Regulations on the payment of bonuses for complexity and tension to employees of the company (form, sample

Many people are forced to work in truly specific and difficult conditions. They can count not only on a salary, which is negotiated with the employer in advance, but also on a special bonus for the complexity and intensity of the work. It can be represented by a fixed amount of money or some percentage of the employee’s salary. The rules for its payment are certainly specified in the company’s local regulations. Each employee of an enterprise who encounters high voltage while performing their job duties can demand such an allowance.

Premium concept

An allowance for the complexity and intensity of work is assigned to all persons who work in specific conditions. Based on Art. 57 of the Labor Code, each employment contract must contain information about the amount of earnings of any hired specialist. This includes information not only about salary, but also about various bonuses, allowances and additional payments.

Based on Rostrud letter No. 395-6-1, each employer must indicate the amount and rules for transferring an allowance for the complexity and intensity of work in the text of the employment agreement. Additionally, you can use a link to the corresponding clause in the company’s local regulations. This payment is represented by a certain incentive for specific working conditions.

Expert opinion

Unfortunately, despite the presence of the concept of the traveling nature of work, it is completely blurred. The absence of a norm that could be considered as compensation leads to appeals to the labor inspectorate and court hearings, where, of course, if there is evidence, the side of the initiator of the court will be accepted. There is currently a bill under consideration that would set the minimum rate of compensation for one day at 1,500 rubles, but it should be noted that it is only under consideration and it is unknown whether it will be adopted.

Head of the State Labor Inspectorate in Moscow Sergey Yurievich Gubin

Purpose of use

An allowance for the complexity and intensity of work is used by both commercial and government organizations. It is found in military structures, law enforcement agencies or in special production enterprises. With its help, the management of different organizations can solve several significant issues at once:

stimulation of successful and high-quality work of each employee of the enterprise is ensured;
labor productivity of all hired specialists increases;
employers often tie this payment to the implementation of a plan or transfer it for activities under very specific conditions;
funds can be paid to all employees of the company or only to those individuals who in one way or another face difficult or stressful working conditions.

The employer independently determines what the amount of the bonus for complexity and tension will be, in what cases it will be paid, and also what method of transfer will be used for this. But if the company’s management decides to use such payments, then such a decision is certainly recorded correctly, for which the necessary changes are made to the employment contract of each employee and are prescribed in internal regulations.

What additional payments are due to bus drivers?

What additional payments should be paid to bus drivers? The regulation should not violate the norms and standards approved by the legislation of the Russian Federation. You can read more about the general principles for developing the Regulations in my article.

Here we will not talk about the categories indicated on the driver’s license.

In this article, we tried to summarize the available information about the features of payment for the organization's driver staff. Contents 1. General provisions 2. Categories of the driving staff 3. Payment of drivers 4. Time-based wages 5. Important Structure of the wage provisions 9. Conclusion Regulations on the payment of drivers is developed at enterprises or organizations with the aim of organizing the procedure and conditions for remuneration of drivers, their material incentives (bonuses) and incentives. 2.6. remuneration of drivers With reference to the specified acts and your internal situation, an allowance is assigned.

Good afternoon, dear Ilyusa.
The conditions for incentive payments, which include additional payments to drivers for class performance, must be enshrined in the internal documents of the institution. For example, in the Regulations on remuneration.

And, as a rule, such an additional payment is established within the limits of the salary according to the staffing table (other document) for the combined profession. When organizing the delivery of inventory items in order to save the working time of other employees, drivers may be given an additional payment for combining professions (positions): a) loader on the vehicles assigned to them when transporting small quantities and lightweight cargo, as well as on sewage disposal vehicles and garbage trucks ;

b) agent, forwarder, cargo acceptor - for registration and delivery of waybills; c) repair workers (when performing the entire range of repair work, drivers may be assigned an increased wage category); d) orderly (drivers of cars of medical institutions); e) projectionist (drivers of mobile film installations).

To remunerate drivers, time-based, piece-rate and non-tariff forms of remuneration are used, as well as a system of various increases in tariff rates (salaries), allowances and surcharges. As a rule, drivers are on a time-based wage, in which their basic salary consists of payment of the tariff rate (salary) for the month based on the tariff category (salary) assigned to them and depending on whether or not the standard working time for the month has been fully worked out .

The number and duration of work shifts according to shift schedules for irregular working hours are established based on the normal length of the working week, and weekly rest days are provided on a general basis. The irregular working hours regime must be accompanied by compensation, which can be: a) additional leave of up to 12 working days, added to the main leave, lasting at least 24 working days; b) establishment of an additional payment (premium) for work during irregular working hours.

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If no compensation is provided for workers with irregular working hours, then when work is performed in excess of working hours, it should be recognized as overtime with increased wages.

That is, the employer, taking into account compliance with the requirements for assigning class I (the presence in the driver’s license of marks for the right to drive the relevant categories of vehicles and the required work experience), can decide to maintain (confirm) the driver’s class assigned by the employer at the previous place of work. To do this, the driver must write a corresponding application to maintain (confirm) the class assigned at the previous place of work.

In this case, after the end of the probationary period, during which the driver’s knowledge and skills are tested, the qualification commission evaluates the driver for compliance with this qualification. Based on the results of the commission’s work, the head of the institution makes the final decision on maintaining or not maintaining the class.

Does it follow from this that a bus driver cannot have such a working schedule? In our opinion, it is possible to establish an irregular working day for bus drivers, because when using an irregular working day, one should first of all be guided by the Recommendations regarding the procedure for granting employees with irregular working hours annual additional leave for the special nature of work, approved by Order of the Ministry of Labor dated October 10, 1997 No. 7 .

Therefore, the head of, in particular, an educational institution can include the position of a school bus driver in this list.

By Sergey Mashkov / 4th June, 2021 / Inheritance law / No Comments Basically, for Class II vehicle management specialists, the premium for class is 10%, and Class I - 25% of the tariff rate for the time actually worked by the driver on the flight. The figures are approximate and can be changed by decision of the organization’s administration.

Organization of production at automobile transport enterprises. Evgeny Zaitsev | Buy a school textbook in the online bookstore OZON.ru | 978-5-7695-4205-3 The structure of the wage provision may have, for example, the following form: 1. General provisions:

introduction with links to the main publications (legislative framework) of the provision;
a general definition of the applied remuneration system and its main components;
determination and description of the properties of the payment system used for certain categories of workers.

The provision should not violate the norms and standards approved by the legislation of the Russian Federation. You can read more about the general principles for developing the Regulations in my article. The regulations must be developed in accordance with the specifics of transport production, taking into account the system of organization and work schedule of driving personnel, the complexity and nature of the implementation of transport tasks.

This document extends its legal force to persons (drivers) carrying out their labor activities on the basis of drawing up an employment contract with an enterprise. Here we will not talk about the categories indicated on the driver’s license. A wide variety of automotive equipment and areas of its use impose special requirements on the organization of both work and remuneration of employees of motor transport departments. Vehicles over 12 tons):

freight transport operating within a radius of 50 km;
freight transport operating within a radius of more than 50 km;
freight transport carrying out international transportation.

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Driver remuneration is money paid to drivers for the high-quality and timely performance of their duties in accordance with the legislative framework of the Russian Federation, labor agreements, regulations on remuneration for drivers, as well as additional regulatory documents of the enterprise regulating the relationship between the employee and the employer.

If the bonus coefficient is approved in the collective agreement and is a great lever for motivating work, then the fixed bonus amount can vary each reporting period and depends on the decision of the head of the enterprise (division). The driver's category depends on the vehicle he is driving and the specifics of the vehicle's operation.

The classification of drivers (upgrade or downgrade) is determined at the enterprise by a qualification commission, which carries out the appropriate certification.

The decision to assign a class is approved by an order for the enterprise, and a corresponding entry is also made in the employee’s work book by an authorized person.

Additional wages. When paying drivers, the following types of surcharges and allowances are most often used: 1) surcharge for overtime work; 2) additional payment for night work; 3) additional payment for combining professions; 4) bonus for class; 5) additional payment for dividing the working day into parts.

.e. Job title: 1st class driver, 2nd class driver, etc. Is the enterprise obliged to make additional payments for class, if these additional payments are not provided for in the Regulations on remuneration, but there are additional payments for work on specific vehicles? What regulatory documents provide for surcharges for drivers?

How is it processed?

The bonus for complexity and tension is paid to military personnel and law enforcement officers without fail, since its transfer is regulated by legal requirements. But in commercial enterprises, the manager must make this decision independently. Many organizations refuse to pay this amount of funds, which often leads to low 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 bonus. To do this, it is important to format it correctly, for which the following steps are performed:

Initially, one director or several founders makes a decision on the use of such a bonus, for which a meeting of participants is held;
an order is issued on an increase for complexity and tension;
changes in the terms of cooperation are fixed in the collective labor agreement, as well as in individual agreements drawn up with the company’s employees;
A local regulatory act is issued by the company, which lists the main conditions for assigning additional payments.

When drawing up any document and making changes to the employment contract, the amount of payment, the frequency of its transfer and other rules are indicated. The premium for complexity and tension is used more often in the Republic of Belarus compared to companies operating in the Russian Federation. This is due to the fact that in Belarus employers try to motivate their employees through financial payments. Each employee is notified in advance about when and in what amount he will receive this payment. If a citizen is just getting hired, then he has the right to request for study a local regulatory act, which specifies the basic rules for assigning payments.

Criteria for establishing a premium for complexity and intensity

RESOLUTION of January 14, 2014 N 27 On approval of the Regulations on the procedure for establishing a monthly bonus to the official salary for the complexity and intensity of work for employees of municipal government institutions of the city of Kurgan "Accounting Center" (as amended on November 15, 2021) (as amended by the Resolution of the Administration of the city of Kurgan ) In accordance with, , Decision of the Kurgan City Duma dated April 20, 2011 N 79

“On approval of the Regulations on remuneration of workers of municipal government institutions of the city of Kurgan”

Accounting Center”, The Kurgan City Administration decides: 1. Approve the Regulations on the procedure for establishing a monthly bonus to the official salary for the complexity and intensity of work for employees of municipal government institutions of the city of Kurgan “Accounting Center” in accordance with Appendix.2.

This Resolution applies to legal relations that arose from 01/01/2014.3.

Control over the implementation of this Resolution is entrusted to the Deputy Head of the Administration of the City of Kurgan, Director of the Department of Social Policy of the Administration of the City of Kurgan V.A. Osipov.

Head of the Administration of the City of Kurgan A.G. YAKUSHEV Appendix to the Resolution of the Administration of the City of Kurgan dated January 14, 2014 N 27

“On approval of the Regulations on the procedure for establishing a monthly bonus to the official salary for the complexity and intensity of work for employees of municipal government institutions of the city of Kurgan”

Accounting Center" REGULATIONS ON THE PROCEDURE FOR ESTABLISHING A MONTHLY INCREASE TO THE OFFICIAL SALARY FOR THE COMPLEXITY AND INTENSION OF WORK FOR EMPLOYEES OF MUNICIPAL PUBLIC INSTITUTIONS OF THE CITY OF KURGAN "ACCOUNTING CENTER" (as amended.

Resolutions of the Kurgan City Administration)1.

This Regulation on the procedure for establishing a monthly bonus to the official salary for the complexity and intensity of work for employees of municipal government institutions of the city of Kurgan "Accounting Center" (hereinafter referred to as the Regulations) was developed in order to materially stimulate the work of the most qualified, competent, responsible and proactive employees of municipal government institutions of the city Kurgan "Accounting Center" (hereinafter - institutions). 2.

A monthly bonus to the official salary for the complexity and intensity of work (hereinafter referred to as the monthly bonus) is an integral part of the salary of employees of the institution, is paid simultaneously with the payment of wages for the past period, in proportion to the time actually worked and is taken into account when calculating average earnings.3.

Funds for paying monthly bonuses to employees of the institution are taken into account when forming the institution’s wage fund for the next financial year in the cost estimate for maintaining the institution, in the amount of three official salaries of the institution’s employees listed in paragraph 4 of Chapter 2 of these Regulations.4. The monthly bonus is set at up to 25% of the official salary: 1) employees of institutions holding managerial positions (except for heads of institutions)

Premium for complexity and tension

QUESTION: Can bonuses for the complexity and intensity of work be set personally (i.e., individually for each employee)?

How is the premium established?

ANSWER: work is paid to managers, specialists and other employees of commercial organizations of all organizational and legal forms in accordance with the conditions and in the amounts determined by the employer in collective agreements, agreements, employment agreements (contracts).

It is advisable to establish such types of allowances for those categories of workers for whom it is possible to determine the degree of complexity and intensity of work and the content of their work is characterized by the stability of the tasks performed (heads of workshops, sections, foremen, specialists of linear and functional departments).

The assessment of the criteria for the complexity and intensity of the work performed by specialists in order to establish an allowance should be made on the basis of taking into account the volume and complexity of the duties performed, provided for by job descriptions, labor standards, the timing and quality of their implementation, as well as criteria characterizing the qualifications of the employee, his competence, responsibility and initiative in work.

As stated in the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated April 28, 2006 No. 54

“On recommendations for organizing wages based on the Unified Tariff Schedule for Workers of the Republic of Belarus”

, the general criteria for assessing an employee for establishing the above allowances can be: - the degree of correspondence of education to the position held; - ability to work on a computer; — work experience in the specialty and knowledge of the specifics of the organization; — level of ethical communication in the team; — independence and creativity in work; — timeliness and quality of task completion; - ability to get things done; — readiness for continuous professional development and training.

The amount of the bonus, the procedure and period for its payment are determined by the head of the organization in agreement with the trade union and are reflected in the collective agreement, agreement, employment agreement (contract).

As a rule, one bonus is established for one employee. In accordance with the resolution of the Council of Ministers of the Republic of Belarus dated December 24, 1998 No. 1972

“On additional measures to improve wages for workers in economic sectors”

the total amount of funds allocated for the payment of bonuses for high achievements in work, performance of particularly important (urgent) work and other indicators paid to managers, specialists and other employees of commercial organizations and included in the costs of production and sales of products (works, services) taken into account when pricing and taxation, should not exceed 30% of the amount of official salaries of these categories of workers.

The complexity and intensity of work for any employee, even for the same position (profession), may differ, therefore such allowances must be established for each employee personally.

Alexey Parkhimovich, leading labor economist From the editor: From January 15, 2009, Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated April 28, 2006 No. 54

“On recommendations for organizing wages based on the Unified Tariff Schedule for Workers of the Republic of Belarus”

on the basis of the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated January 15, 2009 No. 10, became invalid.

Order for complexity and tension sample

› Standard provision on the payment of bonuses, free sample.

This provision on the payment of bonuses determines the procedure and conditions for the payment of monthly bonuses for the complexity, intensity and high achievements in the work of LLC employees.

Additional payment for the complexity and intensity of work, the amount of additional payment for. The fact is that I am not an employee of the Ministry of Internal Affairs, but of the Ministry of Emergency Situations, and we have an order of the Ministry of Emergency Situations of the Russian Federation dated No. 250 “On payments to employees.

B) monthly bonus for complexity and tension;. A sample order for additional payment for an increase in the volume of work required.

A monthly bonus for the complexity, intensity and high achievements in work of employees is established in order to materially stimulate the work of the most qualified, competent, responsible and proactive employees who conscientiously perform their functional duties. For the payment of a monthly bonus for complexity, intensity and high achievements in work, funds are provided in the amount of one wage fund per year for all employee positions provided for in the Company’s staffing table.

A monthly bonus for complexity, intensity and high achievements in work can be set for an employee for a year or for a certain period (month, quarter).

The main criteria for establishing a bonus are: - conscientious performance of official duties by the employee; — involving the employee in performing urgent and responsible tasks; — the competence of a specialist from among employees in making management decisions, the responsibility of a technical contractor in maintaining high quality technical support for the Company’s activities.

The listed indicators for establishing an allowance for complexity, intensity and high achievements in work can be clarified and specified.

The amount of the bonus for complexity, intensity and high achievements in work for an employee cannot exceed 1.

The specific amount of the monthly bonus for complexity, intensity and high achievements in work is established (as a percentage of the tariff rate (salary) taking into account increases and raises for employees in such a way that the total amount of bonuses paid during the year does not exceed the amount of the annual wage fund for employee positions.

Due to the fact that a monthly bonus for complexity, intensity and high achievements in work is not a mandatory form of remuneration for each employee, the inclusion of funds for the payment of this bonus in the annual wage fund for all regular positions is not the basis for establishing this bonus specifically every employee. By order of the General Director of the Company, the previously established amount may be reduced to an employee.

Making criteria for the complexity and intensity of the hospital.

Instructions on the payment of bonuses for complexity, tension and special regime of service - Rossiyskaya Gazeta

The paper, called the provision for the payment of bonuses for complexity and tension, is. Downloading and following the written regulations is not difficult. Theoretically, the question of the need to issue bonuses to employees for complexity and tension in work is clear.

However, in practice, everything is not always smooth. Employees often have to prove the complexity and intensity of their actions. The approved document, called the provision on the payment of bonuses for complexity and tension, is not difficult to implement and is local in nature.

It is created exclusively within the department and signed by the parties to labor relations. The text of the content for each specific enterprise will be unique.

The HR department, using or the provided sample, which can be downloaded for free, can easily implement written regulations for the payment of bonuses.

In addition to creating regulatory paper that encourages the complexity and intensity of functions, the provision for the payment of bonuses is stimulating.

The material benefit of an employee is one of the professional activities:

Listing of the attached papers for incentive bonuses;
General provisions, criteria for making additional payments;
Amount, timing of issuance of allowances, as well as the process;
Title and short description;
Manager's approval in the upper right corner;
Signature of the manager, HR department employee. It is possible to include a notification mark for employees at the bottom of the content.

The provision on the issuance of bonuses for complexity and tension may appear in the form of an order from a manager or an independent source of information with rules of behavior and instructions. must have clauses for the temporary determination of payments. Bonuses can be annual, quarterly, monthly, one-time and others.

Specification of each action will eliminate disputes between the employee and the employer.

Source: https://gordeychik.ru/kriterii-dlja-ustanovlenija-nadbavki-za-slozhnost-i-naprjazhennost-19029/

Establishing an allowance for the complexity and intensity of work

An allowance for the complexity and intensity of work is one of the types of compensation payments and is assigned either by a regulatory act (for employees of government agencies) or by a local act of the organization. In this article we will take a closer look at the issue of establishing a premium.

What is the complexity and tension premium?

Article 57 of the Labor Code of the Russian Federation includes among the conditions that must be contained in the text of the employment agreement, questions about wages, which include various types of allowances and payments.

Rostrud, in letter dated March 19, 2012 No. 395-6-1, explains that the clause on the allowance can be included either in the text of the employment contract, or it may contain a reference to a local or regulatory act regulating this issue. In the latter case, the employee must be familiarized with the contents of this act against receipt.

Why is this surcharge necessary? Stimulating employees to increase productivity is one of the important tasks of production.

If the employer is interested in motivating an employee for better results, including financially, then the bonus for complexity and tension is an excellent help, since it can be “tied” to the implementation of any plans or made a reward for work in difficult conditions .

Thus, speaking about an allowance for the complexity and intensity of work , we can conclude that this is a kind of compensation payment that is assigned to a certain circle of workers, and its size and procedure for receiving it must be prescribed in an act (regulatory or local).

Below we will look at how the amount of payments is established, as well as the question of the procedure for assigning it.

How is additional payment made for the complexity and intensity of work?

If we are talking about commercial organizations not related to budget financing, then the employer can set the premium in one of the following ways:

Write down a condition about it in the employment agreement with the employee. In this case, you must indicate its size and terms of payment.
Make a reference in the employment contract to the local act of the organization, which contains the procedure for assigning and paying bonuses for the complexity and intensity of work (for new employees).
Issue a local act and draw up an additional agreement to the employment contract (for already employed employees).

Regardless of which option the employer chooses, the main thing is that the employee knows in which case he is entitled to a bonus and what its size will depend on. In other words, the employee becomes familiar with the local act against receipt either at the time of employment or after the act is issued.

When it comes to public sector employees, the issue of assigning bonuses is, as a rule, regulated by a regulatory act of a higher authority. For example, order of the Investigative Committee of the Russian Federation “On approval...” dated 08/08/2016 No. 73.

As a rule, regulations of this kind stipulate what exactly are the criteria for assigning payments, for example, intensity of work, involvement in the performance of important tasks, etc.

Source: https://zakonosfera.ru/cat-num-4/nadbavka-za-slozhnost-i-napryazhennost.php

Nuances for budgetary institutions

An allowance for complexity and tension is most often introduced in various budget organizations. In them, the amount of this payment is established by higher authorities that issue the relevant normative act. For example, law enforcement officers receive payments based on an act issued by the Investigative Committee of the Russian Federation.

Such additional payment is usually assigned immediately from the moment of employment in the authorities. It can be paid simultaneously with your salary or at another time period.

What supplement can be paid to a driver for irregular working hours?

The only form of compensation in this case is the provision of additional paid leave.

The duration of annual additional paid leave for work in irregular working hours is determined by a collective agreement or internal labor regulations, and it cannot be less than three calendar days.

Commercial organizations have the right to determine the rules and conditions for the provision of additional paid leave for work under irregular working hours, and to develop lists of positions for which the irregular working hours regime may be applied independently. At the same time, the developed and adopted rules and conditions for granting vacations can be issued by a separate order for the organization, and the duration of vacations, in accordance with the requirements of Art.

Attention

Labor or collective agreements or internal labor regulations of the organization must list all the main responsibilities that make up the scope of work of persons who are assigned an irregular day.

If work is performed that is not related to the employee’s duties provided for in the employment contract, collective agreement and internal labor regulations, these works are paid by agreement as the performance of special tasks.

Employees who are subject to irregular working hours are generally exempt from work on weekly rest days and holidays, except for cases specifically stipulated in labor or collective agreements or in internal labor regulations. In the absence of such a clause, work performed in individual cases on the above days must be compensated on a general basis.

Remuneration for drivers with irregular working hours

Important

The duration of such work should not exceed 4 hours for two consecutive days and 120 hours per year. Thus, the employer is required to keep a log of the duration of overtime work.

Overtime work for the first two hours is paid at least one and a half times, for subsequent hours - at least double (Article 152 of the Labor Code of the Russian Federation). At the request of the employee, instead of increased pay as compensation for overtime work, he may be provided with additional rest time, but not less than the time worked overtime. An irregular working day is one of the working hours in which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

Driver's irregular working hours

People's Commissariat of Labor of the USSR dated February 13, 1928 No. 100 “On workers with irregular working hours” (hereinafter referred to as Resolution No. 100).

In accordance with the Rules for the provision of annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget, approved by Resolution No. 884 (hereinafter referred to as the Rules for the provision of additional leave for irregular working hours), the list of positions for employees with irregular working hours includes managerial, technical and business personnel and other persons whose work during the working day cannot be accurately accounted for, persons who distribute working time at their own discretion, as well as persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

Procedure for applying for additional payment for irregular working hours

Employees with irregular working hours, in cases of production necessity, may be recruited to perform their assigned job duties in excess of normal working hours.

However, such overtime for these workers is not considered overtime work and is not compensated by increased payment. However, they should not be involved in systematic work outside of school hours.

The introduction of an irregular working day on an individual basis is carried out by order of the manager with notice to the employee no later than two months in advance.

An irregular working day regime can also be established for workers employed on a part-time working week (for part-time workers such a regime cannot be established).

Irregular working hours

The schedule is the basis for maintaining daily or summarized working time records. The number and duration of work shifts according to shift schedules for irregular working hours are established based on the normal length of the working week, and weekly rest days are provided on a general basis.

For your information! The regulation on drivers does not apply to motor transport workers engaged in international transport, as well as those working as part of teams in a rotational work organization.

The shift schedule must indicate the start and end times of work, as well as the duration of daily work (shift), breaks for rest and food, daily (between shifts) and weekly rest.

When drawing up the schedule, the employer is obliged to take into account the opinion of the representative body of employees. According to clause

Extra payment for drivers' class

Salary", 2007, N 2 Question: The staffing table provides for additional payment to drivers for irregular working hours. What documents can confirm that the driver worked more than the established norm? After all, for overtime work you need to either pay at an increased rate or provide additional rest time.

Answer: Let's first understand the concepts of “overtime” and “irregular working hours”. Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee.

According to the Labor Code of the Russian Federation, compensation for additional leave for work on irregular working hours cannot be paid to pregnant women, employees under the age of 18, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions.

At the expense of the organization, other benefits may be provided for working in the specified mode.

These, in particular, may include increasing the amount of wages (establishing a special additional payment, increased (personal) salary), providing leave at a time convenient for the employee, sending the employee for training at the expense of the organization, etc.

If no compensation is provided for workers with irregular working hours, then work in excess of normal working hours must be recognized as overtime with additional payment in the manner prescribed by Art. 152 Labor Code of the Russian Federation.

The list of positions of employees with irregular working hours must be enshrined in the collective agreement and local regulations (Article 101 of the Labor Code of the Russian Federation). The legislation does not oblige employers to take into account time exceeding the normal working hours of such employees and pay for this time at an increased rate.

And compensation for working irregular working hours is additional paid leave of at least three calendar days. In addition, the employer has the right to establish bonuses for employees with irregular working hours.

In this situation, drivers work irregular working hours. This condition must be specified in the collective agreement, internal labor regulations and employment contracts.

Employees who have 2nd or 1st category can count on additional payment. This possibility must be provided for in the employee’s employment contract with the employer or in the collective agreement.

Most often, the premium amount is as follows:

for 2nd grade the employee receives 10%;
for 1st class the employee is credited 25%.

If the regulations on remuneration (employment contract) do not provide for additional payment for class, then the employer has the right not to pay it.

Additional payment for irregular working hours for drivers. Irregular working hours may be established for first-person car drivers and truck drivers.

For work on irregular working hours, compensation is provided only in the form of additional paid leave (Article 119 of the Labor Code of the Russian Federation). But the employer can pay the employee bonuses for working irregular working hours.

As compensation for increased intensity, more responsible nature of work and work outside of normal working hours, employees with irregular working hours should be provided with additional leave. If the employee refuses to take additional leave, the time of such leave may be, by decision of the administration, replaced by the payment of monetary compensation in the manner established by Art.

126 Labor Code of the Russian Federation. To receive compensation, the employee must submit a written application to the employer and receive approval to receive it. In turn, the employer has the right to refuse payment of compensation and provide additional leave in kind. According to Art.

Source: https://tk-advokat.ru/2021/04/21/kakuyu-nadbavku-mozhno-oplatit-voditelyu-za-nenormirovannyj-rabochij-den/

Do employees need to be notified?

If a hired specialist just gets a job in a company, then he is certainly warned about what salary he will receive, as well as what types of payments and allowances he is entitled to. Therefore, when hiring a new citizen, the employer performs the following actions:

internal regulations containing information on what bonuses are paid for difficult or stressful working conditions in the company are provided for review;
additionally, when drawing up a new employment contract, it is indicated what the amount of this payment will be, as well as in what way and within what time frame it will be transferred to the citizen;
It is allowed that the employment agreement does not contain information about the amount of payment, but there must be a reference to the regulatory act available in the company, which lists the rules for transferring money.

If an increase for complexity and tension is introduced for already registered employees, then a special additional agreement to the existing employment contract is drawn up for them. In any case, the employer must warn the employee that he is being assigned an additional payment. The employee has the right to demand clarification as to what the amount of the additional payment depends on, as well as when exactly and in what form it will be transferred.

Surcharge

In accordance with labor legislation, there is a type of allowance that is accrued if a citizen carries out labor activities in other conditions (in this case, traveling) as:

Overtime - in the event that a citizen works beyond the norm that is allocated to him per month or day;
In special climatic conditions, if we relate this to a truck driver, then this could be the following example: an employee lives and works in hot conditions, suddenly his work is needed where it is constantly cold;
On weekends – if a certain day falls on a weekend and you need to work during this time;
Night shifts.

Since the traveling nature of the work involves constant travel, not counting the day or night, compensation is certainly due here. Unfortunately, the legislation does not contain an exact or approximate amount of money that can be considered compensation for travel, so it is sometimes difficult to prove that a citizen really has the right to compensation.

However, employers use the generally stated formula: how much extra time a truck driver spent behind the wheel is multiplied by the amount of payment per day, the final amount is compensation, we will use an example:

Petrov P.P. has been working as a truck driver for Malta LLC for 5 years. His job is to transport goods from one place to another, his work schedule is 15/15. Accordingly, the citizen is employed as a rotation worker, since he works 15 days, rests the rest of the days, his salary is 47,000 rubles. Just recently, his partner quit and he was forced to work 30 days and rest only 15. In addition to double wages (94,000 rubles), he has the right to compensation, which will be equal to 23,500 rubles.

After official registration, this amount should go to the account of citizen Petrov.

What size is assigned?

The monthly bonus for the complexity and intensity of the work of different specialists may vary in size. This issue is resolved by the direct employer if a citizen is employed in a commercial organization. If an allowance is paid for complexity and tension in the Ministry of Internal Affairs, then its size is determined exclusively by higher government bodies.

If a payment is assigned to the owner of a commercial enterprise, then he can use several options when determining the amount of this payment:

the amount of the additional payment is set at a fixed amount, and the amount may differ 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 specified in the employment agreement;
funds are paid exclusively when employees achieve certain goals represented by the implementation of the plan or the implementation of other activities;
the amount of the additional payment depends on the workload the employee of the enterprise faced in the current month;
Several methods are used to calculate this payment.

The chosen method for calculating the premium must be specified in the company’s internal local documentation. It is often stated that the bonus can 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 purpose, the allowance is agreed upon with the head of each structural unit of the company.

Premium for complexity and tension

Why is this surcharge necessary? Stimulating employees to increase productivity is one of the important tasks of production.

If the employer is interested in motivating an employee for better results, including financially, then the bonus for complexity and tension is an excellent help, since it can be “tied” to the implementation of any plans or made a reward for work in difficult conditions .

Thus, speaking about an allowance for the complexity and intensity of work, we can conclude that this is a kind of compensation payment that is assigned to a certain circle of workers, and its size and procedure for receiving it must be prescribed in an act (regulatory or local).

Below we will look at how the amount of payments is established, as well as the question of the procedure for assigning it.

How is additional payment made for the complexity and intensity of work?

If we are talking about commercial organizations not related to budget financing, then the employer can set the premium in one of the following ways:

Write down a condition about it in the employment agreement with the employee. In this case, you must indicate its size and terms of payment.
Make a reference in the employment contract to the local act of the organization, which contains the procedure for assigning and paying bonuses for the complexity and intensity of work (for new employees).
Issue a local act and draw up an additional agreement to the employment contract (for already employed employees).

As a rule, regulations of this kind stipulate what exactly are the criteria for assigning payments, for example, intensity of work, involvement in the performance of important tasks, etc.

The bonus must be established from the moment a citizen is appointed to the position, and is paid simultaneously with the salary.

Additional payment for tension and complexity

As a rule, when setting the amount of bonus for the complexity and intensity of work, the employer can choose one of several options:

the amount is assigned in a fixed amount for a position or group of positions;
the amount of additional payment is set as a percentage of the salary;
the bonus is paid only if the plan is fulfilled, etc.;
the amount of additional payments is related to the workload in a calendar month;
combining several options for calculating payments.

The local act that establishes the bonus may specify the amount of payments as follows: “The monthly bonus for complexity and tension can be set as a percentage of the employee’s salary (from 20 to 100%).”

And the specific size is specified by the head of the organization in agreement with the employee’s immediate superior. In addition, you can indicate that no more than 10 salaries for the position are allocated annually for the complexity bonus from the organization’s budget, for example.

Accordingly, the accounting department cannot go beyond this amount and the amount of additional payment is established based on this criterion.

The employer has the right to change the amount of payments, as well as cancel them, by issuing an appropriate order and familiarizing the employee with it. At the same time, the local act should reflect the circumstances under which the employee is deprived of the bonus.

***

Thus, despite the fact that the complexity bonus is an incentive payment, if it is included in the remuneration system, then its accrual is mandatory, except for cases established by the legislator in regulations or by the employer in local regulations.

Source: https://nec-it.ru/nadbavka-za-slozhnost-i-napryazhennost/

Can I cancel or change?

In some companies, the complexity and tension premium is calculated based on the amount that is allocated from the company's budget at the end of each year. In this case, usually the amount of this payment does not exceed ten times the amount of his salary for each employee.

Even if information about the amount of the additional payment is specified in the company’s internal regulatory documentation, the employer still has the right to change this amount. If necessary, the payment of additional payment is canceled, but there must be compelling reasons for this, for example, the lack of the required amount of funds in the company. Additionally, it is required to issue a corresponding order in the organization, which all employees become familiar with. The company’s local regulatory documentation provides the reasons why the company’s employees were deprived of payment of bonuses for the complexity and intensity of their work.

Remuneration of drivers of trucks and ordinary cars

As already noted, incentive payments can be made in the form of additional payments, allowances and compensation. Additional payments are designed to provide compensation for additional labor costs caused by objective differences in the conditions and severity of work. Allowances stimulate a conscientious attitude to work, improvement of qualifications, work intensity, performance of work duties in certain conditions, as well as the manifestation of initiative in carrying out assignments and assignments. Compensations make it possible to partially compensate for losses in earnings caused by reasons beyond the control of the enterprise (for example, rising prices for goods, utilities, etc.). When manufacturing products that are found to be defective through no fault of the worker, all defective products are paid for as good. Defects caused by a worker are not subject to payment. Additional payments and allowances of the second group can be divided as follows. Additional payments and allowances of an incentive nature: ■ for combining professions (positions) and performing the duties of a temporarily absent employee; ■ for expanding service areas or increasing the scope of work; ■ workers for professional excellence; ■ specialists for high achievements in work, complexity and intensity of work; ■ foremen who are not released from their main work. Appendix 1 to the Resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 N 6 “TERMS OF WAGE, COMMON FOR EMPLOYEES OF ORGANIZATIONS FINANCED FROM THE BUDGET AND USING STATE DONATIONS (UNLESS OTHERWISE PROVIDED BY INDUSTRY CONDITIONS MI REMARKS)" is established:...1.7. drivers of trucks, cars, and buses are paid monthly bonuses for class: 2nd class drivers in the amount of 10 percent and 1st class drivers - 25 percent of the established tariff salary for time worked as a driver; 1.8. Drivers of company cars for the special nature of their work are given an additional payment of up to 25 percent of the tariff salary for the time worked; (as amended by the resolution of the Ministry of Labor and Social Protection dated 02/06/2006 N 15) 1.9.

When is it convenient to use additional payments?

An additional payment is a payment that may not have any fixed and unchanging amount. Therefore, with this amount of funds it is possible to really motivate every employee of the enterprise. Most often, the bonus is tied to the employee’s salary. It acts as a reward for work in specific and difficult conditions. This is especially true for workers 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 additional payment, his further activities related to solving complex problems are stimulated.

The surcharge system is most often used in the following situations:

in companies or areas of activity where there are difficulties in planning the volume of work, and the fixed salary does not correspond to the efforts that the employee puts in during the implementation of basic job responsibilities;
there is no rationale for using other types of additional payments, for example, in trade it is more profitable to reward workers with 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 use additional payments.

Although the bonus, which depends on the complexity and intensity of the work, is an incentive payment, it is still part of the remuneration system. If information about this payment is contained in a collective or individual employment contract, and is also enshrined in the company’s regulatory documentation, then the manager is obliged to pay the employees the required funds.

Allowance for complexity and intensity of work

It can be represented by a fixed amount of money or some percentage of the employee’s salary. The rules for its payment are certainly specified in the company’s local regulations.

Each employee of an enterprise who encounters high voltage while performing their job duties can demand such an allowance.

Premium concept

Purpose of use

stimulation of successful and high-quality work of each employee of the enterprise is ensured;
labor productivity of all hired specialists increases;
employers often tie this payment to the implementation of a plan or transfer it for activities under very specific conditions;
funds can be paid to all employees of the company or only to those individuals who in one way or another face difficult or stressful working conditions.

The employer independently determines what the amount of the bonus for complexity and tension will be, in what cases it will be paid, and also what method of transfer will be used for this.

But if the company’s management decides to use such payments, then such a decision is certainly recorded correctly, for which the necessary changes are made to the employment contract of each employee and are prescribed in internal regulations.

How is it processed?

The bonus for complexity and tension is paid to military personnel and law enforcement officers without fail, since its transfer is regulated by legal requirements.

But in commercial enterprises, the manager must make this decision independently.

Many organizations refuse to pay this amount of funds, which often leads to low productivity and significant staff turnover.

Initially, one director or several founders makes a decision on the use of such a bonus, for which a meeting of participants is held;
an order is issued on an increase for complexity and tension;
changes in the terms of cooperation are fixed in the collective labor agreement, as well as in individual agreements drawn up with the company’s employees;
A local regulatory act is issued by the company, which lists the main conditions for assigning additional payments.

This is due to the fact that in Belarus employers try to motivate their employees through financial payments. Each employee is notified in advance about when and in what amount he will receive this payment.

If a citizen is just getting hired, then he has the right to request for study a local regulatory act, which specifies the basic rules for assigning payments.

Nuances for budgetary institutions

Such additional payment is usually assigned immediately from the moment of employment in the authorities. It can be paid simultaneously with your salary or at another time period.

Do employees need to be notified?

internal regulations containing information on what bonuses are paid for difficult or stressful working conditions in the company are provided for review;
additionally, when drawing up a new employment contract, it is indicated what the amount of this payment will be, as well as in what way and within what time frame it will be transferred to the citizen;
It is allowed that the employment agreement does not contain information about the amount of payment, but there must be a reference to the regulatory act available in the company, which lists the rules for transferring money.

If an increase for complexity and tension is introduced for already registered employees, then a special additional agreement to the existing employment contract is drawn up for them.

In any case, the employer must warn the employee that he is being assigned an additional payment.

The employee has the right to demand clarification as to what the amount of the additional payment depends on, as well as when exactly and in what form it will be transferred.

What size is assigned?

If a payment is assigned to the owner of a commercial enterprise, then he can use several options when determining the amount of this payment:

the amount of the additional payment is set at a fixed amount, and the amount may differ 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 specified in the employment agreement;
funds are paid exclusively when employees achieve certain goals represented by the implementation of the plan or the implementation of other activities;
the amount of the additional payment depends on the workload the employee of the enterprise faced in the current month;
Several methods are used to calculate this payment.

The chosen method for calculating the premium must be specified in the company’s internal local documentation.

It is often stated that the bonus can 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 purpose, the allowance is agreed upon with the head of each structural unit of the company.

In some companies, the complexity and tension premium is calculated based on the amount that is allocated from the company's budget at the end of each year. In this case, usually the amount of this payment does not exceed ten times the amount of his salary for each employee.

Even if information about the amount of the additional payment is specified in the company’s internal regulatory documentation, the employer still has the right to change this amount.

If necessary, the payment of additional payment is canceled, but there must be compelling reasons for this, for example, the lack of the required amount of funds in the company. Additionally, it is required to issue a corresponding order in the organization, which all employees become familiar with.

The company’s local regulatory documentation provides the reasons why the company’s employees were deprived of payment of bonuses for the complexity and intensity of their work.

When is it convenient to use additional payments?

It acts as a reward for work in specific and difficult conditions. This is especially true for workers 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 additional payment, his further activities related to solving complex problems are stimulated.

The surcharge system is most often used in the following situations:

in companies or areas of activity where there are difficulties in planning the volume of work, and the fixed salary does not correspond to the efforts that the employee puts in during the implementation of basic job responsibilities;
there is no rationale for using other types of additional payments, for example, in trade it is more profitable to reward workers with 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 use additional payments.

What should employees do if there is no payment?

Establishing an allowance for the complexity and intensity of work is the employer’s right, not an obligation. This only applies to commercial enterprises.

Therefore, business managers may refuse to use this incentive payment.

But if the director has included information about its transfer in local documentation and labor agreements, then he must pay money to all employees of the enterprise on a timely basis.

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 the money. There may be various reasons for this, but the head of the company does not correctly formalize the refusal to transfer the additional payment.

Under such conditions, the terms of the employment agreement are violated, so workers can turn to various government agencies to protect their rights. They can use the following methods:

drawing up a claim addressed to the head of the company, where specialists demand the transfer of the required amount of funds;
writing a complaint sent 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 inspection specialists will identify all violations;
filing a complaint with the prosecutor's office.

Most often, enterprise managers react positively to claims made by employees, so they immediately pay the required amounts or draw up documentation on the basis of which they refuse or reduce the payment for good reasons. If the director regularly violates the labor rights of employees, then it is advisable to file a complaint with the labor inspectorate in order to bring the negligent employer to justice.

Conclusion

An allowance for the complexity and intensity of work can be used in both government and commercial enterprises. Its size is determined by the company’s management, which takes into account the conditions in which the company’s employees work. The amount of payment can be fixed or depending on the salary of hired specialists.

Information about the amount and rules for transferring this allowance should be included in labor agreements and local regulations. An employer's refusal to transfer funds is a serious violation.

Source: https://FB.ru/article/454926/nadbavka-za-slojnost-i-napryajennost-rabotyi

What should employees do if there is no payment?

Establishing an allowance for the complexity and intensity of work is the employer’s right, not an obligation. This only applies to commercial enterprises. Therefore, business managers may refuse to use this incentive payment. But if the director has included information about its transfer in local documentation and labor agreements, then he must pay money to all employees of the enterprise on a timely basis.

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 the money. There may be various reasons for this, but the head of the company does not correctly formalize the refusal to transfer the additional payment.

Under such conditions, the terms of the employment agreement are violated, so workers can turn to various government agencies to protect their rights. They can use the following methods:

drawing up a claim addressed to the head of the company, where specialists demand the transfer of the required amount of funds;
writing a complaint sent 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 inspection specialists will identify all violations;
filing a complaint with the prosecutor's office.

Common Questions

Question No. 1 : Is the payment of compensation regulated at the legislative level if a truck driver works above the norm (in an hourly period) that was announced to him and prescribed during employment?

Answer: Yes, the Labor Code of the Russian Federation is entirely responsible for this compensation; therefore, if the work schedule does not correspond to reality, then the citizen has the right to receive compensation that will partially or fully cover the irregular traveling work schedule.

Question No. 2: Is it possible to independently determine the rate of compensation?

Answer: Unfortunately, the legislation does not contain provisions that must in any case be paid to an employee who performs his or her job duties with honest work. Accordingly, there is no specific figure that would be the norm for paying compensation to a trucker. On average, the following formula is used: the cost of one working day multiplied by the number of days of compensation. However, it is worth noting that wages are not always official, so before applying for a job you should clarify the work schedule, payment and date of official employment.