Will they get a bonus at work? For what you can encourage employees: what should be the wording of the reason for bonuses. What is the premium for?

V general case bonuses are not an obligatory component of wages, that is, the employer himself decides 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. financial incentives 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 may 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 clear: the payment of the bonus part may or may not take place. To determine this moment, you need to carefully study the conditions and procedure for paying bonuses. As a rule, these data indicate:

  • or in an employment contract, which must be concluded without fail when hiring;
  • or in a local act of organization: for example, Regulations on bonusesand, with which all newcomers should also be familiarized under the signature during the registration process.

It will not work to bring to responsibility in the form of deprivation of a bonus for a disciplinary offense! The employer cannot independently expand the legislation and establish their own measures of responsibility.

What is important to understand?

1. The payment of the bonus cannot be arbitrary.

The documents (employment contracts, Regulations on bonuses, etc.) must necessarily contain the conditions under which the bonus may not be paid or paid only partially. 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 point follows a very common misconception that any disciplinary offense, whether being late, smoking in the wrong place or solving personal problems work time , automatically leads to the deprivation of the premium (in whole or in part). Nothing of the kind - there is no direct relationship. Legislation, namely regulations part 1 of article 192 Labor Code RF, clearly defines what measures of responsibility the employer can apply in the presence of a disciplinary offense. This:

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

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

Payment procedure

As for the procedure for paying bonuses, here the employer has complete freedom. If an item 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 bonus part or its reduction will already be justified. In other words, the employees will just have the same incentive to do the 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 premium in documents.

3. Another significant point - Prizes cannot be denied! Unfortunately, many people forget that by its nature it 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 fulfilled (for example, the employee has a penalty - see the previous example), then it is more correct to use the wording not “no bonus”, but “ premium not paid", since the person did not earn it - 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 not paid in the maximum amount, the bonus conditions must be transparent and understandable to the staff. As indicators for the payment of bonuses, it is advisable to use quantitative indicators that are easy to calculate and obtain a reliable figure. For instance: " The employee is paid a bonus, the amount of which depends on the completed 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 bonus of 15,000 rublesbley».

It is highly discouraged to use evaluative 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 it seems to the employee that he gave everything 100%, then the immediate supervisor may consider that there were shortcomings and, as a result, reduce the amount of the bonus. To ensure that every bonus payment does not end in litigation, employers need to be extremely careful when describing the terms of bonuses, and employees should carefully study them and, if there is a double interpretation, seek clarification.

5. The payment of a bonus may depend on one indicator (fulfillment of the sales plan), or on several indicators (sales plan, number of returns, number of disciplinary offenses, etc.). At the same time, each indicator, depending on the 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 to 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 the incentive payment will again come to naught. An employee, after evaluating the conditions for paying a bonus, may decide that they are too high, and will not even make efforts to receive it. And even 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 that disclose the payment procedure.

In conclusion, I would like to clarify that employees have the right to demand and count only on those bonuses that are provided for in employment contracts and local documents. Some awards may be one-time. For instance, in 2012, the company successfully completed all projects, and at the meeting the founders decided to issue the so-called13thsalary from a net bonus, in addition to those payments that are provided for by local documents. Such a payment does not mean at all that the employer will be obliged to repeat it next year, even if, according to the results of 2013, a profit is again received.

Unfortunately, in recent years there has been an increase in cases of state enterprises, and in private firms, employers abuse their powers. An employee is practically forced to do work that is not part of 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 worthy reward for it. But what to do if the employer, threatening with dismissal, forces you to do "extra" work? What job can you refuse?

In Art. 69 of the Labor Code of the Russian Federation says that the employer does not have the right to demand from the employee to perform work that is not specified in his employment contract. I will say more, all the functional duties of an employee should be listed in his job description, which is signed by the employee upon employment. But the legislation of the Russian Federation provides for exceptions to this rule. The employee is obliged to perform work not foreseen by him job description and an employment contract in case of force majeure situations, accidents, natural disasters, etc.

If there are none of the above circumstances at the enterprise, the employee has the right to refuse to perform work not assigned to him by the employment contract and job description. Refusal of "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 reward. The amount of remuneration is set at the discretion of the employer and cannot exceed 100% of the salary of the employee, the functional duties that 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 commission on labor disputes or in judicial order. The participation of a trade union committee, provided that such a committee exists at the enterprise, is mandatory in resolving a labor dispute by a labor dispute commission.

Do not be afraid to defend your rights, provided that you are sure that you are right, otherwise the “extra” duties once assigned to you can become yours forever, without additional payment and material incentives for performing non-functional duties.

What rights do employees laid off as a result of staff reduction have, and what are the advantages of this type of dismissal.

What is downsizing?

Reduction of staff is a reduction in the number of employees at the initiative of the management of the enterprise. Typically, an employer cuts staff when it is unable to pay their wages. This happens all the time during the financial crisis, but in calm times you can get laid off.

Good to know!

The employer is obliged to warn employees about the upcoming reduction at least two months before the dismissal, and in writing and against signature.

Important!

The employer does not have the 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 redundancy dismissal procedure is not easy, and employers often make mistakes: they fire those who are not allowed, they draw up documents incorrectly, they violate the terms of the warning ... In any of these cases, you can go to court and reinstate your job. But if you quit under pressure from your boss own will, recovery is not to be expected.

Downsizing is profitable!

Layoff is considered one of the most profitable - for the employee, but not for the employer. The law obliges him to pay damages to the laid-off employee, or rather, to pay compensation. And in order not to pay compensation, employers, reducing staff, often ask their subordinates to write a statement of their own free will.
If you understand that in fact you are being prepared for a layoff, it is in your interests not to allow a staging with "your own desire", but to achieve compliance with the entire dismissal procedure for staff reduction. In this case, the employer will be required to do the following.

STEP 1

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

STEP 2

If you refuse an offered position, the employer must compensate you material damage from job loss.

Firstly, the law guarantees you at least one month of comfortable existence at the expense of the former employer. Upon termination, you must be paid severance pay in the amount of your average monthly income.

Secondly, if you do not get a job within a month, you should be paid the 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 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 your former employer pay you another salary. However, it is important to understand that the third salary will be paid to you only if the exchange really does not find a job suitable for you. If you simply refuse vacancies that suit you, you will not only not receive a third salary, but you can also fly out of the labor exchange.

BY THE WAY

If, after the reduction, you enter the labor exchange on time, within three months after the dismissal, you will be kept uninterrupted work experience.

Calculation rules

The day of dismissal is considered the last day of work. 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 each 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 for redundancy. Say, if you were fired on a reduction, 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 laid off on a reduction. After all, this is a big 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.

Work in crisis

In order not to be among the dismissed, try to adhere to some rules:

Show diligence

In order to demonstrate to the management your industriousness, you will have to work tirelessly. You will have to stay at work if you are asked to finish something or do something that is not your job. If you want to keep your job, you have to accept 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 stay late for lunch, now you should not do this. All this is a reason to find fault with you and fire you.

Remind yourself of your importance

Think about what exactly you did for the company: you signed an important contract, overfulfilled the plan more than once ... And unobtrusively mention this at every opportunity in conversations with colleagues and with management. No need to be modest, now it's useless. Bosses don't have to remember the accomplishments of all employees, and it's good to remind them how valuable you are to the firm.

Exercise your composure

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 to put pressure on pity, or whisper with colleagues on the sidelines. Better devote maximum time to work - the authorities will appreciate it.

Be prepared to compromise

Hot temper, inflexibility, conflict - these qualities will not play into your hands during a crisis at work. It’s hard for the leader now no less than for the subordinates. And no one wants to waste their nerves on an obstinate worker. Try to curb your character and make it comfortable to work with you. At work, be calm and friendly. With all your appearance, show that you know your business and this is the main thing for you.

"Why should we hire you?" - This question is very often used during interviews with potential employees. Unfortunately, a weak answer to this question can greatly reduce your chances of getting a job. To answer this question well, you need to prepare in advance for the interview and try to clearly formulate for yourself a list of your skills that meet the goals of the employer's company.

Steps

Part 1

Preparing for a Question

    Study the company. Even before the interview begins, you should have an understanding of the company's culture and hiring practices. If possible, get other employees' examples of what type of personality suits the position best so that you can explain how suitable you are.

    Review 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 requirements of the employer. Write a detailed answer next to each item of qualifications that the employer requires in the job description. Remember that you must answer the question why you are the solution to the employer's problem.

    • For example, if the job description mentions the requirement for experience in leadership of a small group, list all the positions you have held and the accomplishments you have achieved.
    • Use any relevant experience, including work outside this field. For example, if you worked in a fast food restaurant while you were at university and managed other people, that too is a relative experience.
    • You can also note volunteer experience, especially if you haven't had many jobs. For example, running a club or camp, or even coaching intramural sports teams, counts as management experience.

  1. Choose 3-4 items. Once you have compared your skills to those required, choose the best 3-4 and focus on them when answering. You shouldn't give inaccurate answers, so choose the ones where your experience best matches the important parts of the ad.

    Try to answer. Try to answer the question while standing in front of a mirror. Then move on to family and friends. Just do it a couple of times to remember the main meaning. Your answer should not look rehearsed, but the main point should be imprinted in your memory.

    Note what you couldn't say. Maybe you did not emphasize your human qualities. Or perhaps you weren't able to tell about your computer skills. Make notes about this so you can refer to them in an open question such as "Why should I choose you?"

    Assess what the interviewer thinks of you. You may notice that the interviewer thinks you are overqualified if he keeps asking questions about your years of experience, about how you will work with people under your leadership who will be younger than you. It can also be the other way around - you may notice that the interviewer thinks that you do not have the right skills for the job if he asks about your skill in which you are not strong.

    Find out more details. If the job description didn't have a lot of detail, feel free to ask a couple of questions yourself. This will give you a better understanding of what the job is and will be able to answer questions more directly.

    • Ask questions like "On what tasks the new employee will have to focus from the beginning?” or “What qualities do you mostly look for in new hires?”
    • You can also ask questions such as "How is a typical day in this position?"

Part 3

Answer to the question

  1. Start with the situation in general. Once you start answering the question, focus on how you fit the position. And that's it, talk about your previous experiences and objectively tell how you were valued in the last company. For example, you might say that you were the youngest member of the management team there, as this shows that you can handle the position.

  2. Refer to the three qualities that make you suitable for the position. 3 examples based on achievements will show that you are very prepared for the task. In addition, this approach will justify your answer - and this is much better than beating 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 reasoned answer.

  3. Be specific when it comes to your experience. 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 a common response such as "An experienced manager will boost employee morale and help the company grow."
    • Instead, try answering something like this: “You should accept me because I've been leading the group for 10 years. During this time, I have reduced employee turnover and increased productivity by 10%.” This answer gives you a personal reason why you are a good fit for the position listed in the ad.

  4. Put emphasis on the company. When answering, do not focus on why you want this job, or on the fact that the position will suit you. Instead, pay attention to what you can give to 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 be the best at this job. My background in art history and volunteering in galleries gives me the skills to you will need . Continue by adding a couple of skills that you have accumulated over the previous years.

  5. Use what you have learned. Use this time to use what you learned during the interview. Combine your skills with those required by the company. 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 work.
    • You can say something like: "On my previous work I handled all office calls and the numbers showed that clients were happier on my shift."

This is a long and very responsible process for any employer. Because it involves notifying the persons to be reduced two months before the date of its implementation, as well as paying them all the money due, 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 carrying out layoffs to reduce staff, 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 beyond the positions laid down in it;

Notify subordinates about this 2 months in advance;

Offer workers other vacancies that are available in the organization;

Notify the employment authorities within the period specified by law.

If a citizen already knows in advance that there is a reduction at work and that he falls under it, then you can immediately discuss this issue with the manager. After all, you can get all the necessary payments before two months and find a new one faster. vacancy, unless, of course, it is impossible to stay the same.

Making redundancies is expensive

In fact, the dismissal of employees due to staff reductions is not only a long time, but also not a very cheap procedure. At the same time, the boss needs to pay people not only wages and compensation for vacation that was not used, but also severance pay for two months. In addition, if a citizen, after the reduction, 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 former leader for the third month. That is why many employers try to bring their subordinates under dismissal of their own free will. Then you don't have to pay them that much money.

In the event that there is a reduction in work, but the boss nevertheless forced the objectionable employee to leave of his own free will, such a dismissal can be appealed through the court. Only for this will need witness 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 made 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 great trouble for his boss, up to and including litigation.

In a situation where there is a reduction in work, the rights of the employee should not be infringed upon by his boss. The latter is obliged to offer the former all available vacancies that can be specified in the notice itself.

The cut notice looks like this:

00.00.00 _______________

Dear __________________ (full name of employee)!

We notify you that due to the downsizing of your position, _____________ is subject to reduction by __________ (the number, taking into account two months from the specified date of notification).

We offer you a choice of available vacancies ______________ (name of vacancies). In the event that you agree to work in another position, please inform the Human Resources Department of the organization (name) Human Resources Specialist in writing before the expiration of two months from the date of receipt of the notification.

Sincerely, Director of LLC ________________ (signature transcript).

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 paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, the manager must fully pay him and pay:

Salary for all hours of work.

Compensation for vacation if it was not used. If the employee was already on vacation, but the period was not fully worked out, then with a reduction in deductions from his salary, no deductions are made for this.

In the amount of two months' earnings. In the event that an employee, after dismissal, applied to the employment authorities, but was not employed, he retains this earnings for the 3rd month. At the same time, it is necessary to provide the former management with its work book or a certificate from the employment center that he is registered with them.

Full settlement with the employee must be made on the last day of his labor activity, otherwise it will be a violation of Article 140 of the Labor Code.

The right to keep a job

If there is a reduction at work, then only those persons who have the highest labor productivity and qualification.

In the event that all employees are of equal productivity and high qualification, preference should be given to an employee who:

Has two or more dependents for whom the salary of this person is the main source of livelihood;

Is the sole breadwinner of the family if no other member of the family has a job or other income;

Received an illness in the exercise or other serious injury in this organization;

Is an invalid of the Great Patriotic War or a disabled person who was injured during the defense of the Fatherland;

Raises his level of education in the direction of management without interruption from work.

Paperwork

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

When preparing an 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 a work book, put your signature in it and certify all this with the seal of the organization. The entry in the labor should be as follows: “Dismissed due to redundancy on the basis of clause 2 of part 1. Other wording is not used because a citizen is dismissed from work due to redundancy, and not for other reasons.

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

Invalid moments

At a time when there is a reduction in work, it is unacceptable to accept new people for existing vacancies. This will be a serious violation on the part of the manager, as he must offer data vacant positions only to persons who are threatened with dismissal on this basis. The level of education of employees in this case does not matter.

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

In a situation where there is a layoff at work, the rights of the employee in no case can be somehow infringed on the part of the management. This primarily applies to timely payments, otherwise the dismissed person may apply for protection to the judicial authorities.

Contacting the employment authorities

After labor contract with an employee ended on the basis of redundancy, the citizen has every right and is even obliged to apply to the employment authorities within 10 days from the date of his calculation. In this case, he will retain the average earnings 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. Reduction of staff as the basis for dismissal for the next labor activity does not affect in any way, but at the same time it makes it possible for a person who is registered with the employment authorities to receive the maximum amount of benefits due to unemployment.

Work searches

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 in the case when the dismissed person went through a reduction. The search for a job in this situation is further complicated by the fact that it is difficult to find a place with a decent salary. That is why many citizens who are subject to layoffs are trying to stay on same place, albeit in a different position and with a lower salary. This is better than being unemployed later and receiving a small allowance from the employment center.

A good job after the reduction is likely to go to someone who has extensive experience in their profession and is hard at work looking for a new vacancy.

Illegal reduction

In practice, there are cases when employers by any means try to get rid of annoying subordinates. At the same time, such methods as illegal or "imaginary" reduction are also used. In this case, no activities indicating preparation for dismissal are carried out by the head. The employee is simply verbally warned that his position will be reduced, and given a period of two months to look for another job.

In the event of an illegal reduction, no payments, except for wages, are made to the citizen, although they are written down on paper. At the same time, few people turn to the judiciary for the protection of rights, although such cases are quite common.

Arbitrage practice

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

Let's take an example from judicial practice illustrating the situation.

The citizen worked as a foreman in a factory. After the manager changed, he started having problems at work. New boss I wanted to arrange another person for this position, but I could not fire the employee, there were no grounds. Then the personnel specialist advised the management to carry out the procedure of "imaginary" reduction, about which to notify the foreman 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 taken to this place. Upon learning of this, the former subordinate filed a lawsuit against the boss.

It follows from the court decision that, in the event that there is a reduction in staff at work, a citizen subject to it should be offered another available position. In this case, this was not done. In addition, it did not appear staffing indicating the reduction of this profession. In this regard, the judicial authority satisfied the claim of the latter and reinstated him at work, in addition, recovered from the employer a sum of money as compensation for non-pecuniary damage.

In case of violation of the norms of labor legislation, an illegally dismissed person has the right to reinstatement at work. Downsizing and subsequent termination labor relations in this case, they can always be appealed through the judicial authorities.

 

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