To the question of bonuses (current legal positions The Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation)

Abstract

The question of the legality of the payment of the premium does not subside in law enforcement practice. The reason for this is the incorrect wording of local regulations. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation delimited Article 135 of the Labor Code of the Russian Federation and Article 191 of the Labor Code of the Russian Federation. If these payments are of a regular nature and are accrued for the performance of indicators previously approved by the employer, then they are recognized by the courts as a guaranteed payment. In other cases, the bonus may be a one-time payment in accordance with Part 1 of Article 191 of the Labor Code of the Russian Federation. No matter how the employer tries to disguise the bonus, the courts will establish the legal nature of incentive payments during the dispute resolution process.