December 13, 2022, 16:52 – Public News Service – OSN
Some companies have introduced the practice of paying the so-called 13th salary to their employees in honor of the New Year holidays. Who can count on such a bonus and is it possible to claim it, told “FederalPress” lawyer Alexander Karabanov.
Karabanov points out that there is nothing in the Labor Code (LC) about such an initiative as the mandatory payment of the 13th salary. That is, the employer himself decides whether it is worth appointing or not.
The lawyer advises to pay attention to the employment contract. It may just contain a clause on additional payments.
“If the 13th salary is not specified in the contract, then the employee does not have the right to demand it, this is an exclusively voluntary decision of the employer,” the lawyer explained.
Karabanov recalled that the terms of the employment contract determine the relationship between the employer and the employee, but in no case should they conflict with the Labor Code. The lawyer gave an example that the same work regulations, the minimum wage and vacation must comply with what is written in the legislative act.
“Everything else is a voluntary form on the part of the leadership, so it is impossible to demand the 13th salary,” the speaker added.
Earlier it became known that the government decided to give a negative review to the draft law on the annual payment of the 13th pension in December, which could start this year. The Cabinet of Ministers explained the negative response by saying that the initiative is contrary to Russian pension legislation. It is noted that the authors of the bill wanted to introduce an additional old-age insurance pension. At the same time, it was planned that the right to receive it would be granted to persons who already receive an old-age insurance pension. These payments were to be made each year in December and were to be in line with the standard pension.
