28. Employees are paid bonuses for conscientious performance of official duties at the rate of three salaries per year * (31).

29. The bonus is paid monthly at the rate of 25 percent of the salary established for the employee on the first day of the month for which the payment is made.

30. The bonus is paid in proportion to the time the employee performs his official duties in the corresponding calendar month.

31. The calculation period for payment of the bonus includes the time of training, vacations with retention of pay, and release from official duties due to temporary disability.

32. The amount of the bonus for each calendar day of service is determined by dividing the full amount of the bonus for the month, determined in accordance with paragraph 29 of this Procedure, by the number of calendar days in this month.

33. To employees enrolled in the order, bonuses can be paid based on the order of the manager, taking into account the actual volume of official duties performed by them within 25 percent of the salary.

34. Based on the order of the manager, the bonus is not paid in the following cases:

1) temporary suspension of an employee from performing official duties;

2) removal of an employee from performing duties related to the possible use of physical force, special means and firearms.

35. Based on the order of the manager, employees who have a disciplinary sanction of “severe reprimand”, “warning of incomplete official compliance”, “transfer to a lower position”, the bonus is not paid within one month from the date of their disciplinary action.

36. Based on the order of the manager, the bonus in the month of dismissal is not paid when an employee is dismissed for the following reasons:

1) gross violation of official discipline by an employee;

2) repeated violation by an employee of official discipline if he has a disciplinary sanction imposed in writing by order of the director or manager;

3) the employee’s refusal to transfer to a lower position in order to execute a disciplinary sanction;

4) violation of the terms of the contract by the employee;

5) failure by an employee to comply with restrictions and prohibitions established by federal laws * (32);

6) loss of trust;

7) submission by an employee of forged documents or knowingly false information when enlisting in the National Guard troops, as well as submission by an employee of forged documents or knowingly false information confirming his compliance with the requirements of the law during his service in the National Guard troops Russian Federation insofar as it concerns the conditions for filling the corresponding position in the National Guard troops, if this does not entail criminal liability;

8) conviction of an employee for a crime, termination of criminal prosecution against him after the expiration of the statute of limitations, in connection with the reconciliation of the parties (except for criminal cases of private prosecution), as a result of an amnesty act, in connection with active repentance, except for cases when at the time of termination contract and dismissal from service in the National Guard troops, the criminality of the act previously committed by him was eliminated by criminal law * (33);

9) committing an offense that discredits the honor of an employee;

10) violation by an employee of mandatory rules when concluding a contract.

V. Regional coefficients, coefficients for service in high mountainous areas, in desert and waterless areas, percentage bonuses for service in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote areas

37. For the pay of employees serving in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, coefficients are established (regional, for service in high mountainous areas, for service in desert and waterless localities) and percentage allowances for service in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, in high mountain areas, desert and waterless areas, provided for by the legislation of the Russian Federation * (34 ).

38. To apply coefficients and percentage allowances, the following are taken into account in the monetary allowance:

1) official salary;

2) salary for a special rank;

3) monthly bonus to salary for length of service (length of service);

4) monthly bonus to the official salary for a qualifying title;

5) monthly bonus to the official salary for special conditions of service;

6) monthly bonus to the official salary for work with information constituting a state secret * (35).

39. The sizes of coefficients and percentage allowances, as well as the rules for their application, are determined by the Government of the Russian Federation * (36).

In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 N 306-FZ "On monetary allowances for military personnel and provision of individual payments to them"(hereinafter - the Law) the bonus is set in the amount of up to three salaries (per year). The rules for paying bonuses are determined by the Government of the Russian Federation.
Rules for the payment of bonuses to military personnel performing military service under a contract for conscientious and efficient execution job responsibilities(hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of December 5, 2011 N 993 “On the payment of bonuses to military personnel for the conscientious and effective performance of official duties and annual financial assistance.”

Currently, quite often in the field, a practice is used when a military serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, non-payment of a bonus or a reduction in its size is carried out repeatedly only in the presence of a previously received disciplinary sanction and in the absence of collections received in the month for which the payment is made.

Let's look at this problem in more detail.
According to clause 210 of the no longer in force Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200, commanders (chiefs) had the right to completely deprive military personnel of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by these very long-lost norms, while the current Procedure does not contain similar norms.

The bonus is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.

The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither omissions from service nor disciplinary sanctions are indicated in this list. Accordingly, even if there are any, the premium must be paid. The only question is in what size. Establishing this amount in accordance with clause 80 of the Procedure is within the competence of the relevant commander (chief) who issues the order to pay the bonus. However, taking into account the above, in the case under consideration it cannot be equal to zero. In addition, size as a concept is a positive quantity.

Unfortunately, neither the minimum amount of the bonus, nor the clear legal criteria by which the quality of performance of official duties is assessed, have currently been determined, which, of course, creates certain preconditions for unreasonably broad discretion officials when deciding on its payment. To be fair, it should be noted that developing such criteria is not an easy task.

The Procedure does not contain any instructions regarding the minimum and maximum amount by which a premium reduction is allowed. Therefore, in principle, it would be legal to reduce the premium, for example, by either 5% or 95%.

We also note that reducing the size of the bonus is the right, and not the obligation, of the commander (chief). The receipt of a disciplinary sanction by a military personnel does not entail an automatic reduction in the bonus, much less, taking into account the above, its deprivation. The recovery is taken into account when determining the amount of the premium. How to take into account is the competence of the relevant official. If certain conditions are present (for example, high performance in solving assigned tasks, high-quality and effective performance of official duties, etc.), the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the recipient . And it will be absolutely legal.

However, the most interesting issue is the issue of repeated reduction (and in practice, more often complete deprivation) of the bonus for the same disciplinary sanction.

As already noted, the previous Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200, provided for a reduction or deprivation of bonuses on the basis of quarterly reports of immediate superiors, in which specific specific the reasons that served as the basis for such a reduction (deprivation). Having referred to the disciplinary sanction received in the quarter for which the bonus was given as a reason for reducing (depriving) the serviceman of the bonus, the immediate superiors, when submitting a report on the bonus for another quarter, did not repeatedly refer to the same reason as a matter of course. After all, the serviceman, as they say, has already received his due. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the submission of such reports, and as a result of the incorrect, in the author’s opinion, interpretation by the relevant commanders (superiors) of paragraph 80 of the Procedure, a practice has developed according to which, when determining the amount of the bonus, all outstanding disciplinary sanctions are taken into account.

This approach seems unlawful for the following reasons:

Firstly, a disciplinary offense from the moment of its detection and suppression, as a rule, cannot influence in the future the quality and efficiency of performance of official duties by the person who committed it.

Secondly, despite the fact that deprivation of a bonus, strictly speaking, is not a disciplinary measure, its repeated reduction (deprivation) on the sole grounds that the serviceman has an outstanding disciplinary sanction, in fact, is nothing more than repeated punishment (punishment in rubles) for one and the same offense.

Third, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the performance of official duties by military personnel in the month for which the bonus is paid (i.e., the bonus is, in fact, paid based on the results of work for the month), then, accordingly, the availability An unresolved disciplinary sanction for an offense committed outside the bonus period does not in itself affect the quality and efficiency of performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of paragraph 80 of the Procedure “taking into account existing disciplinary sanctions for disciplinary offenses committed,” in the author’s opinion, should be understood nothing more than “taking into account existing disciplinary sanctions for disciplinary offenses committed in the month for which the bonus is paid.”

Fourth, according to Art. 2 of the Law, the bonus is an integral part of the salary of military personnel. Therefore, reducing its amount to a serviceman who conscientiously performed his official duties in the month for which the bonus is paid, only on the basis that he previously (outside the bonus period) received a disciplinary sanction, is nothing more than discrimination in wages, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that currently military personnel and persons civilian personnel receive, as provided for in the Procedure for determining and spending the volume of budget funds allocated for additional payments to military personnel undergoing military service under a contract, and bonuses for civilian personnel of the Armed Forces of the Russian Federation, additional material incentives in the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010 “On additional measures to increase the efficiency of using funds for military allowances and wages for civilian personnel of the Armed Forces of the Russian Federation.”

According to clause 7 of this Procedure, the specific amounts of additional material incentives are determined within the limits of the volume of budget funds allocated for these purposes, based on the results of the performance of official duties by military personnel and civilian personnel during the period for which additional material incentives are provided. At the same time, orders for the payment of additional material incentives to military personnel and civilian personnel are issued on the basis of reports submitted by immediate commanders (chiefs, managers).

It has already been said above that there are no clear normatively established criteria for assessing the quality and effectiveness of the performance of official duties used when deciding on bonuses, just as there were and are no normatively established criteria for assessing the results of their performance, taken into account when paying material benefits. stimulation. The discretion of officials when deciding on the amount of additional material incentives was (and, in principle, remains) so wide that it gave rise (and gives rise) to numerous complaints from both military personnel and civilian personnel, as readers are well aware of.

In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010, the following are not eligible for additional material incentives:
- military personnel receiving additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- military personnel who have received a disciplinary sanction for gross disciplinary offenses committed during the period for which an additional payment is made, as well as those who have unsatisfactory results in professional (commander) and physical training;
- persons of civilian personnel who have received a disciplinary sanction for failure to perform or improper performance through their fault of the labor duties assigned to them;
- military personnel and civilian personnel who committed violations in financial, economic and business activities, resulting in damage to the Armed Forces of the Russian Federation and reflected in audit reports (inspections of individual issues) of financial, economic and business activities, as well as commanders (chiefs, managers), those who have not taken decisions on registered violations in the specified activities and measures to compensate for damages in accordance with official powers.

As we see, “persons” known to us appear here: disciplinary sanctions, results of checks on professional (commander) and physical training. True, we are talking about unsatisfactory results. And they do not affect the amount of financial incentives, but are grounds for refusing to pay them. In addition, the results of the latest inspections are taken into account, regardless of when they were carried out - during the bonus period or outside it.

As for disciplinary sanctions, as we see, penalties are subject to recording only for gross disciplinary offenses committed by military personnel only during the bonus period.

#bonus #money #payments #money contentment

The reason for writing this article was the controversy and ambiguity of some legal norms governing the procedure for paying bonuses for conscientious and effective performance of official duties (hereinafter referred to as bonuses), and, as a consequence, the lack of a unified approach among officials to the implementation of this procedure.

In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 (hereinafter referred to as the Law), the bonus is set in the amount of up to three salaries (per year). The rules for paying bonuses are determined by the Government of the Russian Federation.
The rules for paying military personnel performing military service under a contract bonuses for the conscientious and effective performance of official duties (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of December 5, 2011 N 993 “On the payment of bonuses to military personnel for the conscientious and effective performance of official duties and annual material assistance."

The rules establish the following.
1. The bonus is paid to military personnel performing military service under a contract (hereinafter referred to as military personnel), in the amount of up to three monthly salaries of a military personnel per year.
2. The premium is paid monthly or quarterly. Payment of the bonus is made simultaneously with the payment of salary in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).
3. The bonus is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - the monthly salary in accordance with this military position), established for 1- e is the day of the month in which the bonus is paid, and in December - on December 1 of the current year.
4. The size of the bonus depending on the quality and efficiency of performance of official duties by military personnel and procedure for its payment <1>are established by the Minister of Defense of the Russian Federation, the heads of federal executive bodies in which military service is provided for by federal law, respectively, in relation to military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, by the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, by the Chairman Investigative Committee of the Russian Federation - in relation to military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.
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<1>Here and further it is highlighted by me - R.T.

5. For military personnel who served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for less than a full month (quarter), a bonus is paid for the time of actual performance of duties in a military position based on the salaries on the day the decision to pay the bonus was made.
6. The bonus is not paid to military personnel:
- undergoing military service in military units(organizations) where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a bonus system has been established for them for fulfilling and exceeding production targets and other indicators;
- sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;
- during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance by them of duties in vacant military positions;
- those dismissed from military service on the grounds specified in paragraphs. 1 - 5, 7 - 11 hours 4 tbsp. 3 Laws.
7. In the event of the death of a military personnel, the bonus accrued during the actual performance of his duties in a military position in the corresponding month (quarter) is paid to his spouse, in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a military serviceman, in equal shares, or parents in equal shares, if the serviceman was not married and had no children.
The procedure for paying bonuses to military personnel of the Armed Forces of the Russian Federation is established by paragraphs 77 - 83 of the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation (hereinafter referred to as the Procedure), approved by Order of the Minister of Defense of the Russian Federation dated December 30, 2011 N 2700.
Let us immediately note one fundamental point - the Rules delegate to the Minister of Defense of the Russian Federation only the right to determine the procedure for paying the bonus, and not the rules for its payment, which have already been established by the Government of the Russian Federation.
Here, of course, the question arises about the relationship between the concepts of “rules” and “order” and the boundary between them. Can order as such contain rules, and rules contain order? Perhaps it can.
Explanatory dictionary of the Russian language S.I. Ozhegova contains the following interpretation of the terms “rules” and “order”:
- a rule is a decree, an order that establishes the order of something<2>;
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<2>Ozhegov S.I. Dictionary of the Russian language: 70,000 words / Ed. N.Yu. Shvedova. 21st ed., revised. and additional M., 1989. P. 574.

Order - the sequential course of something, the rules by which something is done<3>.
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<3>Right there. P. 564.

A large legal dictionary reveals the term “rules” as a form of normative legal act that establishes procedural rules that determine the procedure for carrying out any type of activity<4>.
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<4>Large legal dictionary. URL: http://juridical.Slovaronline.com/P/PR/4573-PRAVILA (date of access: 04/08/2014).

Thus, as we see, one of the concepts is revealed through the other and the boundary between them is very conditional.
Nevertheless, it can be stated with sufficient confidence that the Procedure cannot introduce additional criteria (conditions) for the payment of a bonus or additional criteria by which its specific size is established, as well as conditions under which the bonus is not paid. At the same time, the Rules provide for only one criterion taken into account when determining the amount of the bonus - the quality and efficiency of the performance of official duties by military personnel. The Rules also provide an exhaustive list of cases in which the premium will not be paid.
The payment procedure, the establishment of which is delegated to the Minister of Defense of the Russian Federation by the Rules, should be understood specifically as the legal regulations (sequence of actions) for making a decision on the payment of a bonus and the procedure for its payment. This is a normative regulation of the issues of who makes the decision to pay the bonus, on the basis of which such a decision is made, the timing of the payment of the bonus, etc. These issues were resolved in the Order.
According to clause 78 of the Procedure, the bonus is paid monthly. Payment of the bonus is made simultaneously with the payment of monetary allowance in the month following the month for which the bonus is paid, and in December - for December.
The bonus is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - the monthly salary in accordance with this military position), established on the 1st day month in which the bonus is paid.
According to clause 79 of the Procedure, the bonus is paid based on the order of the relevant commander (chief) in the following amounts:
a) for military personnel performing military service under a contract - up to 25% of their salary per month;
b) cadets and students of military educational institutions of professional education, depending on the results of the past examination session or entrance exams:
- having only excellent grades - up to 25% of salary per month;
- having only good and excellent grades - up to 15% of salary per month;
- with satisfactory grades - up to 5% of salary per month.
As for specific size bonus and the criteria for its payment, then, as follows from clause 80 of the Procedure, this amount depends on the quality and efficiency of the performance of official duties by military personnel in the month for which the bonus is paid, taking into account the<5>disciplinary sanctions for disciplinary offenses committed, results in professional (commander) and physical training, as well as violations in financial, economic and economic activities that resulted in damage to the Armed Forces of the Russian Federation and reflected in audit reports (inspections of individual issues) of financial and economic and economic activities.
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<5>Obviously, there was a typo in the text of the Order. Instead of “having” one should read “available” - R.T.

Thus, we see that along with the quality and efficiency of the serviceman’s performance of official duties, conditions for determining the amount of the bonus, not provided for by the Rules, have appeared, such as disciplinary sanctions, results in professional (commander) and physical training, as well as violations in financial and economic and economic activities.
This conflict can be looked at in two ways.
If we assume that these conditions are nothing more than independent criteria taken into account when determining the specific amount of the bonus, and the literal interpretation of clause 80 of the Procedure indicates that this is exactly the case, then their introduction into the Procedure should be considered illegal, since, as already As noted above, the Rules provide for only one criterion - the quality and efficiency of the performance of official duties by military personnel.
At the same time, these conditions can be regarded precisely as a kind of subcriteria by which the quality and efficiency of performance of official duties is assessed. Let's assume that this is so. True, a number of questions arise here.
Of course, based on the results of professional (commander) and physical training, one can indirectly judge the quality and effectiveness of a serviceman’s performance of official duties, but only indirectly. It seems that it is more correct to draw conclusions about the effectiveness and quality of performance of duties based on the results of their performance, i.e. based on the results of performing specific tasks that are provided for by these responsibilities.
Taking into account the fact that inspections of professional (commander) and physical training are carried out respectively, as a rule, no more than once every six months and once a quarter, the practice of commanders who, when determining the size of the bonus, take into account the results of inspections, seems quite controversial. received in a month other than the one for which the bonus is paid.
There are also court decisions that declare this practice illegal.<6>. At the same time, the courts indicate that the period for the commander to evaluate the quality and efficiency of the serviceman’s performance of official duties and, accordingly, determining the specific amount of the bonus is established by the Order once a month, and not once a quarter or half a year.
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<6>See, for example: decision of the Znamensky Garrison Military Court of April 4, 2013. URL: http://voensud.ru/post854182.html (date of access: 04/04/2014).

An even more controversial situation arises taking into account the existing disciplinary sanctions.
First of all, we note that in all of the above regulatory legal acts, in relation to the issue of the specific amount of the bonus paid, we are talking about the quality and efficiency of the performance of official duties. At the same time, it is well known that, in addition to official duties, military personnel perform general as well as special duties provided for in Art. Art. 26 - 27 of the Federal Law "On the Status of Military Personnel". For what reasons the legislator limited himself to the criterion of quality performance of official duties only, it is difficult to say. Nevertheless, based on the literal interpretation of the Rules and within the meaning of the Procedure, the quality and efficiency of performance of other duties (general and special) do not affect the amount of the bonus. This is generally confirmed by clause 82 of the Procedure, according to which during the period at which commanders (chiefs) are at the disposal, with the exception of periods of temporary performance of duties in vacant military positions, a bonus is not paid to a serviceman. Although, as readers should know, a serviceman, while at the disposal of the commander (including in the event of failure to perform duties in a vacant position while at the disposal), continues to perform general and special duties. At least I have to.
Thus, if the disciplinary sanction received is not related to the performance of official duties, then it should not formally be taken into account when determining the amount of the bonus.
Let us remind readers that not so long ago, before the Law came into force, the payment of essentially the same bonus to military personnel of the Ministry of Defense of the Russian Federation was provided for by the Rules for the payment of bonuses to military personnel undergoing military service under a contract for exemplary performance of military duty, approved by the Resolution Government of the Russian Federation dated July 14, 2000 N 524, and the relevant norms of the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200.
As we can see, the legislator used a completely different name for the payment - award for exemplary performance of military duty. In contrast to the new definition (conscientious and effective performance of official duties), the previous one, at first glance, was much broader in meaning. But if we turn to Art. 26 of the Federal Law “On the Status of Military Personnel,” we will see that the essence of military duty is revealed exclusively through the general duties of military personnel, i.e. Based on the previous name of the bonus, it was supposed to be paid for exemplary performance of only these duties.
The bonus was paid quarterly. Moreover, you should pay attention to one significant detail in the order of its payment: the decision to pay the bonus, deprive or reduce its size was made by the relevant commanders (chiefs) based on reports from immediate commanders submitted to the command(superiors) with requests for payment of bonuses to subordinate military personnel. In the event of a petition from the immediate superior to reduce or deprive a serviceman of his bonus, he was obliged to indicate the specific reasons that served as the basis for such a petition.
The current Procedure does not contain similar norms, which, in the author’s opinion, is its significant drawback.
Indeed, how can a commander (chief), who issues an order to pay a bonus and who, as a rule, is not even the closest direct superior to the serviceman receiving the bonus and, more often than not, as they say, has never seen this serviceman in the eye, can assess the quality and the effectiveness of the latter’s performance of his official duties? Therefore, it is the opinion of the immediate superior reflected in the report, who, like no one else, can evaluate the work of a subordinate during the bonus period, should be fundamental when making a decision on paying a bonus.
Moreover, in the absence of a report from the immediate superior with a request to reduce the size of the bonus for the serviceman, the relevant official issuing the order for its payment had no grounds for such a reduction, as well as for issuing the order in general. This position is confirmed, in particular, by court decisions<7>.
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<7>See, for example: decision of the Novosibirsk Garrison Military Court of January 21, 2011 N 2-16/2011 // ATP "ConsultantPlus".

Currently, quite often in the field, a practice is used when a military serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, non-payment of a bonus or a reduction in its size is carried out repeatedly only in the presence of a previously received disciplinary sanction and in the absence of collections received in the month for which the payment is made.
Let's look at this problem in more detail.
According to clause 210 of the no longer in force Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200, commanders (chiefs) had the right to completely deprive military personnel of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by these very long-lost norms, while the current Procedure does not contain similar norms.
The bonus is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.
The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither omissions from service nor disciplinary sanctions are indicated in this list. Accordingly, even if there are any, the premium must be paid. The only question is in what size. Establishing this amount in accordance with clause 80 of the Procedure is within the competence of the relevant commander (chief) who issues the order to pay the bonus. However, taking into account the above, in the case under consideration it cannot be equal to zero. In addition, size as a concept is a positive quantity.
Unfortunately, neither the minimum premium amount<8>, nor the actual clear legal criteria by which the quality of performance of official duties is assessed, have not currently been defined, which, of course, creates certain prerequisites for the unreasonably broad discretion of officials when deciding on its payment. To be fair, it should be noted that developing such criteria is not an easy task.
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<8>Some by-laws issued in pursuance of the Rules determine the minimum amount of bonus payable, in particular, in the presence of disciplinary sanctions. see, for example: Order of the Ministry of Internal Affairs of Russia dated December 19. 2011 N 1266 “On approval of the amount and procedure for payment to military personnel of the internal troops of the Ministry of Internal Affairs of Russia serving under a contract, bonuses for conscientious and effective performance of official duties” // Ros. gas. 2012. January 25; Order of the Investigative Committee of Russia dated December 5. 2012 N 77 “On the procedure for paying military personnel holding positions in military investigative bodies of the Investigative Committee of the Russian Federation, bonuses for conscientious and effective performance of official duties and its size” // Ros. gas. 2012. 28 Dec.

The Procedure does not contain any instructions regarding the minimum and maximum amount by which a premium reduction is allowed. Therefore, in principle, it would be legal to reduce the premium, for example, by either 5% or 95%.
We also note that reducing the size of the bonus is the right, and not the obligation, of the commander (chief). The receipt of a disciplinary sanction by a military personnel does not entail an automatic reduction in the bonus, much less, taking into account the above, its deprivation. The recovery is taken into account when determining the amount of the premium. How to take into account is the competence of the relevant official. If certain conditions are present (for example, high performance in solving assigned tasks, high-quality and effective performance of official duties, etc.), the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the recipient . And it will be absolutely legal.
However, the most interesting issue is the issue of repeated reduction (and in practice, more often complete deprivation) of the bonus for the same disciplinary sanction.
As already noted, the previous Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated June 30, 2006 N 200, provided for a reduction or deprivation of bonuses on the basis of quarterly reports of immediate superiors, in which specific specific the reasons that served as the basis for such a reduction (deprivation). Having referred to the disciplinary sanction received in the quarter for which the bonus was given as a reason for reducing (depriving) the serviceman of the bonus, the immediate superiors, when submitting a report on the bonus for another quarter, did not repeatedly refer to the same reason as a matter of course. After all, the serviceman, as they say, has already received his due. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the submission of such reports, and as a result of the incorrect, in the author’s opinion, interpretation by the relevant commanders (superiors) of paragraph 80 of the Procedure, a practice has developed according to which, when determining the amount of the bonus, all outstanding disciplinary sanctions are taken into account. This approach seems unlawful for the following reasons.
Firstly, a disciplinary offense from the moment of its detection and suppression, as a rule, cannot influence in the future the quality and efficiency of performance of official duties by the person who committed it.
Secondly, despite the fact that deprivation of a bonus, strictly speaking, is not a disciplinary measure, its repeated reduction (deprivation) on the sole grounds that a serviceman has an outstanding disciplinary sanction is, in fact, nothing more than repeated punishment (punishment in rubles ) for the same offense.
Thirdly, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the military personnel’s performance of official duties in the month for which the bonus is paid (i.e., the bonus is, in fact, paid based on the results of work for the month), then, Accordingly, the presence of an unresolved disciplinary sanction for an offense committed outside the bonus period does not in itself affect the quality and efficiency of performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of paragraph 80 of the Procedure “taking into account existing disciplinary sanctions for disciplinary offenses committed,” in the author’s opinion, should be understood nothing more than “taking into account existing disciplinary sanctions for disciplinary offenses committed in the month for which the bonus is paid.”
Fourthly, according to Art. 2 of the Law, the bonus is an integral part of the salary of military personnel. Therefore, reducing its amount to a serviceman who conscientiously performed his official duties in the month for which the bonus is paid, only on the basis that he previously (outside the bonus period) received a disciplinary sanction, is nothing more than discrimination in wages, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that currently military personnel and civilian personnel receive, as provided for in the Procedure for determining and spending the volume of budget funds allocated for additional payments to military personnel serving under contract, and bonuses to civilian personnel of the Armed Forces of the Russian Federation, additional material incentives in in the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010 “On additional measures to increase the efficiency of using funds for military allowances and wages for civilian personnel of the Armed Forces of the Russian Federation.”
According to clause 7 of this Procedure, the specific amounts of additional material incentives are determined within the limits of the volume of budget funds allocated for these purposes, based on the results of the performance of official duties by military personnel and civilian personnel during the period for which additional material incentives are provided. At the same time, orders for the payment of additional material incentives to military personnel and civilian personnel are issued on the basis of reports submitted by immediate commanders (chiefs, managers).
It has already been said above that there are no clear normatively established criteria for assessing the quality and effectiveness of the performance of official duties used when deciding on bonuses, just as there were and are no normatively established criteria for assessing the results of their performance, taken into account when paying material benefits. stimulation. The discretion of officials when deciding on the amount of additional material incentives was (and, in principle, remains) so wide that it gave rise (and gives rise) to numerous complaints from both military personnel and civilian personnel, as readers are well aware of.
In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010, the following are not eligible for additional material incentives:
- military personnel receiving additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- military personnel who have received a disciplinary sanction for gross disciplinary offenses committed during the period for which an additional payment is made, as well as those who have unsatisfactory results in professional (commander) and physical training;
- persons of civilian personnel who have received a disciplinary sanction for failure to perform or improper performance through their fault of the labor duties assigned to them;
- military personnel and civilian personnel who committed violations in financial, economic and business activities, resulting in damage to the Armed Forces of the Russian Federation and reflected in audit reports (inspections of individual issues) of financial, economic and business activities, as well as commanders (chiefs, managers), those who have not taken decisions on registered violations in the specified activities and measures to compensate for damages in accordance with official powers.
As we see, “persons” known to us appear here: disciplinary sanctions, results of checks on professional (commander) and physical training. True, we are talking about unsatisfactory results. And they do not affect the amount of financial incentives, but are grounds for refusing to pay them. In addition, the results of the latest inspections are taken into account, regardless of when they were carried out - during the bonus period or outside it.
As for disciplinary sanctions, as we see, penalties are subject to recording only for gross disciplinary offenses committed by military personnel only during the bonus period.
From the content of the above-mentioned regulatory legal act it is clear that this rule does not apply to civilian personnel. Accordingly, when deciding on additional material incentives for such persons, penalties received by them, including outside the bonus period, are taken into account. This point of view is reflected in judicial practice<9>.
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<9>See, for example: Appeal ruling of the Murmansk Regional Court dated June 26, 2013 N 33-2081 // ATP "ConsultantPlus".

It seems that the criteria for assessing the effectiveness and quality of performance of official duties by military personnel when deciding on the payment of bonuses, as well as payments of additional material incentives, should be uniform and limit the subjectivity of commanders as much as possible.
Taking into account the above, one should come to the conclusion that it is necessary to amend clause 80 of the Procedure in order to eliminate the ambiguous interpretation of its norms, as well as to establish in the Procedure a clearer legal procedure for paying bonuses, minimizing the personal discretion of the commander (chief) in determining its specific size and providing for mandatory consideration of the opinion of the immediate superior of the awarded serviceman.

Troshchenko R.A., teacher of the department of the branch of the VUNTS Air Force "VVA named after N.E. Zhukovsky and Yu.A. Gagarin", lawyer.

The controversy and ambiguity of some legal norms regulating the procedure for paying bonuses for conscientious and effective performance of official duties are analyzed.

Key words: military personnel, job responsibilities, bonuses.

Prize for the faithful and efficient performance of duties: the controversial issues of legal regulation and enforcement
R.A. Troshchenko

Analyzed divisiveness and ambiguity of some legal rules governing the payment of premiums for the faithful and efficient performance of duties.

Key words: military, duties, awards.

Material incentives for work are a system of measures aimed at ensuring the material interest of workers in achieving certain labor results.

Material incentive measures, Article 191 of the Labor Code of the Russian Federation include the payment of bonuses and the awarding of a valuable gift. In addition, in accordance with Article 135 of the Labor Code of the Russian Federation, the employer establishes various remuneration systems, which include additional payments and allowances of a compensatory and incentive nature, as well as bonus systems. These remuneration systems must be enshrined in collective agreements, agreements and local regulations.

In addition to the types of material incentives provided for by law, that is, bonuses, allowances and additional payments, each specific employer, depending on its capabilities, can establish its own system of rewarding employees, for example, paying bonuses or paying a share of the organization’s profits (the so-called “profit sharing” system) ).

The financial incentive system established by the employer should be simple and understandable to every employee. It must be flexible, making it possible to immediately reward every positive result of work; the amount of incentives must be economically and psychologically justified.

The reward system used in the organization should create in employees a sense of fairness of material rewards and help increase the interest of employees in improving not only individual, but also collective work.

Prize.

A bonus is a monetary payment to an employee in excess of wages for achieving certain results in work.

As a general rule, the Regulations on bonuses should define:

• indicators and conditions of bonuses (that is, for what the employee is entitled to a bonus);
• the amount of bonus payments;
• a list of employees to whom this provision applies (for example, all employees or only full-time employees; in addition, the list of positions depends on the bonus indicator);
• frequency of bonuses;
• terms and sources of payments.

In addition, the Regulations on Bonuses must reflect the procedure for issuing bonuses, indicate the persons authorized to make decisions on issuing bonuses, and also include in this local regulatory act provisions regulating issues of deboning.

If all the points specified in the Regulations are present, employees have the right to receive a bonus, and the employer has the obligation to pay it.

As an example, we can cite the standard form of the Regulations on bonus payments to employees of a Limited Liability Company

Example 4.

"APPROVED"

CEO

OOO __________________

"___" __________2005

Regulations on bonus payments to employees of the Limited Liability Company .

1. GENERAL PROVISIONS

These Regulations determine the procedure for making payments to employees of the Limited Liability Company in excess of their official salary(basic earnings) in order to reward achieved labor successes and stimulate further increases in labor efficiency (bonus payments, bonuses).

1.1. The amounts of bonuses for all categories of employees are established by the General Director of the Company (based on the results of work for six months, a year).

1.2. The amount of bonuses established by the General Director of the Company is indicated in US dollars, but bonuses are paid in rubles at the exchange rate of the Central Bank of the Russian Federation on the day the bonus is calculated.

1.3. The General Director of the Company and the HR Manager monitor the correctness of bonuses in accordance with these Regulations.

2. PROCEDURE FOR ACCRUAL AND PAYMENT OF PREMIUMS

2.1. The organization has established individual bonuses for employees for achieving high performance indicators. For achieving the same performance indicators, employees are entitled to equal bonuses.

2.2. Bonus amounts due to employees are paid simultaneously with the salary for the month following the month in which the bonus was accrued.

2.3. Specific indicators that must be achieved by the Company and each employee as a condition for payment of bonuses will be reported annually (no later than January 31)

2.4. Bonuses are not paid to employees who received disciplinary sanctions during the period for which the bonus is awarded.

2.5. Managers/heads of structural divisions draw up a “Reward Recognition” for the employees subordinate to them (the form of the Reward Representation is given in Appendix No. 1). The decision to approve the proposal and pay the bonus is made by the General Director of the Company.

2.6. “Reward proposals” approved and signed by the General Director of the Company are transferred to the HR Manager. Based on the Submission, the HR Manager prepares a draft Bonus Order, after which he submits it to the General Director of the Company for signature.

2.7. An employee may be awarded several types of bonuses simultaneously in accordance with these Regulations.

3. TYPES OF BONUS

The organization establishes the following types of bonuses for employees and heads of departments:

3.1. Bonus based on annual performance results. It is paid to the Company's employees based on the results of their work in the past year, taking into account the achieved production indicators (increased labor productivity, improved product quality) and compliance with labor discipline (absence of disciplinary sanctions). This bonus is paid once a year, subject to the fulfillment of the production task by the Company as a whole for compliance by each employee High Quality, volume and timing of works and services during the year. The calculation period for calculating this premium is set at 1 year (from January 1 to December 31 of the corresponding year).

3.2. Bonus based on performance results for the half-year. The Company's employees are paid based on their work results in the past six months, taking into account the achieved production indicators (increased labor productivity, improved product quality) and compliance with labor discipline (absence of disciplinary sanctions, tardiness). This bonus is paid once every six months, subject to the fulfillment of production tasks by the Company as a whole for each employee’s compliance with the high quality, volume and timing of work and services within six months. The calculation period for calculating this premium is set at 0.5 years (from January 1 to July 1 and from July 1 to December 31 of the corresponding year).

3.3. One-time personal bonus. Paid for completing particularly important production tasks, participation in new projects, for the development and implementation of new technologies, for reducing production costs, for showing initiative. Can be paid to any distinguished employee of the Company upon the recommendation of a superior manager.

4. FINAL PROVISIONS

4.1. In addition to the conditions listed in these Regulations, factors influencing bonuses are the financial condition of the Company, as well as investment projects and development plans of the Company as a whole. Taking into account these factors (according to accounting and statistical reporting), in the absence of funds for these purposes, the Company reserves the right not to pay bonuses.

4.2. Disputes regarding the payment of bonuses in accordance with these Regulations, if they cannot be resolved directly between the employee and the management of the Company, are subject to consideration in the manner prescribed by law.

4.3. The Company's employees are notified of the introduction of a new Regulation on bonuses, amendments to individual articles or the cancellation of the Regulation as a whole no later than 2 months in advance.

Appendix No. 1

Promotion submission form

to CEO

_________________________

The idea of ​​encouragement

__________. ______. 2005

Moscow

I ask you to award a bonus to an employee for high production performance

______________________ (full name of the employee) for ___________ (period) in the amount of _____________

________________________ ______________________________

(Signature of the group manager) (Deciphering the signature)

End of the example.

You can find out more about issues related to the procedure for calculating, accounting, and paying bonuses in the book “Bonus Payment” by the authors of JSC “ BKR-INTERCOM-AUDIT.”

Establishing a bonus system for rewarding work.

The system of incentives for work proposed by Russian legislation does not always meet modern requirements. In the context of the development of a market economy, Russian employers are trying to find new modern methods of rewarding their employees, using Foreign experience. Western companies have long and quite successfully used various non-standard forms and methods of incentives to encourage their employees to perform better and more efficient work. The bonus system for rewarding work is very popular among foreign employers. In recent years, Russian employers have increasingly tried to apply such a reward system in practice.

A bonus is a pre-agreed incentive payment to an employee for certain achievements in work.

Note.

It is interesting to note that the word “bonus” is borrowed from the Latin language and translated means “good”. In the sense of incentives, this term refers to the monetary reward paid to an employee for the successful performance of his or her job duties.

The establishment of a bonus incentive system allows employees to be interested in the final results of their work. Let's consider what the meaning of the bonus reward system is.

So, the amount of remuneration that he will receive based on the results of his work is agreed upon in advance with the employee of the organization. successful work. The size of the bonus can be expressed either in a fixed fixed amount or determined as a predetermined percentage of the organization's profits. The amount of the bonus payment can be quite significant, sometimes comparable to the amount of wages for a month or an even longer period. The conditions under which this payment will be made are determined. Since the bonus incentive system is not regulated in any way by law, all conditions relating to such payments depend on the desire and ability of the employer.

The period for paying the bonus is also set by the employer. The bonus payment is made based on the results of work for a month, for a year or upon completion of a specific task.

The bonus fund, from which payments are made, is formed as a percentage of the profit received from the results of the organization’s economic activities.

The advantage of the bonus system is its flexibility, since the criteria by which bonuses are paid can be easily changed. In addition, the advantages of this system include the fact that its use helps reduce fluidity, which is important in modern conditions. Because if an employee is promised bonuses, then it will be more difficult to lure him to another company.

Of course, the bonus system is not without its drawbacks. For example, if the profit does not meet the employer’s expectations, and the amount of bonuses is fixed, then the employer may suffer serious losses.

In order for the bonus system to work and bring the expected benefits, it is necessary to create certain rules for its use: understandable to employees and economically justified.

Labor legislation does not oblige the employer to legally formalize the procedure for paying bonuses promised to the employee. However, such registration will be desirable both for the employee and for the employer himself.

You can include conditions for the payment of bonuses in the employment contract. However, such inclusion is not very good for the employer, since in this case the bonus takes the form of an incentive payment and, therefore, is taken into account when calculating the employee’s average earnings. This, in turn, leads to an increase in the amount of vacation pay, sick pay and other similar payments due to the employee while he maintains his average earnings. Consequently, the inclusion of conditions for the payment of bonuses in the employment contract will lead to an increase in the organization’s labor costs.

If you enter into civil contracts with employees rather than labor contracts, which stipulate the procedure and conditions for the payment of bonuses, then it will be easy to establish that such civil contracts conceal labor relations with all the ensuing consequences.

There is another option for designing the procedure for paying bonuses. An organization may invite an employee to register as an individual entrepreneur and enter into a civil contract with him, which will provide for a bonus payment. In this case, the work performed by the employee will be regulated by civil law. This is easier for the employer, but not entirely convenient for the employee. An employee may not agree to become an entrepreneur, since the status of an individual entrepreneur implies additional responsibilities for calculating and paying taxes. Even if he has no income, he will have to file these taxes.

The most convenient option for both the employer and the employee is to mention in employment contract on the possibility of accruing bonus payments to the employee. And it makes sense to spell out in detail all the essential conditions regarding the procedure for determining the size and receiving bonuses in a separate agreement

In accordance with the Federal Law "On monetary allowances for military personnel and the provision of certain payments to them" the Government of the Russian Federation decides:

1. Approve:

Rules for the payment of bonuses to military personnel performing military service under a contract for the conscientious and effective performance of official duties;

Rules for the payment of annual financial assistance to military personnel performing military service under a contract.

2. Payments provided for by the rules approved by this resolution shall be made within the limits of budgetary allocations provided for the monetary allowance of military personnel as part of expenses federal budget for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies.

3. This resolution comes into force on January 1, 2012, and in relation to the persons specified in Part 2 of Article 7 of the Federal Law “On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them” - from January 1, 2013.

Chairman of the Government of the Russian Federation

V. Putin

Rules for the payment of bonuses to military personnel serving under contract for conscientious and effective performance of official duties

1. A bonus for conscientious and effective performance of official duties (hereinafter referred to as the bonus) is paid to military personnel performing military service under a contract (hereinafter referred to as military personnel) in the amount of up to 3 monthly salaries of a military personnel (hereinafter referred to as salary) per year.

2. The premium is paid monthly or quarterly. Payment of the bonus is made simultaneously with the payment of salary in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).

3. The bonus is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - the monthly salary in accordance with this military position), established for 1- e is the day of the month in which the bonus is paid, and in December - on December 1 of the current year.

4. The size of the bonus, depending on the quality and efficiency of performance of official duties by military personnel and the procedure for its payment, are established by the Minister of Defense of the Russian Federation, the heads of federal executive bodies in which military service is provided for by federal law - respectively, in relation to military personnel of the Armed Forces of the Russian Federation and other troops , military formations and bodies, the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.

5. For military personnel who served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for less than a full month (quarter), a bonus is paid for the time of actual performance of duties in a military position based on the salaries on the day the decision to pay the bonus was made.

6. The bonus is not paid to military personnel:

those undergoing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a bonus system has been established for them for fulfilling and exceeding production targets and other indicators;

sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;

during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance by them of duties in vacant military positions;

dismissed from military service on the grounds specified in paragraphs 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On the monetary allowance of military personnel and the provision of individual payments to them."

7. In the event of the death of a military personnel, the bonus accrued during the actual performance of his duties in a military position in the corresponding month (quarter) is paid to his spouse, in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a military serviceman, in equal shares, or parents in equal shares, if the serviceman was not married and had no children.

Rules for the payment of annual financial assistance to military personnel performing military service under a contract

1. Annual financial assistance is paid to military personnel performing military service under a contract (hereinafter referred to as military personnel), in the amount of at least one monthly salary of a military personnel.

2. The procedure for applying for financial assistance, as well as its size for the corresponding year based on budgetary allocations provided for the monetary allowance of military personnel as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies, are established by the Minister of Defense of the Russian Federation , heads of federal executive bodies in which military service is provided for by federal law - respectively in relation to military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, by the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, by the Chairman of the Investigative Committee of the Russian Federation - in relation to military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.

3. For military personnel who are entitled to receive financial assistance, but have not applied for it this year, financial assistance is paid simultaneously with the payment of their salary for December of the current year.

4. Financial assistance is calculated based on the monthly salary of a military serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - the monthly salary in accordance with this military position), established on the date making a decision on the payment of financial assistance, and when paying financial assistance in December - on December 1 of the current year.

5. Military personnel transferred for further military service from one federal executive body, in which federal law provides for military service, to another (Armed Forces of the Russian Federation) or from the Armed Forces of the Russian Federation to a federal executive body, in which federal law provides for military service, financial assistance is paid once a year in full upon departure from the federal executive body in which federal law provides for military service (Armed Forces of the Russian Federation), if it has not been paid earlier.

6. Financial assistance is not paid to military personnel:

dismissed from military service on the grounds specified in paragraphs 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On the monetary allowance of military personnel and the provision of individual payments to them." If financial assistance was paid to the specified military personnel earlier, upon their dismissal from military service, the paid amount is not subject to withholding;

during the period of being at the disposal of commanders (chiefs);

discharged from military service at the end of the current year, with the provision of leave upon dismissal ending next year - for the year in which the leave ends.

7. In the event of the death of a serviceman, financial assistance for the current year (if it was not paid to the serviceman before his death) is paid to his spouse, in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a military serviceman in equal shares or parents in equal shares if the serviceman was not married and had no children.