Civil servants will be able to claim the bonus even after dismissal
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The court held that the denial of additional payments may be illegal
Even after being fired from work, you can get an incentive bonus. This conclusion was made by the Judicial Collegium for Civil Cases of the Third Court of Cassation of General Jurisdiction located in St. Petersburg.
As it became known to MK, this decision was made after the former official went to court. The division of the organization in which he worked was disbanded, the man was paid four monthly salaries and his contract was terminated. And after some time, the organization received funds for incentive payments to employees. The management decided to give employees a quarterly bonus, but only those of them who worked at the time the money came in got it. This did not suit the former official, and he decided not only to receive a bonus for the time he actually worked, but also compensation for the delay in its payment, and for the moral damage caused.
The district court rejected the claim, pointing out that the limits on incentive payments were not designed for laid-off workers, the court of appeal upheld the decision of colleagues, but the Third Court of Cassation did not agree with them.
Members of the Judicial Collegium noted that, in accordance with the Labor Code, all incentive payments are included in wages. In the regulation on bonuses to the organization, when allocating money for bonuses to civil servants, the number of employees, the time worked by each of them, and the results of their activities are taken into account.
As a result, the Court of Cassation indicated that the courts that have dealt with the case before should check whether the bonus provision includes a provision that incentive payments are made only to those who are in the state at the time of receipt of the money. If there is such a restriction, you will have to find out if it is not discriminatory, because the bonus is accrued for the entire quarter, part of which the former employee has worked. The commission canceled the appeal ruling and sent the case back for a new trial.
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