The Fes explained the procedure for the payment of Christmas bonuses
MOSCOW, 10 Dec — RIA Novosti. The Fes explained the procedure of payment of premiums before the end of the year, the Ministry said to RIA Novosti, in what cases the employer is obliged to give the prize, and when no such obligation.
In the Fes reminded that the prize as the incentive payment is part of wages, which aimed only to encourage the workers to increase labour quality and productivity, and depends on the interest of the employer and its economic status.
“From the content of articles 57, 135 of the labour code implies that the order and size of bonuses and the conditions for deprivation or reduction of bonus payments is the sole prerogative of the employer”, — said the Agency.
In the Fes also noted that the Labour code does not establish any mandatory requirements about the presence of employer award schemes, and on payment of the required monthly premium.
“However, if the employer independently determined the bonus system, he is required to observe fixed in order and terms of payment of premium, and violation of certain provisions of this local normative act may result in the onset of administrative liability under article 5.27 of the administrative offences code of the Russian Federation”, — stated in the Fes.
According to the Agency, payment of awards may be required, for example, when attaching such a requirement in the agreement concluded by results of social partnership at the appropriate level; the establishment of systems of payment of workers state and municipal institutions.
The eligibility of the award depending on the proper discharge of labour duties may not violate employee’s rights, added the Agency. When calculating the premium, the employer may establish the conditions under which its complete withdrawal or reduce its size, for example, depending on the existence of a disciplinary offense.
Establishing criteria for denying or reducing the award belongs to the competence of the employer, except in cases when, for example, the bonuses defined in the agreement or in mandatory for the employer, the document establishing the remuneration system at state and municipal institutions.
The situation is similar with the establishment of the award.