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A career counselor talked about the specifics of getting a 13th paycheck

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Photo: Izvestia/Anna Selina
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An employee may not receive a bonus at the end of the year if, for example, the employer did not achieve the planned goals in the outgoing financial year. Zilina Sultanova, an independent HR specialist and career consultant, told Izvestia on December 12 under what conditions employees can expect to be paid the 13th salary.

"The employer does not pay the 13th salary if the company has problems with finances: did not fulfill plans or did not reach the planned financial goals. There is also a possibility that such payments are not specified in the labor contract," Sultanova said.

According to her, it often happens when the contract does not specify the terms of payment of such bonuses. The expert noted that the employer does this to protect himself.

"If, say, the labor contract prescribes the payment of the 13th salary, and the employee does not receive it, then the employer falls under fines and article," - added the speaker.

She also noted that employees in this case can file a lawsuit.

Sultanova emphasized that such bonuses keep employees in place.

"It happens that at the end of the year employees get tired and want to leave, change jobs, but they realize that if they leave now, they will not get the 13th salary, for which they worked for the whole year," - said an independent HR-specialist.

She pointed out that one should not count on this bonus if the employee has not signed a labor contract and does not pay taxes. At the same time, the expert reminded that, being on probation, an employee cannot count on the 13th salary. Another risk of being left without a bonus is to work for less than six months without special achievements.

Earlier, on November 25, partner of BGP Litigation labor law practice Anna Ivanova said that the decision to pay the 13th salary to employees can only be made by the employer, as this payment is not specified in the Labor Code (LC). The expert advised including a provision on the payment in the employment contract or in a provision on the remuneration system, explaining the reasons for the payment.

Переведено сервисом «Яндекс Переводчик»

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