indicating preparation for dismissal. The employee is simply verbally warned that his position will be reduced, and given a period of two months so that he looks for another job.

In the event of an illegal reduction, no payments, except for the salary, are made to the citizen, although they are prescribed on paper. At the same time, few people apply to the judicial authorities for the protection of their rights, although such cases are quite common.

Arbitrage practice

Court hearings between a subordinate and his employer are not uncommon in modern justice. At the same time, the law is almost always on the side of the employee, and not his boss.

Let's give an example from judicial practiceillustrating the situation.

The citizen worked as a foreman at the factory. After the manager was replaced, he started having problems at work. New boss I wanted to arrange another person for this position, but I could not dismiss the employee, there was no reason. Then the HR specialist advised the management to carry out the "imaginary" reduction procedure, about which to notify the master 2 months in advance. At the same time, no other vacant positions were offered to the latter, and he was fired. And another person was quickly accepted to this place. Upon learning of this, the former subordinate filed a lawsuit against the chief.

From the decision of the court it follows that, in the event that at work the reduction of staff, the citizen subject to it must be offered another existing position. In this case, this was not done. In addition, there was no staffing table, testifying to the reduction of this profession. In this regard, the judicial authority satisfied the latter's claim and reinstated him at work; in addition, it collected a sum of money from the employer as compensation for moral damage.

In case of violation of labor legislation, an unlawfully dismissed person has the right to reinstatement at work. Reduction and subsequent completion labor relations in this case, they can always be appealed through the courts.

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