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Legal advice:
1. Deprived of the award for conscientious performance of official duties. Lost for exercise therapy. is this legal?
1.1. Dmitry, the problem is that issuing a bonus is the right of the employer, and not his obligation. He wants - he will give out, he does not want - he will not give out.
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2. For what can they deprive them of bonuses for conscientious and effective performance of duties?
2.1. It is possible to deprive the bonus for non-performance or improper performance job duties i.e. for committing a disciplinary offence. Or for other actions that are provided for by the current position of the employer on bonuses.
According to Art. 192 of the Labor Code of the Russian Federation:
For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal on appropriate grounds.
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3. I have employment contract in the payroll section. That the employee is set a monthly allowance in the amount of 33,000 (consisting of a salary of 20,000 and a monetary incentive for conscientious performance of official duties in the amount of 13,000). An employee may also be paid a bonus of 100% of the salary.
Is a cash incentive this agreement not a permanent payment? Or should it be paid monthly as it is part of the salary?
3.1. If you were not held liable for dishonest performance of labor duties, then you are required to pay 13,000 at the end of the month, because. It is assumed that you performed your duties in good faith.
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4. I am a military man, during the past year I passed physical training for 2 and at the end of the year I was deprived of 15% of the bonus for "conscientious and effective performance of my duties", can they deprive me of bonuses without reprimands and warnings?
4.1. the commander of your unit does not have the right to give you the full bonus for DIDO, but you have the right to reduce (set a specific amount) based on an assessment of the results of your performance.
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5. The husband is a military man, the commander of the unit deprived of the bonus for conscientious performance of official duties for the time in which the husband was in the hospital and on vacation. Are the management's actions correct?
5.1. Greetings.
All right. The bonus is paid by order of the head.
During absence from service, the bonus is not paid.
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6. Deprived of the premium 1010 because. for the fourth quarter, the score was 2 and was deprived of paremia for conscientious performance of official duties for December. How legal is it?
6.1. If there is an unsatisfactory assessment, the deprivation of the bonus based on the results of the quarter is lawful. The two awards are not related in any way.
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6.2. Hello Vladislav. This is a very difficult situation, you need to look at how the contract and instructions are spelled out, you can send me a scan or photo of the contract, I'll see how I can help you.
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7. The question is related to the premium. I was deprived of the 1010 bonus, referring to the fact that I didn’t pass Fizeau in the spring, but then I retaken it for an intermediate change. The company commander submitted lists, where he wrote about the deprivation of a bonus for conscientious performance of duties in the amount of 10 percent. They kept me for 2 months. I have no claims. It turns out that I am punished 2 times for failing Fizeau. Is this legal?
7.1. Two times to deprive the premium can not You need to file a complaint with the garrison prosecutor's office. Good evening to you.
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7.2. --- Hello, yes it is legal, order 1010 has a condition for depriving the bonus for not passing the FIZO. Good luck and all the best, with respect lawyer Ligostaeva A.V.
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8. Please explain the procedure for calculating bonuses for conscientious and efficient performance of official duties. They announced a reprimand and set the size of the bonus at 20 percent. For the month of August. Then he went on vacation. At the exit, the amount of the premium did not change. Is it legal?
8.1. The procedure and conditions for remuneration of labor, including its parts, are determined not by legislation, but by the employer or the owner of the institution.
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9. For a month in a row they reduce the bonus for conscientious performance of official duties, motivating it with an order of gross disciplinary offense and the commander says that he will deprive him until a year has passed before the removal.
9.1. IV. Other additional payments
Award for Conscientious and Efficient Execution
official duties
77. Military personnel doing military service under a contract (hereinafter in this section - military personnel) are paid a bonus for conscientious and efficient performance of official duties (hereinafter - the bonus) in the amount of up to 3 salaries of the monthly monetary allowance of a serviceman (hereinafter - salary salary) per year .
80. The specific amount of the bonus depends on the quality and efficiency of the performance of military duties in the month for which the bonus is paid, taking into account any disciplinary sanctions for committed disciplinary offenses, results in professional and official (commander) and physical training, as well as violations in financial - economic and economic activity that caused damage to the Armed Forces and reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities.
The grounds for deprivation must be indicated in the orders of the unit commander. If there were no penalties and other omissions, then it seems that such a deprivation is unlawful. He has the right to appeal within 3 months.
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10. For not passing Fizeau, they deprive me of the bonus for conscientious performance of duties and class, I have honey. the conclusion of the exercise therapy. IS IT RIGHT?
The procedure for determining and spending the volumes of budgetary funds allocated for additional payments to military personnel undergoing military service under the contract, and bonuses to civilian personnel of the Armed Forces Russian Federation
11. Not presented for additional financial incentives:
Military personnel who have a disciplinary sanction for gross disciplinary offenses committed during the period for which an additional payment is made, as well as having unsatisfactory results in professional and official (commander) and physical training.
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10.3. Failure to pass physical due to objective reasons, and a negative assessment of physical fitness are different concepts. The order of the Ministry of Defense of the Russian Federation provides for the deprivation of the bonus precisely for a negative assessment. Therefore, the actions of the command are not lawful.
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11. By order of the head of the Ministry of Internal Affairs, I was suspended from performing duties related to the use of physical force and firearms and deprived of my monthly bonus for conscientious performance of duties (25%). I serve in the financial and economic unit (group 4 of assignment), a special rank refers to the internal service. V job description there are no such obligations. Is the charge justified?
11.1. There are no such obligations in the job description. Is the penalty imposed legally? - The bonus is always at the discretion of the management. Rightfully so.
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12. I had a gross disciplinary offense at the beginning of the year, I was deprived of a bonus of 25% for conscientious performance of official duties in the summer, the reprimand was removed and at the end of the year I was deprived of a bonus of 1010 for this offense is this legal?
12.1. Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010 "On additional measures to improve the efficiency of the use of monetary allowance funds for military personnel and remuneration of civilian personnel of the Armed Forces of the Russian Federation"
11. Military personnel who receive additional monetary incentives in accordance with federal law O federal budget for the respective year; military personnel who have a disciplinary sanction for gross disciplinary offenses committed during the period for which an additional payment is made, as well as having unsatisfactory results in professional and official (commander) and physical training; persons of civilian personnel who have a disciplinary sanction for failure to perform or improper performance due to their fault of the labor duties assigned to them; military personnel and civilian personnel who committed violations in financial, economic and economic activities that caused damage to the Armed Forces and reflected in the acts of audits (checks of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, leaders) who did not make a decision on registered violations in the specified activity and measures to compensate for damage in accordance with official authority.
Therefore, if in the current year the GDP, you will not be presented for payment.
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13. The question of the monetary allowance of military personnel. Today my husband had to take physical training, which, as they say, depends on whether he will receive additional financial incentives (valid from 01/01/2014) and a three-month bonus for conscientious and effective performance of official duties. But he developed a fever and was admitted to the hospital. Does the head of the unit in this situation have the right to deprive these surcharges and is it legal? Thank you.
13.1. Good day
Elena Andreevna, additional financial incentives, namely by order 1010, are issued at the discretion of the head. Fortunately, they can’t give anything at all, but it’s easy to include employees in the group to receive a minimum payment of 1,000 rubles (excluding income tax). If your husband disagrees with something, he can write a report to a higher manager.
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Consultation on your question
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14. Did not pass physical training, a bonus is awarded for conscientious and effective performance of official duties.
14.1. In this case, you are not entitled to a bonus for conscientious and efficient performance of official duties.
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14.2. It is necessary to study internal local acts on bonuses, whether physical training relates to official duties.
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15. Is it possible to deprive a soldier of a bonus for conscientious and effective performance of duties, and also to announce a reprimand if he is on vacation? Thank you.
15.1. No, of course you can't
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16. I am a military officer under a contract, I was severely reprimanded with deprivation of a bonus for conscientious performance of my duties for 6 months, the contract ends in November. Question: do all these reprimands and penalties expire if I conclude a new contract in the same part in the same position. And the next question is whether the penalty expires if I conclude a new contract in the same part, but in a different division in a different position.
16.1. You are renewing a contract, not signing a new one. Otherwise, the conclusion procedure occurs through dismissal, so the penalties do not burn out.
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16.2. The penalty is removed, either as an incentive, or if within 1 year after the announcement of the penalty, no other penalties were applied.
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17. I am a military officer under a contract, I was severely reprimanded with deprivation of a bonus for conscientious performance of my duties for 6 months, the contract ends in November. Question: do all these reprimands and penalties expire if I conclude a new contract in the same part in the same position.
17.1. Yes, sure
GOOD LUCK TO YOU!!!
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18. Can I be deprived of bonuses for conscientious performance of duties during my vacation? Before going on vacation I received 25% and the next 2 months on vacation 1%
18.1. Do you perform your duties while on vacation?
If your company has a bonus system, then there should be a Regulation on bonuses, where it is written what they are deprived of and what bonuses are given for.
In any case, the award must be issued by order.
Write a statement addressed to the head of your organization and ask for an explanation on the basis of which your bonus has been reduced. You must respond in writing within one month.
Good luck!
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19. I am a serviceman in February received a disciplinary sanction, I was deprived of a bonus of 25% for conscientious performance of duties for a month question for bonus 1010 at the end of the year
will it affect?
19.1. No, it will not affect if the penalty is lifted by order.
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20. I am a unit commander. Every month I submit a report for the payment of a bonus for conscientious performance of my husband's duties. The commander of the regiment introduced the innovation of coordinating the report with his deputies, so that they would make their own changes to my report. Is it legal?
20.1. It's legal. What do you want to hear? What's not legal?
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20.2. Yes it's legal
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21. I am a unit commander. Every month I submit a report for the payment of a bonus for the conscientious performance of sl. responsibilities. Since that month, the commander has written a resolution to coordinate with his deputies, thereby allowing me to correct my report. How legal is it? I think I'll figure it out myself in my unit.
21.1. The question is not for lawyers / lawyers. The order of subordination and distribution of incentive payments is not regulated by federal law, but by local (internal) regulations.
All the best. Thank you for choosing our site.
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22. I am a unit commander.
Every month I sign a report on the payment of a bonus for conscientious performance of official duties. Of course, not everyone gets the required 25%, there are those who I cut because of their low morale. business qualities and the presence of disciplinary sanctions. But another force has entered. The regiment commander decided to coordinate my report with his deputies. Those. gave them the opportunity to correct my report. Is it legal?
22.1. It is quite legal if this is the decision of the regiment commander.
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paid in the prescribed amount in the manner determined by the orders of the relevant ministries or the regulation on bonuses or the relevant local regulatory act (relevant for non-state enterprises). About the payment procedure awards for conscientious performance of official duties
(hereinafter also - DISO) military personnel, police officers and other employees, you will learn from the article below.
Who can expect to receive monthly bonuses for DISO?
According to part 21 of Art. 2 of the law "On monetary allowance ..." dated November 7, 2011 No. 306-FZ, for effective and conscientious performance servicemen of official duties they are paid a bonus in the amount of up to 3 salaries of monetary content (per year). Bonus payments for DIS are assigned to persons undergoing military service under a contract, including those who serve in rescue military units Ministry of Emergency Situations of Russia (clause 77 of the order, approved by order of the Ministry of Emergency Situations dated 07.12.2012 No. 751).
Also, bonus payments for DISO, in accordance with Part 12 of Art. 2 of the Law "On Social Guarantees ..." dated July 19, 2011 No. 247-FZ, rely on employees of the internal affairs bodies. The amount of bonus payments is 3 monthly salaries.
At non-state enterprises, bonuses of this kind can also be paid if this is provided for by the terms of the collective agreement, the provisions on bonuses or other local regulations (part 1 of article 129 of the Labor Code of Russia).
Who is not entitled to monthly bonuses for conscientious work?
According to paragraph 6 of the rules, approved. 993 dated 05.12.2011 (hereinafter referred to as the Rules), bonus payments for DISO are not paid to military personnel who:
- serve in units where other bonus systems are established for overfulfillment of assignments received;
- were sent outside the Russian Federation to perform their duties, including technical assistance;
- are at the disposal of the chiefs;
- dismissed from military service due to deprivation of military rank, entry into force of a court sentence, expulsion from educational institution for poor progress / indiscipline, failure to fulfill the terms of the contract, violation of the ban, failure to pass the test.
The employees of the Department of Internal Affairs, who are temporarily suspended from their official duties, do not receive bonus payments when their superior issues an appropriate order (clause 31 of the procedure, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65). By order of the head, employees who have received such disciplinary sanctions as a severe reprimand, demotion, warning that there is incomplete service compliance, bonus payments for conscientious work are not made within 1 month from the date of prosecution, in accordance with clause 32 the above order. In addition, bonus payments for DIS, in accordance with clause 33 of this procedure, are not due to employees in the month of their dismissal, if they were dismissed for violation of discipline, contract, non-compliance statutory prohibitions, loss of confidence, forgery, commission of a discrediting offense, etc.
Don't know your rights?
Features of accrual and payment of bonuses for DISO to military personnel
Monthly bonus payments for conscientious performance of duties to persons undergoing military service are made simultaneously with the issuance of monetary allowance for the month following the period for which the bonus was accrued. At the same time, the premium for December is paid in December (clause 2 of the Rules).
The calculation of bonus payments for DISO is made on the basis of the monthly salary of the military on the 1st day of the month for which the bonus is calculated, according to the assigned rank and position. In the event of the death of a person who has done military service, the entitlement bonus payments, in accordance with clause 7 of the Rules, are issued to the spouse or adult children living with him, guardians, dependents or parents.
Based on paragraph 79 of the order, approved. By order of the Ministry of Defense of December 30, 2011 No. 2700, bonus payments for DIS are made in the following amounts:
- Contract servicemen - up to 25% of their salary.
- Cadets:
- excellent students - up to 25%,
- getting good grades - up to 15%,
- those who receive satisfactory grades - up to 5%.
For military personnel who have served for less than a month, bonus payments for conscientious performance of duties are made for the time they are actually performed, taking into account the salary established on the day the decision on bonuses was made (clause 81 of the procedure, approved by order No. 2700).
Features of the accrual and payment of bonuses for DIS to police officers
For police officers, bonus payments for conscientious service are made on a monthly basis in the amount of 25% of the salary salary, established on the 1st day of the month for which bonus payments are made (clause 26 of the procedure for providing monetary allowance, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65).
The bonus for DIS is also paid to those who are placed at the disposal of the management (clause 30 of the order, approved by order No. 65). On the accrual of bonus payments to them, an appropriate order is issued by the head of the Ministry of Internal Affairs, the calculation is made based on the actual volume of duties performed by employees.
When calculating bonus payments for an incomplete month, the number of days of performance of duties in the service is taken into account (clause 27). In addition, the billing period includes time (clause 28):
- being on vacation with the preservation of allowance, expressed in monetary terms;
- learning;
- exemption from duties due to illness.
To calculate the amount of bonus payments for DISO for 1 day, it is necessary to divide the monthly amount of the premium, determined in accordance with clause 26, by the number of calendar days of the month for which it is paid (clause 29).
So, bonus payments for conscientious performance of duties are made monthly to contract servicemen, cadets, as well as police officers. The maximum amount of bonus payments for DISO is 25% of the monthly salary on the 1st day of the month for which the bonus is paid. In addition, monthly bonuses for conscientious work can also be established at non-state enterprises - their size and terms of payment depend on the provisions of the relevant local acts of the employer.
28. Employees are paid bonuses for conscientious performance of official duties at the rate of three monthly salaries per year * (31).
29. The bonus is paid monthly at the rate of 25 percent of the salary of the monetary content established by 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 official duties in the corresponding calendar month.
31. The calculation period for the payment of the bonus includes the time of training, vacations with the preservation of monetary allowance, 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 total 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. Employees enlisted at the disposal, bonuses can be paid on the basis of the order of the head, taking into account the actual volume of their official duties within 25 percent of the salary.
34. Based on the order of the head, the bonus is not paid in the following cases:
1) temporary suspension of an employee from the performance of official duties;
2) removal of an employee from the performance of duties related to the possible use of physical force, special means and firearms.
35. Based on the order of the head, employees who have a disciplinary sanction "severe reprimand", "warning of incomplete service 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 head, the bonus in the month of dismissal is not paid upon dismissal of the employee for the following reasons:
1) gross violation of official discipline by an employee;
2) repeated violation of official discipline by an employee if he has disciplinary action imposed in writing by order of the director or manager;
3) the employee's refusal to be transferred to a lower position in the execution of a disciplinary sanction;
4) violation of the terms of the contract by the employee;
5) non-observance by the employee of the restrictions and prohibitions established by federal laws * (32);
6) loss of trust;
7) submission by an employee of false documents or knowingly false information when entering the service in the National Guard troops, as well as the submission by an employee during the period of service in the National Guard troops of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of conditions replacement of the corresponding position in the troops of the National Guard, if this does not entail criminal liability;
8) conviction of an employee for a crime, termination of criminal prosecution against him due to 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, unless at the time of termination contract and dismissal from service in the troops of the National Guard, the criminality of the act previously committed by him is eliminated by the criminal law * (33);
9) committing an offense discrediting 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 regions, in desert and waterless areas, percentage premiums for service in regions of the Far North, equivalent areas and other areas with adverse climatic or environmental conditions, including remote ones
37. To the monetary allowance of employees serving in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, including remote ones, coefficients are established (district, for service in high mountain regions, for service in desert and waterless areas) and percentage bonuses to monetary allowance for service in the regions of the Far North, areas equated to them and other areas with unfavorable climatic or environmental conditions, including remote ones, in high-mountainous areas, desert and waterless areas, provided for by the legislation of the Russian Federation * (34 ).
38. For the application of coefficients and percentage surcharges, the following are taken into account in the composition of the monetary allowance:
1) official salary;
2) salary for a special rank;
3) monthly allowance to the salary of monetary maintenance for the length of service (length of service);
4) monthly allowance to official salary for the qualification title;
5) monthly bonus to the official salary for special conditions services;
6) a monthly bonus to the official salary for working with information constituting a state secret * (35).
39. The size of the coefficients and percentage markups, as well as the rules for their application are determined by the Government of the Russian Federation * (36).
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