A bonus payment for a public servant: a means of stimulating the effectiveness of its activities or still enrichment?
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 33, Issue
Abstract
The article raises the issue of the existence of legal principles for using the resource of bonus payment as a means of additional stimulating, incentive pay to civil servants and as a means of their additional enrichment. It is noted that in today’s conditions of radical renewal of the legal principles of the civil service as a whole, the revision of the legal basis for the use of all means without exception, the resource of which is aimed at increasing the performance, efficiency, and quality of both the civil service in general and the civil service activities of each civil servant in particular, is becoming relevant. Among such means, it is worthwhile to distinguish a bonus payment, which, as before, still retains its prominence among such means. The author argues that the legislator dedicates to the bonus payment the role of the constituent element of wages of civil servants and “additional payment for their labour,” although cases of decision-making on bonus payments in large amounts due to the specificity of the legal regulation of bonus relations are not uncommon in practice. By distinguishing two types of bonus payments – on the basis of the annual evaluation of the civil servant’s performance and monthly or quarterly, depending on the personal contribution to the overall result of the activity of the entire state body, the legislator in the meantime somewhat generalizes the principles of their awarding, which allows the subject of their awarding to exercise discretion and arbitrarily interpret the provisions of laws and regulations (regarding grounds, sizes, etc.). For improving the legislation on awarding civil servants, the article proposes to take into account the positive foreign experience in law-making and law enforcement and to standardize the criteria for determining an excellent and positive assessment on the basis of annual evaluation, the minimum and maximum amounts of bonus payments on the basis of such evaluation, to implement and standardize the criteria for determining the personal contribution to solving the collective task and obligatory use them when making decisions on the award of a monthly or quarterly bonus payment as a type of group (collective, team) bonus payment. Under such conditions, the preconditions for using the bonus payment as a means of enriching civil servants are substantially minimized and the bonus payment will, in fact, play a role of stimulating, encouraging means for civil servants. Despite the existing specificity of the diversity of bonus payments for civil servants in Ukraine, the author proposes to use the resource of both individual (personified) and group (collective, team) bonus payment, which in aggregate will allow increasing the incentive, encouraging influence on the civil service activities of the civil servants, significantly improving efficiency, performance, and quality of such activities. Though, this can be achieved only subject to amendments to the current legislation of Ukraine on bonus payments in the part of strengthening the principles of certainty, transparency, and controllability of the relevant relations. That, in its turn, is a component of the latest “package” of reforms in the Ukrainian legislation on civil service.
Authors and Affiliations
Т. О. Коломоєць
Keywords
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