Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to military personnel for conscientious and effective execution official duties and annual material assistance (together with the Rules under the contract, bonuses for the conscientious and efficient performance of official duties, the Rules for the payment of annual material assistance to military personnel serving under the contract) "
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT THE PAYMENT OF THE PRIZE TO THE MILITARY
FOR HONEST AND EFFECTIVE PERFORMANCE OF OFFICIALS
RESPONSIBILITIES AND ANNUAL MATERIAL ASSISTANCE
In accordance with the Federal Law "On monetary allowance military personnel and providing them with separate payments" Government Russian Federation decides:
1. Approve:
Rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel serving under a contract;
Rules for the payment of annual material assistance to military personnel serving under a contract.
2. Payments provided for by the rules approved by this Resolution shall be made within the limits of the budgetary appropriations 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 organs.
3. This Decree shall enter into force on January 1, 2012, and in relation to the persons specified in paragraph 2 of Article 7 federal law"On the monetary allowance of military personnel and the provision of certain payments to them", - from January 1, 2013.
Prime Minister
Russian Federation
Approved
Government Decree
Russian Federation
PAYMENTS TO MILITARY SERVICE PERSONNEL IN MILITARY SERVICE
UNDER THE CONTRACT, PRIZES FOR HONEST AND EFFECTIVE
PERFORMANCE OF OFFICIAL DUTIES
1. The bonus for the conscientious and efficient performance of official duties (hereinafter referred to as the premium) is paid to servicemen undergoing military service under a contract (hereinafter referred to as military personnel) in the amount of up to 3 salaries of the monthly monetary allowance of a serviceman (hereinafter referred to as monetary salary) per year.
2. The premium is paid monthly or quarterly. The payment of the bonus is made simultaneously with the payment of monetary allowance in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).
3. The premium is calculated based on monthly salary soldier in accordance with the assigned military rank and a monthly salary in accordance with the military position held (in the case of a temporary performance of duties in a vacant military position - a monthly salary in accordance with this military position), established on the 1st day of the month in which the bonus is paid, and in December - on 1 December of the current year.
4. The size of the bonus, depending on the quality and efficiency of the performance of official duties by military personnel and the procedure for its payment, are established by the Minister of Defense of the Russian Federation, heads of federal bodies executive power in which the federal law provides for military service - respectively in relation to military personnel of the Armed Forces of the Russian Federation, 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 military investigative bodies of the Investigative Committee of the Russian Federation.
5. For servicemen who have served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for an incomplete month (quarter), the bonus is paid for the time of actual performance of duties in a military position based on the salaries of the monetary content on the day the decision was made to pay the bonus.
6. The bonus is not paid to military personnel:
serving in the military military units(organizations) where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a system of bonuses for the fulfillment and overfulfillment of production targets and other indicators has been established for them;
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 of duties by them 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 serviceman, the bonus accrued for the time of his actual performance of duties in a military position in the corresponding month (quarter) is paid to his wife (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 serviceman, in equal shares or parents in equal shares, if the serviceman was not married and had no children.
Approved
Government Decree
Russian Federation
PAYMENTS TO MILITARY SERVICE PERSONNEL IN MILITARY SERVICE
UNDER THE CONTRACT, ANNUAL MATERIAL ASSISTANCE
1. Annual material assistance is paid to military personnel serving under a contract (hereinafter referred to as military personnel) in the amount of at least one monthly salary of the military serviceman.
2. The procedure for applying for material assistance, as well as its amount for the corresponding year, based on the budget 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, the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, 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. Servicemen who are entitled to receive material assistance, but who did not apply for it in the current year, are paid material assistance simultaneously with the payment of their monetary allowance for December of the current year.
4. Financial assistance is calculated on the basis of the monthly salary of a serviceman in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of temporary fulfillment of duties by him 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 material assistance, and in the case of payment of material assistance in December - as of December 1 of the current year.
5. Servicemen transferred for further military service from one federal body executive branch, in which the federal law provides for military service, to another (Armed Forces of the Russian Federation) or from the Armed Forces of the Russian Federation to the federal executive body, in which the federal law provides for military service, material assistance is paid once a year in full with departure from the federal executive body, in which the federal law provides for military service (of the 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 the specified military personnel were paid financial assistance earlier, upon their dismissal from military service, the amount paid is not subject to withholding;
during the period of being at the disposal of commanders (chiefs);
dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending in next year, - for the year in which the vacation ends.
7. In the event of the death of a serviceman, material assistance for the current year (if it was not paid to the serviceman before his death) is paid to his wife (spouse), in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or to adoptive parents of minor children (disabled from childhood - regardless of age) and to persons who are dependent on a military man, in equal shares or parents in equal shares, if the soldier was not married and had no children.
Types of employee bonusesdetermined by the employer, or the provisions of local acts, collective agreements, agreements. In the article, we will analyze the issues of bonuses to employees, highlight the main types of bonuses, and talk about the procedure for securing incentive payments.
What are the bonuses for employees - the main classifications of types of bonuses and their differences
The current legislation does not establish the types of bonuses. In Art. 191 of the Labor Code of the Russian Federation states that bonuses are incentive payments for conscientious performance responsibilities. In practice, organizations pay various types of bonuses, which can be classified:
By the number of employees awarded:
- Individual awards. Paid to a specific employee.
- collective awards. Paid to a group of employees. They may work in the same department or department. As a rule, bonuses are made upon achievement of joint results in labor activity for example, the achievement of certain indicators.
In order to determine the amount of payments:
- in a fixed amount of money.
- As a percentage of salary.
- Shares of salary.
- As a percentage or fraction of the total wages(for example, from salary + allowances for length of service, etc.).
According to the frequency of calculation.
- One-time.
- Systematic. They can be paid once a month, once a quarter, half a year or a year.
Based on charge.
- Per Good work.
- For the implementation of the plan.
- For any other achievements of employees.
According to the method of fixing in the organization:
- fixed in employment contracts.
- Collective agreements.
- local acts.
- Agreements.
- Not fixed in internal documents, paid at the initiative of the head (these bonuses are not provided for by the remuneration system).
Bonuses based on the results of work for the month, quarter, year, as the main types of bonuses for employees
In each organization, bonuses can be differentiated according to the frequency of their payments. Bonuses for the month, quarter and year are characterized by the fact that they, as a rule, are of a regular nature, although the possibility of a one-time, one-time accrual is not excluded.
All types of bonuses under consideration can be established by internal acts of the organization, or paid at the will of the employer. The payment of such bonuses on the basis of provisions employment contract with a specific employee. The payment is made on the basis of the order of the employer.
Bonuses can be paid both if there are grounds for this, and without them.
Award for a particularly important task and its implementation
The procedure for awarding special performance important tasks can be fixed at the organization level, for example, in the Regulations on bonuses. It prescribes the criteria for the payment of bonuses, their size, frequency of accrual, etc.
The criteria for payments can be as follows:
- The employee has achieved a positive result in the fulfillment of the task assigned to him, or a responsible assignment.
- The employee qualitatively and timely performed the duties assigned to him by the job description.
- The worker has achieved significant performance indicators in labor activity, used new methods of work, etc.
The payment is made on the basis of the order of the employer or other person whom the head authorized to perform such actions. The amount of payments can be determined both by the employer and by the provisions of the internal acts of the organization.
Most often, the type of bonus in question is made on the basis of a memo from the immediate supervisor of the distinguished employee.
Achievement Award
If an employee is assigned to perform additional work in his profession or in another profession of the same kind (Article 60.2 of the Labor Code of the Russian Federation), a bonus may be provided for this. This makes sense as the volume of work increases substantially.
Bonuses for the increase in the volume of work can be paid on the basis of:
- Regulations internal documents accepted in the organization.
- Service note of the immediate supervisor of the employee.
- Employee statements.
- at the discretion of the employer.
Engagement of an employee to additional work is carried out exclusively with his consent. It is illegal to force an employee to work for an absent employee.
Distinguished Service Award
This type of bonus is paid to military personnel and is enshrined in the Rules approved by the Decree of the Government of the Russian Federation “On the payment of bonuses to military personnel ...” dated December 5, 2011 No. 993.
The maximum amount is 3 salaries per year. It is permissible to pay bonuses both monthly and quarterly, along with monetary allowance. The size of the bonus is determined depending on the salary of the military. The amount of bonuses and the procedure for accrual depend on the troops in which the soldier serves.
Award for conscientious work
This type of bonus is fixed in the internal acts of organizations, or is paid at the will of the management. The conscientiousness of labor implies both a temporal criterion (an employee’s work in an organization for a long time) and a qualitative one (performing work in accordance with the requirements of the company, lack of disciplinary actions).
Criteria can be clearly spelled out in the Regulations on bonuses. For example, it may be fixed that on this basis, employees are rewarded, since the conclusion of an employment contract with which at least 3 years have passed, and who do not have disciplinary and other penalties. The bonus is paid on the basis of the order of the head of the organization or a person authorized by him.
Bonus to an employee for good work (bonus payment for excellent work)
Good (excellent) work is a too vague criterion for accruing bonuses to an employee. For this reason, organizations local acts or collective agreements, in which the term "good" or "excellent" work is specified, clarifying conditions are prescribed, under which bonuses are awarded to employees.
Good work can be characterized by criteria such as:
- Quantity and quality of products produced or services rendered.
- Employee Compliance job description and provisions of the employment contract.
- Fulfillment by the employee of the rules of internal work schedule and lack of disciplinary action.
- Any other indicators that can be attributed to labor function worker.
Thus, the types of bonuses for employees can be different, depending on the place of service and the criteria for calculating bonuses. The possibility of paying several bonuses for various reasons is not ruled out.
Read even more useful information in the heading: "".
In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 N 306-FZ "On the monetary allowance of military personnel and the provision of certain payments to them"(hereinafter referred to as the Law) the bonus is set in the amount of up to three monthly salaries (per year). The rules for paying the bonus are determined by the Government of the Russian Federation.
The rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel serving under a contract (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 conscientious and effective performance of official duties and annual financial aid."
At present, the practice is quite often used in the field, when a serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, the bonus is not paid or its size is reduced repeatedly only on the basis of the presence of a previously received disciplinary sanction and in the absence of claims received in the month for which payment is made.
Let's consider this problem in more detail.
According to paragraph 210 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 of June 30, 2006 N 200, which has become invalid, 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 long-lost norms, while the current Procedure does not contain similar norms.
The premium 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 in service, nor disciplinary sanctions are indicated in this list. Accordingly, even in the presence of such, the premium should be paid. The only question is how much. The establishment of this amount in accordance with clause 80 of the Procedure is within the competence of the relevant commander (chief) issuing the order to pay the bonus. Nevertheless, in view of the foregoing, in the case under consideration, it cannot be equal to zero. In addition, size as a concept is a positive quantity.
Unfortunately, neither minimum size awards, nor actually clear legal criteria, by which the quality of the performance of official duties is assessed, is not currently defined, which, of course, creates certain prerequisites for an unreasonably wide discretion officials when making a decision on its payment. In fairness, it should be noted that the development of such criteria is not an easy task.
It does not contain the Procedure and any instructions regarding the minimum and maximum amount by which the premium reduction is allowed. Therefore, in principle, it would be legal to reduce the premium, for example, both by 5% and by 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 serviceman does not entail an automatic reduction in the bonus, much less, in view of the foregoing, its deprivation. The penalty is taken into account when determining the amount of the premium. How to take into account is the competence of the relevant official. In the presence of certain conditions(for example, high performance in solving assigned tasks, high-quality and efficient 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 awardee. And it will be absolutely legal.
However, the most interesting issue is the 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 the military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of June 30, 2006 N 200, provided for the reduction or deprivation of bonuses on the basis of quarterly reports from immediate superiors, in which specific the reasons that served as the basis for such a decrease (deprivation). Referring to the disciplinary sanction received in the quarter for which the bonus was made, as the reason for reducing (depriving) the bonus to the serviceman, the immediate superiors, when submitting a report on bonuses for another quarter, did not repeatedly refer to the same reason as a matter of course. After all, the soldier, as they say, has already received his. 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 opinion of the author, interpretation by the relevant commanders (chiefs) of clause 80 of the Procedure, a practice has developed according to which all outstanding disciplinary sanctions are taken into account when determining the amount of the bonus.
This approach seems unreasonable for the following reasons:
Firstly, a disciplinary offense from the moment of its discovery and suppression, as a rule, cannot affect the quality and efficiency of the performance of official duties by the person who committed it in the future.
Secondly, despite the fact that the deprivation of a bonus, strictly speaking, is not a measure of disciplinary action, its repeated reduction (deprivation) on the sole basis that a serviceman has an unremoved disciplinary sanction is, in fact, nothing more than repeated punishment (punishment in rubles) for one and 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 performance of official duties by military personnel in the month for which the bonus is paid (i.e., the bonus, in fact, is paid based on the results of work for the month), then, accordingly, the presence An unremoved disciplinary sanction for an offense committed outside the bonus period does not in itself affect the quality and efficiency of the performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of clause 80 of the Procedure "taking into account the existing disciplinary sanctions for committed disciplinary offenses", in the author's opinion, should be understood only as "taking into account the 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 monetary allowance of military personnel. Therefore, reducing its size to a serviceman who conscientiously performed his duties in the month for which the bonus is paid, only on the grounds that he received a disciplinary sanction earlier (outside the bonus period), is nothing more than wage discrimination, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that at present, military personnel and civilian personnel receive 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 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."
According to clause 7 of the specified Procedure, the specific sizes of the additional financial incentives are determined within the limits of the volume of budgetary funds allocated for the specified purposes, based on the results of the performance by military personnel and civilian personnel of official duties during the period for which additional material incentives are provided. At the same time, the issuance of orders for the payment of additional material incentives to military personnel and civilian personnel is carried out on the basis of reports submitted by direct commanders (chiefs, leaders).
It has already been said above that there are no clear regulatory 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 regulatory criteria for assessing the results of their performance, taken into account when paying for material stimulation. The discretion of officials when deciding on the amount of additional financial incentives was (and in principle remains) so wide that it generated (and generates) numerous complaints from both military personnel and civilian personnel, which 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 of July 26, 2010 N 1010, the following are not presented for additional financial incentives:
- servicemen receiving additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- military personnel who have a disciplinary sanction for gross disciplinary offenses committed during the period for which additional payment, as well as having unsatisfactory results in professional position (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 have committed violations in the financial, economic and economic activity that caused damage to the Armed Forces of the Russian Federation and are reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, leaders) who did not take a decision on the violations registered in the accounting in these activities and measures to compensate for damage in accordance with the mandate.
As we can see, "persons" known to us also appear here: disciplinary sanctions, the results of inspections on professional-official (commander) and physical training. True, we are already talking about unsatisfactory results. And they do not affect the amount of financial incentives, but are grounds for refusing to pay it. In addition, the results of the latest inspections are taken into account, regardless of when they were carried out - during the bonus period or beyond.
As for disciplinary sanctions, as we see, penalties are subject to accounting only for gross disciplinary offenses committed by military personnel only during the bonus period.
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