Many people are forced to work under really specific and difficult conditions. They can count not only on the salary, which is agreed upon with the employer in advance, but also on a special allowance for the complexity and intensity of the work. It can be represented by a fixed amount of money or any percentage of the employee's salary. The rules for its payment are certainly indicated in the local regulatory acts of the company. Each employee of the enterprise who encounters high voltage during the performance of labor duties may require such an allowance.
Premium concept
A bonus for the complexity and intensity of work is assigned to all persons who work in specific conditions. Based on Art. 57 TC in each employment contract should contain information on the amount of earnings of any hired specialist. This includes information not only about salary, but also about various bonuses, allowances and surcharges.
Based on the letter from Rostrud No. 395-6-1, each employer must indicate the size and rules for transferring bonuses for the complexity and intensity of work in the text of the labor agreement. Additionally, you can use the link to the corresponding item in the regulatory local acts of the company. Such payment is represented by a certain incentive for specific working conditions.
Purpose of use
The bonus for complexity and intensity of labor is applied by both commercial and government organizations. It is found in military structures, law enforcement agencies or in special production enterprises. With its help, the leadership of different organizations can solve several significant issues at once:
- stimulation of successful and high-quality work of each employee of the enterprise is provided;
- labor productivity of all hired specialists increases;
- often employers tie this payment to the implementation of a plan or transfer for activities in particularly specific conditions;
- cash can be paid to all employees of the company or only to those who in one way or another are faced with difficult or stressful working conditions.
The employer independently determines what the size of the bonus for complexity and tension will be, in which cases it will be paid, and also what transfer method will be used for this. But if the management of the company decides to use such payments, then such a decision will certainly be correctly recorded, for which the necessary changes are made to the employment contract of each employee and are prescribed in internal regulations.
How is it made out?
The bonus for complexity and tension for military personnel and law enforcement officials is paid without fail, since its transfer is regulated by the requirements of the law. But in commercial enterprises, the leader must independently make such a decision. Many organizations refuse to pay such an amount of funds, which often leads to low labor productivity and significant staff turnover.
If the director of a commercial manufacturing enterprise realizes that his company offers specific and complex conditions, then it is advisable to introduce a premium. To do this, it is important to properly execute it, for which the following actions are performed:
- initially, one director or several founders makes a decision on the use of such an allowance, for which a meeting of participants is held;
- an order is issued for a bonus for complexity and tension;
- a change in the terms of cooperation is enshrined in the collective labor contract, as well as in individual agreements drawn up with employees of the company;
- a local normative act is issued in the company, which lists the basic conditions for assigning an additional payment.
When drafting any document and making changes to the employment contract, the size of the payment, the frequency of its transfer and other rules are indicated. The bonus for complexity and tension in the Republic of Belarus is used more often in comparison with companies operating in the Russian Federation. This is due to the fact that in Belarus employers are trying to motivate their employees with the help of material payments. Previously, each employee is notified when and how much he will receive this payment. If a citizen is just being hired, he has the right to require a local regulatory act to study, which indicates the basic rules for determining the payment.
Nuances for budgetary institutions
The complexity and tension allowance is most often introduced in various budget organizations. In them, the amount of this payment is established by higher authorities issuing the relevant regulatory act. For example, law enforcement officers receive payment on the basis of an act issued by the Investigative Committee of the Russian Federation.
Such a surcharge is usually assigned directly from the moment of employment with the authorities. It can be paid at the same time as a salary or in another period of time.
Do employees need to be notified?
If the hired specialist only gets a job in the company, then he will certainly be warned about what kind of salary he will receive, as well as what types of payments and allowances he is entitled to. Therefore, when employing a new citizen, the following actions are performed by the employer:
- internal regulations are provided for review, containing information about what allowances are paid for complex or stressful working conditions in the company;
- in addition, when drawing up a new labor contract, it is indicated what the size of this payment will be, as well as in what way and in what time it will be transferred to the citizen;
- it is permitted that the labor agreement does not contain information on the amount of the payment, but at the same time there must be a reference to the regulatory act available in the company, which lists the rules for transferring money.
If a bonus for complexity and tension is introduced for already registered workers, then a special additional agreement is drawn up for them to the existing labor contract. In any case, the employer must warn the employee that he is assigned an additional payment. The employee has the right to demand clarification as to what the size of the surcharge depends on, as well as when and in what form it will be transferred.
What size is assigned?
The monthly bonus for the complexity and intensity of the work of different specialists may have a different size. This issue is decided by the direct employer if a citizen is employed in a commercial organization. If a bonus is paid for complexity and tension in the Ministry of Internal Affairs, then its size is determined exclusively by higher state bodies.
If a payment is assigned by the owner of a commercial enterprise, then he can use several options when determining the size of this payment:
- the size of the surcharge is set in a fixed amount, and the amount may vary slightly for employees of different positions, since the exact conditions under which citizens have to work must be taken into account;
- the payment is determined on the basis of a certain percentage of the salary, which is prescribed in the labor agreement;
- funds are paid only when employees achieve certain goals, represented by the implementation of the plan or the implementation of other activities;
- the size of the surcharge depends on what kind of workload the employee of the enterprise faced in the current month;
- several methods of calculating this payment are used at once.
The selected method of calculating the premium will certainly be recorded in the internal local documentation of the company. It is often indicated that the premium may be set in the range from 10 to 100 percent of the salary of an enterprise employee. Under such conditions, the exact amount of payment is determined solely by the head of the enterprise. For this, the premium is agreed with the head of each structural unit of the company.
Can I cancel or change?
In some companies, the premium for complexity and tension is calculated on the basis of the amount that is allocated from the budget of the company at the end of each year. Moreover, usually the amount of this payment does not exceed ten times the size of his salary for each employee.
Even if information about the amount of the surcharge is recorded in the internal regulatory documents of the company, the employer is still entitled to change this amount. If necessary, the surcharge is canceled, but there must be good reason for this, for example, the lack of the necessary amount of funds in the company. In addition, it is required to issue an appropriate order in the organization, which all employees get to know. The local regulatory documentation of the company gives reasons for which the employees of the enterprise were deprived of the payment of a bonus for the complexity and intensity of the work.
When is it convenient to use surcharges?
Surcharge is a payment that may not have any fixed and fixed size. Therefore, due to this amount of money, you can really motivate every employee of the enterprise. Most often, the bonus is tied to the salary of employees. It acts as a reward for work in specific and difficult conditions. This is especially true for employees who occupy one position, but at the same time cope with a large number of different tasks. Under such conditions, the employee is loyal to the company and the management of the company. Due to the surcharge, his further activities related to solving complex problems are stimulated.
Most often, the copayment system is used in the following situations:
- in companies or fields of activity where difficulties arise in planning the volume of work, and a fixed salary does not correspond to the efforts that the employee invests during the implementation of the main labor duties;
- there is no reason to use other types of surcharges, for example, in the trade of workers it is more profitable to reward bonuses that depend on the revenue or profit received, but in enterprises where it is impossible to determine the material efficiency of labor, it is important to apply surcharges.
Although the allowance, which depends on the complexity and intensity of work, is a stimulating payment, it is still part of the wage system. If information about this payment is contained in a collective or individual labor contract, as well as enshrined in the regulatory documents of the company, then the manager is obliged to pay the employees the required cash.
What to do to employees in the absence of payment?
The establishment of a bonus for the complexity and intensity of work is the right of the employer, and not an obligation. This applies only to commercial enterprises. Therefore, enterprise managers may refuse to use this incentive payment. But if the director entered information about its transfer to the local documentation and labor agreements, then he must timely pay money to all employees of the enterprise.
Often, company employees are faced with the fact that information about the transfer of such a bonus is contained in their employment contract, but in fact the employer refuses to pay money. There may be various reasons for this, but at the same time, the head of the company does not correctly execute the refusal to transfer the surcharge.
Under such conditions, the terms of the labor agreement are violated, so workers can apply to different state institutions to protect their rights. They can use the following methods:
- preparation of a claim addressed to the head of the company, where specialists require the transfer of the due amount of funds;
- writing a complaint to the labor inspectorate, and on the basis of this document, an inspection of the company will be carried out, with the help of which the inspection specialists will identify all violations;
- drawing up a complaint to the prosecutor.
Most often, business leaders respond positively to claims made by employees, so they immediately pay the due amount or draw up documentation on the basis of which they refuse or reduce the payment on good grounds. If the director regularly violates the labor rights of workers, it is advisable to file a complaint with the labor inspectorate in order to hold the negligent employer accountable.
Conclusion
The bonus for complexity and intensity of work can be used both at state and commercial enterprises. Its size is determined by the management of the company, which takes into account the conditions in which the employees of the company work. The amount of payment may be fixed or depending on the salary of hired specialists.
Information on the amount and rules for the transfer of this allowance should be included in labor agreements and local regulations. Refusal by the employer to transfer funds is a serious violation.