What should an employee do if he was not paid a bonus? What to do when they do not pay the due premium? Is it possible not to pay a premium

Is the organization obligated to pay bonuses to employees if it has previously done so on permanent basis? Supreme Court figured out the remuneration system in organizations where salaries are balanced at the level of the minimum wage, and the main part of the pay is precisely the bonus. The conclusions of the judges were disappointing for the workers.

What happened?

The Supreme Court of the Russian Federation considered a dispute between an employee of a credit institution and his employer. The employee wanted to recover from the organization a bonus in the amount of 100 thousand rubles, which the employer paid regularly along with salary and then suddenly stopped doing it. As a result, over the last two months of work, the clerk did not receive these same 100 thousand rubles. At the same time, the salary supplement was provided for by the regulation on remuneration in a fixed amount, but a multiplying coefficient was applied to it, depending on the general indicators of the bank for the month. The size of the coefficient was not limited by anything. As a result, the employer defined it as 0%, and when multiplied by zero, no bonus came out. The employee considered his rights violated and went to court. He argued that the unfortunate coefficient could not be less than 50%, and that is exactly what his regulation on wages says.

You need to pay a bonus, but for good results

The courts of two instances upheld the position of the employee and found the actions of the employer unfair. But the Supreme Court, in ruling No. 69-KG 17-22 dated November 27, 2017, indicated that in Article 191 of the Labor Code of the Russian Federation, which alone regulates the payment of bonuses, this payment is directly dependent on various circumstances that develop in the organization as a result of:

fulfillment by the employee of his duties;
economic success of the organization;
other conditions determined by the employer in local regulations.

At the same time, the judges stressed that employment contract with the plaintiff, the bank did not provide for and did not guarantee him the mandatory payment of the premium. In the regulation on remuneration, to which the plaintiff referred, it is said that the bonuses to the salary of employees directly depend on the result of the bank's work, and they are not included in the list of guaranteed payments. The judges stressed that none of the bank's local acts there is talk that the monthly bonus is an obligatory part wages.

What should employers do?

Very often bonuses are built into the remuneration system of organizations as the main part of wages. The employee receives a small salary and a large allowance to it. If an organization is in trouble financial situation or the employer begins to treat the employee not too well, he cancels the allowance, and earnings plummet to almost the level of the minimum wage. Therefore, the employee can, as expected, go to court in order to recover the mandatory, in his opinion, bonus. How should employers act so as not to pay anything in excess of the salary in such controversial situations?

In the local regulations of the employer, it is necessary to adhere to the exact wording in terms of the conditions for paying bonuses.
Do not explicitly indicate in the employee's employment contract that the bonus is a mandatory allowance - then its payment is not guaranteed.
The salary must not be set too low. During a lawsuit, this can play into the hands of the employee. In a controversial situation, the plaintiff's salary turned out to be higher than the average for the region, so he was not awarded the award.

The dismissed employee must be paid in full before he leaves the organization permanently. Such a rule is spelled out in the Labor Code and, it would seem, there can be no exceptions. However, even a laid-off person can subsequently receive from a former employer, provided that he was eligible for quarterly or annual bonuses.

The payment of a bonus after dismissal is a separate procedure, which not only the employer, but also the dismissed person should know. When can you count on it, and when can't you? What period is taken to calculate it? What additional amounts can be expected former employee?

Termination procedure labor relations strictly regulated. In general cases, when the employer or the employee himself became the initiator, the dismissal is carried out in accordance with a strictly established procedure. The Labor Code of the Russian Federation provides that, regardless of who initiated the termination of labor cooperation, the employer is obliged to make a full settlement with the employee. Under full calculation it is understood not only the calculation of mandatory amounts, but also. This procedure is legal, since after the termination of the contract, the parties terminate all legal relations and it is possible to prove the fact of non-payments or overpayments only in court.

When terminating an employment contract, the employer must:

Calculate; - wages for the period worked, including mandatory additional payments, - the bonus laid down under the contract, - compensation for.
Subtract from the total calculated amounts: - income tax in the amount of 13%, - amounts withheld on enforcement orders, not more than the established monthly amount, - funds for overalls if the employee has lost it or does not want to return it, - other money withheld at the request of the employee from his salary.

The difference between the funds accrued and withheld must be given to the dismissed person or transferred to bank card no later than the day of his dismissal.

Eligibility for an award

Most organizations introduce a regular bonus system, when the bonus is allocated not according to the personal desire of the management, but according to the results of work.

Bonus systems are different, they can be calculated individually or collectively, issued monthly, quarterly or once a year.

Be that as it may, only those employees who have labor agreements a clause on bonuses is prescribed or such clause is established by other local regulations of the enterprise. But even the presence of the agreed item nullifies claims if, for example, the results of the work were unsatisfactory and there was no profit for the specified period.

In addition to the profitability of the enterprise, it is also worth paying attention to what kind of wording is written in the documents. Many employers so cunningly stipulate the conditions for calculating bonuses that in some cases, upon dismissal, the employee automatically loses the right to receive them.

Any employee of the organization has the right to a bonus, unless it is a collective, and not an individual encouragement. The bonus based on the results of the work is accrued to the main employees, temporary, part-time workers, and even those who are on. In exceptional cases, material incentives are not paid, for example, when employees are reduced due to the lack of profitability of production.

Bonus for a terminated employee

The right to bonuses is stipulated by a number of local documentation:

collective agreement.
Regulations on wages.
Award Regulations.

If bonus payments are prescribed in one of these documents, then the employee can count on receiving them, but subject to the mandatory consideration of the conditions specified in the LNLA.

The monthly bonus is paid, as a rule, before dismissal, together with other compensatory benefits. But even here there may be variations, if the bonus implies a monthly calculation of profit and the establishment of a percentage depending on the value of this indicator, then it is quite possible that the chief accountant will not be able to calculate it upon dismissal without having the data.

With the stipulated quarterly and / or annual bonuses, the legislation obliges the employer to make a settlement even with those employees who have already been dismissed earlier, because in fact they were directly related to profit for the specified period.

It should be borne in mind that the calculation of the amount of bonuses will be based on the worked period, and not on the period of time for which they are provided.

Annual, quarterly bonus

Quarterly or annual bonus payments are paid after the specified period. This is due to the need to prepare all the documentation for the past period and calculate the possible percentage of rewards for well-coordinated work. Of course, this approach does not allow paying the indicated amounts at, therefore, they are paid in the same mode as for the main employees.

The bonus amount is calculated as follows:

The total premium percentage for the specified period is determined.
The total income of the employee for the specified period is calculated.
If the quarter or year was not fully worked out, then only the number of months that was worked out in full is paid.
The payout percentage is multiplied by the actual income and the reward amount is obtained.
Subtract from the amount received.

However, this calculation will not be final. The accrual of bonus amounts for the past period automatically increases income for the past year, which immediately affects the amount of compensation for unused vacation. Upon dismissal, the estimated amounts are calculated based on the funds actually earned for 12 months. When accruing quarterly or annual amounts, the previously taken income automatically increases, which makes the previously calculated compensation incorrect. For this reason, along with the accrual of the premium, the employer is obliged to recalculate the amount of estimated compensation, as well as deduct from the difference to the state budget.

Reasons for refusal to pay

If we operate with the norms of the Labor Code, then it is impossible to refuse to pay bonuses to a dismissed person. Labor legislation establishes only one limitation for such accrual - the correspondence of payment to hours worked. In practice, getting quarterly or annual amounts is not so easy.

The tenant may refuse to pay if:

The collective agreement or regulation on bonuses establishes that incentives are issued only to those who have worked out the full required period. In this case, having worked only 11 months out of the year, the employee will be deprived of the right to receive bonuses.
Payment of bonuses is registered in the local documentation as stimulating. This fact implies that the incentive is given for the worked period, but only to current employees, in order to stimulate their labor processes.

Reasons may or may not be documented. Therefore, each individual case of non-payment requires separate proceedings.

Actions in case of refusal to pay the premium

If the dismissed person was not paid a bonus, which, it would seem, he had the right to count on, he is obliged to fight for his rights.

The outcome of the case will depend on his timely actions. , and failure to make payments belongs specifically to this group of cases, are resolved in the Russian Federation in three instances:

Labor Inspectorate.
Prosecutor's office.
Court.

A dismissed citizen can apply to any of the three instances, but it is better to start with the Labor Inspectorate, at least in order to confirm their rights to receive incentive amounts. The court accepts claims only if there is a violation, that is, a citizen will be required to provide documentary grounds for his claims, attach an employment contract and account statements, as well as other papers available in the case.

If the fact of violation is revealed, then the employer will be obliged not only to pay the premium for the previous period, but also to charge compensation for late payment.

Arbitrage practice

The Krasnoglinsky District Court of Samara considered the case on the claim of a dismissed employee, with whom timely settlements of quarterly bonuses were not made.

The plaintiff filed claims for the payment of her quarterly bonus, as well as the accrual of penalties for the delay in monetary incentives. Prior to the start of the court session, the employer paid the bonus in full, but without taking into account the compensation amounts. The plaintiff corrected her claims, declaring her desire to recover a penalty for issuing quarterly statements.

The defendant presented local documents that indicated the procedure for paying quarterly incentives adopted by the organization. They indicated that the calculation of the premium is made on the 15th day of the second month, which follows the already completed quarter. And the entire period until the end of the current quarter is allotted for the payment of quarterly accruals. What was done in relation to the dismissed. Therefore, the defendant considered the claims for compensation unlawful.

The court considered the case and found that no violation of the law regarding the accrual and payment of bonuses was established, and therefore the plaintiff did not receive satisfaction in this segment of claims.

Is it possible to forfeit awards for disciplinary offenses?

Is it possible to deprive employees of bonuses for being late, refusing to go on a business trip, or other disciplinary offenses? According to Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, for non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions to him:

1) remark;
2) reprimand;
3) dismissal on appropriate grounds.

According to the said article:
It is not allowed to apply disciplinary sanctions that are not provided for federal laws, statutes and regulations on discipline;
When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

The procedure for applying disciplinary sanctions is prescribed in Art. 193 of the Labor Code of the Russian Federation.

However, non-calculation (reduction of the size) of the bonus is a different measure of influence on the employee and does not apply to disciplinary sanctions. This means that in this case, the procedure for applying disciplinary sanctions, established in Art. 193 of the Labor Code of the Russian Federation, does not apply.

Since the bonus system is regulated by the organization's local regulations, the relevant grounds must be spelled out in these acts. In particular, they can provide for a provision that if there are delays, the employee is completely deprived of the bonus or the bonus is accrued using a reduction factor. The legislation does not establish any options for reducing the size of premiums, nor the limits for their reduction.

So, depriving an employee of a bonus is not part of the disciplinary sanctions provided for by the legislation of the Russian Federation. At the same time, deprivation of the bonus in this situation is possible: if the employee does not conscientiously fulfill his labor duties, the employer has the right not to pay him the bonus. In this case, it is necessary to provide in the local regulatory act (for example, in the provision on bonuses) or in the collective agreement the corresponding condition for deprecating bonuses.

The Supreme Court on cases when the premium can not be paid

In Ruling No. 69 KG17-22 dated November 27, 2017, the Supreme Court concluded: if bonuses are not mandatory, the employer has the right not to pay them.

The crux of the matter was as follows. The salary of the chief specialist of the bank was relied on a monthly bonus, provided for by the local regulatory act - the regulation on remuneration. The bonus was calculated on the basis of 66.7% of the salary multiplied by the coefficient of performance of the general bank indicator. The employer did not pay the employee a bonus for the last two months of work, explaining that the general bank rate was 0% and no one received the bonus. In addition, the employer insisted that the bonus payment is optional and is transferred only if there is an appropriate financial opportunity. but former employee He did not agree with this and pointed out that the multiplication factor could not be less than 50%. In support of his words, the plaintiff referred to the regulation on remuneration, which states that this indicator can be equal to 50, 70, 90 and 100%.

The court of first instance refused the employee on the grounds that, according to the Labor Code of the Russian Federation, the bonus is an optional incentive bonus. Having studied the materials of the case, the court noted that the bonus payments were not made in some months, and in other months their amounts were less than usual.

The Court of Appeal agreed with the plaintiff and indicated that the minimum coefficient of 50% guarantees the employee a monthly bonus. The judges noted that the employer cannot arbitrarily set the amount of the bonus or not pay it at its own discretion.

However, the Supreme Court reversed the appeal decision. In accordance with the regulation on remuneration, the bank established and operated a time-bonus remuneration system. The bonus system was introduced in addition to the time-based wage system and ensured the formation of a variable (non-fixed) part of wages - incentive payments that were accrued and carried out in the manner established by the regulation on wages. Incentive payments to bank employees include monthly bonuses based on performance and one-time (one-time) bonuses. The regulation on the remuneration of the bank states that incentive payments are an unfixed part of the remuneration of the bank employee and include the following types payments: monthly bonus based on performance, one-time (one-time) bonuses. After examining these wordings, the court came to the conclusion that the bonuses in the bank were not mandatory.

For your information
To avoid controversial situations with employees, when applying a remuneration system containing a bonus part in an organization, it is necessary to use clear language that makes it possible to unambiguously interpret the bonus part as a payment that is optional.

Deprivation of bonus in connection with the upcoming dismissal of an employee is illegal

In the Appellate ruling dated February 20, 2018 No. 33-1945 / 2018, the Nizhny Novgorod Regional Court concluded that the upcoming dismissal is not a reason for non-payment of the bonus provided for by the local regulatory act.

The judges pointed out that bonuses and other incentive payments are part of the salary, the conditions, procedure and criteria for their implementation can be reflected in the employee’s employment contract or approved in a collective agreement, agreement or local regulatory act (regulation on remuneration, regulation on bonuses, etc. . P.).

When studying the case materials, the court found out that, according to paragraphs 4.1 - 4.5 of the employment contract, the employee's remuneration consists of two parts: fixed and variable. The fixed part of the employee's remuneration is paid monthly in the form of an established official salary and guaranteed by law. compensation payments(surcharges) to the official salary related to the mode of work and working conditions. The variable part of remuneration is an incentive payment (bonuses, allowances) and is made on time, on the grounds and on the terms determined by the collective agreement. Wages are paid to the employee in the manner prescribed by law and the collective agreement that is in force with the employer and determines the specific terms of its payment.

In accordance with clause 11.1.3 Sec. 11 "Social payments" of the unified regulation on remuneration and social payments to employees, which is Appendix 8 to the collective agreement, if funds are available and within the limits of the social fund formed from the net profit remaining at the disposal of the organization, the general director may pay bonuses to employees, except located on probationary period, on holidays (bonuses on the day of the collection worker and two state or republican holidays, additional bonuses from the social fund of the association (including the anniversary date of the association, branch), paid by decision CEO associations).

The court found out that the bonus order was issued before the dismissal of the employee, but after the employer received the relevant application.
Since at the time of the bonus the employee was on the staff, according to the arbitrators, there were no grounds not to give him the bonus.

Recall that according to paragraph 1 of Art. 140 of the Labor Code of the Russian Federation upon termination of the employment contract, payment of all amounts due to the employee is made by the employer on the day the employee is dismissed. If the employee did not work on the day of dismissal, the corresponding amounts must be paid to him no later than the next day after the dismissed employee submits a request for payment.

Thus, the amount of the unpaid premium, compensation for the delay in its payment, as well as compensation for non-pecuniary damage were recovered from the employer.

Cancellation of the provision on bonuses

Can an employer cancel bonus payments? This is only possible under certain conditions. The employer has the right to change the conditions of remuneration determined by the parties in the event that such conditions cannot be maintained due to changes in organizational or technological working conditions.

For your information
In accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration (including the amount tariff rate or the salary (official salary) of the employee, additional payments, allowances and incentive payments) are mandatory conditions of the employment contract.

Changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code (Article 72 of the Labor Code of the Russian Federation). An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Article 74 of the Labor Code of the Russian Federation determines that in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they are allowed change at the initiative of the employer, other than change labor function worker.

Organizational changes may include, in particular:
-changes in the management structure of the organization;
-introduction of certain forms of labor organization (team, rental, contract, etc.).

Technological changes in working conditions are recognized:
-introduction of new production technologies;
-introduction of new machines, machine tools, units, mechanisms;
-improvement of workplaces;
-development of new types of products;
-introduction or change of technical regulations.

For your information
A decrease in sales and a deterioration in the financial situation of an organization cannot be reasons that allow an employer to unilaterally change the terms of an employment contract.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.

note
If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job he has (either a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower paying job), which the employee can perform taking into account his state of health.
At the same time, the employer must offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract with him is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

The employer cannot arbitrarily set the amount of the bonus or not pay it at his own discretion. Bonus payments are usually approved by a local regulatory act: a collective agreement, internal labor regulations, a separate provision, etc. Certain conditions for encouraging a particular employee can be prescribed in an employment contract.

If the organization does not establish that the bonus is a mandatory part of the salary, its payment is the right, not the obligation of the employer. According to the Supreme Court of the Russian Federation, the conditions for awarding a bonus are established by the employer, fixing them in a local regulatory act. In particular, the size of the bonus may depend on the economic performance of the organization. To avoid disputes with employees, it is better to directly indicate in the employment contract and local acts that the premium is not a mandatory payment.

What are the deadlines for paying bonuses under the new wage law in 2016? This is a question on the minds of many accountants. The fact is that from October 3, 2016, a law enters into force, which introduces a deadline for the payment of salaries - no later than 15 calendar days from the date of the end of the period for which it is accrued. (Cm. " "). After the adoption of this law, information of this kind appeared in some media: “legislators have forbidden paying bonuses to employees” or “they will be fined for paying bonuses.” But is it really so? How new law affect the payment of bonuses? What will change in the work of an accountant? Let's figure it out.

Introductory information

Federal Law No. 272-FZ of June 3, 2016 comes into force on October 3, 2016. From this date, a new version of Article 136 of the Labor Code will be in force, providing that the employer is obliged to pay wages to employees no later than the 15th day of the month following the month worked. That is, all employers will be required to pay wages for October no later than November 15, 2016. If the salary payment day falls on a weekend or holiday, then the salary will, as before, be issued no later than the last working day before this weekend or holiday (part 8 of article 136 of the Labor Code of the Russian Federation).

The new wording of Article 136 of the Labor Code: “Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the end of the period for which it is accrued.

When to pay premiums

Bonuses are incentive payments that employers can pay to employees for conscientious performance of work duties or achievement of certain labor indicators.
Bonuses may be included in wages (part 1 of article 129 of the Labor Code of the Russian Federation). To do this, bonuses must be provided for, for example, by the provision on bonuses or the employment contract. These documents prescribe, among other things, the rules for bonuses:

indicators for which the premium is calculated;
the procedure for calculating the premium;
conditions under which the premium is not assigned.

The bonus established in this way is an element of the wage system. And if so, then according to the new article 136 of the Labor Code of the Russian Federation, from October 3, bonuses must also be paid no later than 15 calendar days from the end of the period for which bonuses are accrued. And this, indeed, can lead to certain problems. Let's take everything in order.

What are the prizes

Depending on the frequency of payment, the following types of premiums are distinguished:

At the same time, depending on the grounds for paying bonuses, they can also be divided into production and non-production.

Production bonuses

Monthly, quarterly and annual bonuses can be both production (for example, monthly bonuses that are part of the salary) and non-productive (for example, monthly bonuses for employees with children). However, more often the payment of these bonuses, nevertheless, is inextricably linked with the results of work and the achievements of employees. After all, few employers can afford to pay bonuses without taking into account performance.

Monthly bonuses

Most employers pay monthly bonuses based on the results of a month already worked. However, before issuing a bonus order, management needs some time to evaluate performance for this month: for example, it is necessary to analyze sales reports and / or compare historical data with previous periods. And only after the analysis, make a decision about who is entitled to a monthly bonus and who is not.

It turns out that in order to evaluate the results of work for whole year, only a few January working days remain for the accrual and payment of bonuses and employers. How to be in time?

Non-production bonuses

Wages are, first of all, remuneration for work (Article 129 of the Labor Code of the Russian Federation). However, non-productive bonuses (for example, monthly bonuses to employees with children) are not related to the labor success of employees. Respectively, integral part salaries do not count. Therefore, the provisions of the new Article 136 of the Labor Code of the Russian Federation do not apply to non-production bonuses. Non-production bonuses can be paid at any time determined by a local regulation or an employment contract.

Violation of deadlines: consequences

The law, which will come into force on October 3, 2016, significantly toughens the responsibility of the employer for non-compliance with the terms of payment of wages. In particular, from October 3, 2016, the amount of monetary compensation for delayed wages will increase. From this date, the amount of interest for the delay will be determined based on 1/150 of the key rate of the Central Bank for each day of delay.
Also, from the specified date, administrative fines for late payment of earnings have also been increased. For organizations, the amount of the fine can reach: for a primary violation - 50,000 rubles, for a repeated one - 100,000 rubles.

Solution options

Official clarifications or recommendations government agencies So far, unfortunately, there is no information on how employers can act in this situation. We do not rule out that by the time the new law comes into force (by October 3) such clarifications will appear. But while they are not there, we will try to independently evaluate several possible options for employers.

Transfer of premiums

Suppose that the employer does not have time to pay the monthly bonus for October by November 16, 2016. In this case, theoretically, the bonus for October can be issued later - in December 2016, along with the salary for November. However, in the order not to pay the bonus, it should be called the November bonus. And then everyone will be happy: the employee will receive a well-deserved bonus, and the employer, at least formally, will not violate the requirements of the new article 136 of the Labor Code of the Russian Federation in terms of meeting deadlines.

Quarterly bonuses are more difficult. You can postpone the payment of premiums for the 3rd quarter of 2016, for example, to January 2017 (when the premium will be paid for the year). Thereby, quarterly bonus for 9 months of 2016 can be "veiled" in annual bonus. But then the employees will receive the bonus for the quarter with a significant delay. Many people may not like this. Another option is to pay the bonus for 9 months not in October, but in November (along with the salary). But then the premium will need to be carried out as a monthly premium for October.
As for the annual bonus for 2016, if you do not have time to pay it before January 15, then you can theoretically pay it along with the payment of the monthly bonus for January (that is, in February 2017).

With such transfers, premiums will constantly have to be called premiums for other periods. This, at least, is very inconvenient for accounting. Moreover, the legislation will be observed only formally. And it is possible that such an approach will be revealed during the inspection by labor inspectorates.

Material aid

The employer has the right to provide financial assistance to the employee (or a member of his family). If material assistance is due to employees in connection with some event (for example, in connection with the birth of children), then such payment is not part of the earnings, since it is not related to labor. Accordingly, financial assistance can be provided to employees without taking into account the deadlines specified in Article 136 of the Labor Code of the Russian Federation (as amended from October 3, 2016).

However, constantly paying financial assistance instead of bonuses (for example, monthly) is rather strange and, moreover, dangerous. The fact is that if you constantly provide financial assistance with a certain frequency, then the inspectors can regard such payments as part of the earnings. And, accordingly, bring the employer to the above responsibility. Moreover, financial assistance is a fixed payment. And bonuses can often be of different sizes.

In addition to a fixed remuneration in the form of a salary or tariff, employers prefer to use various options for additional periodic payments: bonuses for certain results of work. These additional payments can be tied to the performance of both the employee himself and the performance of the unit or company as a whole. Such conditions are usually discussed with the employee during employment. At the same time, the conditions for bonuses are indicated in the employment contract and (or) in the provision on bonuses, if such exists in the organization. The employee gets acquainted with the employment contract and the provision on bonuses before hiring against signature. It should be noted that the situations of termination of the payment of bonuses not recorded in the documents are among the difficult ones, but in the practice of our lawyers there are positive examples of their resolution.

Of course, there are also cases when, when hiring, the payment of bonuses was prescribed in the documents, but after a certain period of time, the bonus ceased to be paid or its size decreased significantly. How to be in such a situation? Let's figure it out.

If the payment of the bonus was clearly indicated in the employment contract, for example, as a percentage of salary or a specific amount, then the employer does not have the right to change this condition unilaterally. This can only be done with the mutual consent of the parties (employee and employer). The exception is cases related to changes in organizational and technological working conditions, then labor Code allows the employer to change the terms of the employment contract unilaterally.

True, it must be remembered that such changes do not belong to the category of ordinary situations. They must be weighty enough and carefully justified by the employer in order to serve as a legitimate reason for changing the conditions fixed in the employment contract. But even in this case, the changes are not introduced all at once. The employee must be warned about their introduction at least two months in advance, during which the previous conditions of payments remain. Also, the employee has the right to disagree with the innovation, then he should be offered another job in the company. If there is no other work or the employee does not agree to do it, then he is fired, paying a two-week severance pay.

If the payment of the bonus is not specifically indicated in the employment contract, but is regulated by the provision on bonuses, and the employer decided to change it, then the introduction of it new edition the employee must also be given at least two months' notice. Similarly to the scheme described above, the employee has the right not to agree to work in the new conditions and receive a two-week severance pay upon dismissal.

Thus, in order to introduce new bonus rules or completely stop paying bonuses, the employer must have good reasons. The introduction of innovations involves a clear procedure, not observing which the employer violates the rights of the employee. For the restoration of violated rights, an employee can apply to the labor inspectorate, the prosecutor's office, or the court.

But not always non-payment of bonuses is a violation of the rights of the employee. Sometimes we are approached by clients who have not changed anything in the terms of bonus payment, the employer has not introduced a new provision on bonuses, and the employee has stopped receiving the bonus. It should be recognized that a number of companies deliberately issue bonus provisions, which are not always easy to understand without legal assistance. Our lawyers can help clarify similar situations and resolve disputes.