π Tender Overview
The initiative to introduce mandatory payment of the 13th salary to Russians at the end of the year looks attractive, but only at first glance. In reality, it will not be easy to implement, including changing the norms of the Labor Code, which today provides for such incentives as desirable but not mandatory actions of employers, David Adams, CEO of the professional legal group AID, explained to RT.
In general, such a measure of support for workers can become an incentive for them and increase labor productivity - this is especially relevant against the backdrop of a personnel shortage, Adams noted. However, today's legislation and economic realities do not allow this to be easily implemented in practice, he believes. Thus, today there is not even an officially established concept of such payments, the Labor Code does not contain articles on the obligation to reward employees at the end of the year.
"Thus, the payment of the bonus, including the 13th salary, is considered a right, not an obligation. This leaves room for flexibility, but at the same time excludes obligation," the lawyer explained. If the decision on the 13th salary is approved, then this will first of all require changes to the Labor Code, Adams believes. It will also be necessary to take into account the increased financial burden on companies - while this will not be difficult for large enterprises, such costs will have a significant impact on small and medium businesses. This is associated with risks up to and including bankruptcy.
However, in general, this idea reflects the need of Russians for additional support measures, the lawyer agreed. He called for remembering the importance of balancing the interests of all parties, including employers, employees and the state. Let us recall that the leader of the party "A Just Russia - For Truth" Sergei Mironov approached Prime Minister Mikhail Mishustin with the idea of ??enshrining the norm on the mandatory payment of the 13th salary. Explaining his proposal, he called the problem the fact that each organization makes the decision on the payment of bonuses independently, and many of them refrain from paying it. In his opinion, this will increase the motivation of employees, which is especially important in conditions of personnel shortage.