Work instructions “Regulations on mentoring. How does the mentoring salary premium factor into labor costs? Work experience in the company, product knowledge

1. The size of the bonus for mentoring in each specific case is determined taking into account the number of employees assigned to the mentor and the level of their professional training and is set as a percentage of the salary of the mentor employee, but in any case cannot be less than 10% of the salary.
2. The establishment of the allowance is made in accordance with the order of the organization upon the proposal of the personnel department.

Please note that labor legislation does not oblige employers to adopt a special provision on mentoring. Nor is it required to include payments to mentors as “profitable” expenses. However, the need to adopt such local acts in some sectors of the economy is provided for in industry agreements (in particular, in the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2008 - 2010<4>and the Industry Tariff Agreement for organizations and enterprises in the sphere of public services for the population for 2008 - 2010<5>). In organizations where mentoring is actively practiced, but which are not covered by such agreements, it is also advisable to adopt a local mentoring provision. After all, it can resolve such important issues:

— who can be appointed as a mentor (mentor selection criteria), for what period and in what order;

— the rights and obligations of the mentor and the employee assigned to him, in particular the right of the mentor to make proposals to management about encouraging the employee assigned to him or, on the contrary, about bringing him to disciplinary liability; the responsibility of this employee to carry out the professional adaptation plan developed by the mentor.

Therefore, the adoption of such a local provision will clarify many issues related to mentoring and simplify the paperwork when appointing mentors. When developing it, you can focus on similar provisions approved by regulatory legal acts and applicable to certain categories of employees, for example, the Regulations on mentoring in the Office of the Federal Bailiff Service in Moscow<6>.

<1>Article 135 of the Labor Code of the Russian Federation.
<2>Articles 8, 57, 135 of the Labor Code of the Russian Federation.
<3>Clauses 1.6, 1.7, 6.6.2 of the Industry Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2008 - 2010, approved. Rosstroy 07/02/2007, All-Russian industry association of employers "Union of Utility Enterprises", All-Russian Trade Union of Essential Workers 06/22/2007.
<4>Approved by Rosstroy on 07/02/2007, by the All-Russian industry association of employers “Union of Utility Enterprises”, by the All-Russian Trade Union of Essential Workers on 06/22/2007.
<5>Approved by the Russian Association of Employers in the Consumer Services Sphere and Craftsmen "Rosbytsoyuz", the All-Russian Trade Union of Essential Workers on November 23, 2007.
<6>Approved by Order of the Office of the Federal Bailiff Service of Russia in Moscow dated September 24, 2008 N 1261.

About assigning a mentor

I ORDER:

1. To appoint senior foreman Sergei Aleksandrovich Mironov as a mentor to mechanic Dmitry Petrovich Gorelov for the period from December 1 to December 31, 2009 inclusive.
2. Establish a salary bonus for senior master Sergei Aleksandrovich Mironov in the amount of 6,000 (six thousand) rubles. for the period specified in clause 1 of this Order.

Seal
General Director of Buinov LLC
LLC "Boomerang" "Boomerang" —————- /Buinov A.G./
(personal signature)
With the order of Mironov December 1, 2009
familiarized with: ——- /S.A. Mironov/ “———” —- Mr.
Gorelov December 1, 2009
——- /D.P. Gorelov/ “———” —- Mr.

If your organization does not have a collective agreement or local regulations on mentoring, then you can assign the duties of a mentor to a specific employee by concluding an additional agreement with him to the employment contract. Keep in mind that if you burden an employee with such duties without his written consent, and even if you do not pay extra for it, the employee may complain to the labor inspectorate. And the labor inspectorate, having come to you with an inspection based on a complaint and having established such a fact, for example, based on witness testimony, may regard your actions as a violation of labor laws<7>and fine<8>:

• the head of the organization in the amount of 1000 to 5000 rubles;
• organization in the amount of 30,000 to 50,000 rubles.

Write down in the additional agreement the specific responsibilities of the mentor, since your organization does not have a local act defining such responsibilities. It can be formatted, for example, like this.

Additional agreement to the employment contract dated January 21, 2004 N 35

Limited Liability Company "Boomerang" represented by General Director Buinov Alexander Grigorievich, hereinafter referred to as the "Employer", and the senior foreman of LLC "Boomerang" Mironov Sergey Aleksandrovich, hereinafter referred to as the "Mentor", have entered into this agreement as follows.

1. The mentor assumes the following obligations for mentoring mechanic Dmitry Petrovich Gorelov (hereinafter referred to as the “Employee”), in connection with which he undertakes:

• provide practical assistance to the Employee in acquiring the skills necessary to perform job duties, monitor his work, promptly identify errors and shortcomings and take measures to eliminate them;
• Based on the results of mentoring, submit a review for approval to the head of the department, which should contain information about the Employee’s business qualities and his readiness to independently perform work duties.

1. Mentoring is established for the period from December 1 to December 31, 2009.
2. The mentor is given a salary increase in the amount of 6,000 (six thousand) rubles.
3. This agreement was drawn up by the parties in two copies, one for each party, is an integral part of the employment contract dated January 21, 2004 No. 35 and comes into force from the date of its signing.

Employer Mentor
General Director Mironov S.A.
LLC "Boomerang"
Buynov A.G. Seal
OOO
Buynov "Boomerang" Mironov
——- ——-
signature<7>Article 60 of the Labor Code of the Russian Federation.
<8>Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

* * *

The mentoring bonus paid to employee mentors is included in “benefit” expenses as regular wages. The main thing is to correctly formalize the establishment of such a premium, and we told you how to do this.

<9>Article 25 255 Tax Code of the Russian Federation.
<10>Letter of the Ministry of Finance of Russia dated February 22, 2007 N 03-03-06/1/115.
<11>Subclause 23, clause 1, art. 264 Tax Code of the Russian Federation; Letter of the Ministry of Finance of Russia dated March 17, 2009 N 03-03-06/1/144.
<12>Subclause 6, clause 1, art. 208, art. 209 of the Tax Code of the Russian Federation.
<13>Clauses 1, 3 art. 236 Tax Code of the Russian Federation; clause 2 art. 10 of the Federal Law of December 15, 2001 N 167-FZ “On compulsory pension insurance in the Russian Federation.”
<14>Articles 7, 8 of the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds.”
<15>Subclause 2, clause 2, art. 17 Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”; List of payments for which insurance contributions to the Social Insurance Fund of the Russian Federation are not charged, approved. Decree of the Government of the Russian Federation dated July 7, 1999 N 765.

E.Yu.Zabramnaya

Regulatory regulation of the issue

Remuneration is a reward to an employee for his efforts, while the legislation guarantees to each worker such payments that fully compensate for his efforts.

The procedure for payment of monetary remuneration for work is regulated by the following legislative acts:

• Art. 133 of the Labor Code of the Russian Federation prohibits the employer from making payments to employees below the minimum established at the federal legislative level, namely below the minimum wage;
• Art. 143 of the Labor Code of the Russian Federation provides the employee with payments according to the tariff schedule or category;
• Art. 146 – 154 of the Labor Code of the Russian Federation indicates the employer’s obligation to compensate employees for improper working conditions, which are a violation of established standards;
• according to the Labor Code, the employer is obliged to calculate and pay wages;
• According to the Labor Code of the Russian Federation, the employer has the right to set a maximum amount of incentive payments.

The legislator obliges the employer to pay additional payments when cases arise; in addition, on his own initiative, he can pay additional bonuses to employees as an incentive.

It follows that:

1. An additional payment is compensation for an increased volume of work or irregular work; its payments are mandatory if the employee works on a day off, a holiday, or above the norm.
2. An allowance is an incentive that should stimulate an employee to great achievements, such as payments for long service or continuous service and others.

These payments have one thing in common – an increase in the employee’s basic income.

But they also have differences:

When and what type of allowances and additional payments to wages are possible?

When are they possible and what type?

Bonuses can be of a different nature; they can be set at any time in order to stimulate the employee, which affects their type:

• for mentoring young specialists, intended for employees who have been working at the enterprise for a long time;
• for highly qualified work - intended for top-class specialists;
• personal – paid for the purpose of retaining a valuable employee;
• for having an academic degree and title - academicians, professors, graduate students;
• if they have access to state secrets, diplomats, ambassadors and other persons receive such an allowance in order to ensure the safety of the secret;
• for knowledge of foreign languages ​​- such specialists are needed at various enterprises with foreign partners.

In addition, there are bonuses that are paid without fail, taking into account the provisions of Art. 149 Labor Code of the Russian Federation:

• for work in difficult and dangerous conditions, in special climatic zones;
• when combining several positions or for going on the night shift;
• with special knowledge and skills.

There may also be other circumstances that are important to pay attention to immediately, since otherwise it will be problematic to challenge the signed employment contract.

Additional payments are paid in most cases for the following reasons:

• piece workers for increasing the production rate;
• young specialists receive one-time additional payments as incentives;
• for the rotational nature of work;
• for the transportation of dangerous goods;
• for overtime, irregular hours, and time spent outside of the shift;
• regional coefficient.

Important: all additional payments and allowances existing at the enterprise must be contained in local acts and the payslip of each employee.

How are bonuses and surcharges calculated?

In the process of their creation and inclusion in the internal regulatory document of the enterprise, agreement with the trade union takes place before signing. After signing the act, the employer will no longer be able to refuse to pay the funds or reduce the amount; only increases in favor of employees are allowed.

At the same time, compensation payments are provided for by law and, if appropriate conditions exist at the enterprise, they must be paid. If the bonus is a one-time bonus, it is paid based on the order of the manager.

Types of salary supplements

Rules and features

In order for additional incentive payments to occur, the employee must be faced with the following task:

• fulfillment of a given plan, while it must be realistic for implementation, and not with unattainable requirements, each employee must have a chance to prove himself;
• the bonus must have a significant amount, since otherwise the employee will have no interest in it;
• the employee must know the full list of possible additional payments and allowances at the enterprise;
• mandatory payment of compensation amounts.

If an employer regularly rewards its employees, in compliance with the rules, the enterprise as a whole will show excellent productivity results.

Calculation

Calculation of additional payments, for example, for overtime hours during a shift schedule, is carried out based on the following rules:

• recording working hours for a certain period, for example, a month, a quarter;
• working time standards for the same period based on the production calendar or accounting sheet;
• clock graphics.

Examples

A specialist at an enterprise works in shifts, his salary is 30,000 rubles, plus he receives an additional payment of 10% of the salary for length of service. The accounting period is a quarter for which, according to the schedule, each specialist must work the norm of 500 hours, but the employee worked 550 hours, which was 50 hours in excess of the norm.

To find out the amount of the bonus, you should initially calculate the employee’s average hourly earnings, for this: ((50,000 + 50,000 * 10%) * 3) / 500 = 330 rubles

It should be remembered that overtime, according to the law, is paid at one and a half times the first 2 hours, and for the rest of the time at double the rate. In addition, the specifics of payment for such a period may be described in the collective agreement. Following the legislative acts, the surcharge will be calculated as follows: 330 * 2 * 1.5 + 330 * 48 * 2 = 990 + 31,680 = 32,670 rubles

If not paid

In the case of incentive payments, the employer has the right to cancel them in whole or in part, for example, due to a difficult economic situation, but subject to the requirements for the cancellation procedure:

• if they are specified in the employment contract, cancellation can only occur bilaterally;
• when specifying the terms of payments in the collective agreement, it is necessary to comply with the cancellation rules specified in the same document;
• if the terms of payment are specified in a local act, then the employer has the right to cancel it with a new document of higher power;
• in the case of an order for payment, it can be canceled with a new order.

If compensation payments provided for by law are not paid, the employer, as an official, bears all types of liability, including criminal liability, if a claim from employees is filed in court. In the case of an enterprise, it also bears administrative and material responsibility. If any of these requirements are violated, employees have the right to complain to the Labor Inspectorate, the prosecutor's office and the court.

Additional payments and bonuses are an excellent incentive to improve performance. An employer who wants to achieve high economic performance and occupy a competitive level in the market will systematically stimulate the working class with various bonuses and additional payments.

The video below will tell you how to make incentive payments in 1C:

On the territory of the Russian Federation, the position of mentor is not included in the classifier of professions. However, the mentoring institute is growing and developing. For many companies, the mentor-mentee relationship is part of the corporate culture. Being a mentor for specialists who have just arrived at a new workplace is prestigious, necessary and important.

Yes, recognition of one’s merits and assigned responsibility for the future generation of employees is a strong motivator. But the respect of your colleagues alone will not get you far. This should be remembered and understood. Holding the position of a mentor is a job, and often a person has to do it in his free time from his main job. To prevent your mentor from quickly burning out, consider paying separately for his work with his mentees. In the end, it largely depends on him how well the company’s recruits will be trained. At first, even more than from the director.

Is the salary of a mentor regulated by the Labor Code of the Russian Federation?

Unfortunately, mentoring is not mentioned either in the Labor Code or in other federal laws. However, this does not mean that the duties of a mentor are performed for free. There are two different situations:

1. When applying for a job, we discussed with the person the question about the position of a mentor. He was informed that mentoring was part of his job description. The candidate heard, understood, agreed, and went to work. In this case, the size of his salary does not depend on whether he is currently performing the functions of a mentor or not.

2. When applying for a job, nothing was said about mentoring. In this case, the employee may simply refuse to take on these obligations. If he agrees to become a mentor, of course, it is better to pay for this hard work. This issue can be regulated either by an article on internal part-time work (Article 60.1 of the Labor Code of the Russian Federation) or on combination (Article 60.2 of the Labor Code of the Russian Federation).

What to do if there is no law, but you need to register the activities and salary of a mentor?

To properly formalize the position of a mentor in an organization, it is not at all necessary to wait for the relevant laws to be issued. In the business sphere, each company has the right to independently come up with and prescribe Regulations that regulate this activity of employees. Everything needs to be written down: goals and objectives, rights and responsibilities of mentors, time frames for additional work activities, indicators for assessing work and the amount of payment for additional work. The document is developed jointly by the HR department, accounting department and lawyers. The finished document is agreed upon with the head of the company.

The path of a properly registered mentor in a nutshell: the accounting department issues an employee an allowance for mentoring, and then a specific employee is assigned by order to the role of a mentor.

What should you consider when assigning a bonus to a mentor?

If you are confused by the question “How much will he pay in the end?”, then here are a couple of tips:

1. The amount of the bonus can be set as a fixed amount or as a percentage of the salary.

2. The size of the bonus for mentoring in each specific case is determined taking into account the number of workers assigned to the mentor and the level of their professional training and is set as a percentage of the salary of the mentor employee, but in any case cannot be less than 10% of the salary.

Motivated mentors to you!

In a transport company, when hiring drivers, driver-mentors conduct an internship. How to properly document additional payments to these mentors. Perhaps you have samples of the required documents.

Answer

Experience in any field of professional activity does not appear suddenly. It comes as the worker masters the specialty and grows in his qualifications in the process of his work. Even a high theoretical level of specialist training may be insufficient in real business conditions. There are also certain types of work activities that can only be learned in the process of work. And in this case, specialists with sufficient practical experience can come to the rescue, allowing a new employee to adapt to “field” conditions.

The concept of “mentoring” is not enshrined in current labor legislation. Therefore, each organization, if necessary, determines for itself the tasks and methods of mentoring.

The main goal of the mentoring institute is to help the employee adapt to new conditions, as well as master practical skills for a specific job. The following definition of mentoring is given: personnel technology, which involves the transfer of knowledge and skills from more qualified persons to less qualified ones, as well as assistance in ensuring their professional formation and development (draft Order of the Ministry of Labor “On approval of the Regulations on mentoring in the Ministry of Labor and Social Protection of the Russian Federation”) .

Typically, mentoring is most common in manufacturing companies. For these purposes, organizations can develop Regulations on Mentoring, which disclose the principles of mentoring, the rights and obligations of the parties, and payment terms. In furtherance of the adopted Regulations, employee mentoring plans and programs can be developed that define the goals set for specific employees within the framework of mentoring and the time frame for their achievement.

Mentoring usually involves highly qualified specialists and experienced workers who can help new employees, interns or students.

The procedure for remunerating mentors in organizations depends on the method of formalizing mentoring. If the duties of a mentor in relation to a particular employee were provided for by his employment contract or job description, then the performance of such duties will be considered as the performance of a specified job function and will not be subject to additional payment.

Otherwise, mentoring is subject to payment in accordance with the accepted remuneration system in the organization, depending on whether the employee, along with mentoring, performs work in his main profession or position and how this work and mentoring are combined with each other. For example, an employee is involved in mentoring at a time other than his main job (for example, after its completion), or simultaneously with it. In the first case, we will talk about internal part-time work (Article 60.1 of the Labor Code of the Russian Federation), in the second - about combination (Article 60.2 of the Labor Code of the Russian Federation).

How do I apply for additional payment for mentoring?

Answer