Modern approaches to determining types of incentives applied to local self-government employees

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PhD in Law, Advising Assistant to the People's Deputy of Ukraine

Modern approaches to determining types of incentives applied to local self-government employees

Petro Mozolevskyi

Kyiv

Abstract

The relevance of the article is in the fact that to ensure a psychological, non-pecuniary, social and economic effect of the incentives applied to local self-government officials, they should be used on a case-by-case basis, that is, depending on individual merits of each employee. This, in turn, implies the presence of various types of incentives, which will be considered in this study. Results. All existing incentives can be grouped into: 1) pecuniary incentives, i. e., those related to pecuniary reward for the employee (money, valuable gifts); and 2) incentive of non-pecuniary (moral) character.

The above classification, undoubtedly, is relevant for the employees of local self-government bodies. Therefore, the types of pecuniary incentive should include: a) bonus, b) pecuniary assistance; c) monetary award; d) compensation payments; etc. In turn, the non-pecuniary incentive should include: a laudatory order; early termination of disciplinary penalty; rewarding with a diploma, certificate of appreciation, other departmental awards of the public authority; Merit promotion in the manner prescribed by the Law "On Civil Service"; government award recommendations and the government award (a greeting letter, gratitude, certificate of appreciation). Conclusions. To date, their single list has not been generated, which is logical and understandable.

This differentiation is related to the specific nature of the work or the service performed by the employee. However, the analysis makes it possible to state that pecuniary incentives are the most common and promising to date. Consequently, effective mechanisms for calculating indicators to be taken into account in determining the amounts of awards should be developed. Moreover, while the lawmaker empowers the employer to apply other types of incentives, in practice the managers of state-owned enterprises (institutions, organizations) are often not interested in expanding the types of incentives at the enterprise, but rather subjectively allocate available financial and pecuniary resources to reward workers. This gap, in the author's view, needs to be addressed immediately.

Key words: encouragement, employees, initiative, moral encouragement, material stimulation, labor collective.

Анотація

Петро Мозолевський, доктор філософії в галузі права, помічник-консультант народного депутата України, Київ

СУЧАСНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ ВИДІВ ЗАОХОЧЕНЬ ПРАЦІВНИКІВ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ

Мета. Актуальність статті зумовлена тим, що для того, щоб заохочення, які застосовуються до працівників органів місцевого самоврядування, справді мали необхідний психологічний, моральний, соціальний та економічний ефект, вони повинні використовуватися диференційовано, тобто залежно від індивідуальних заслуг кожного працівника. Це своєю чергою зумовлює наявність різних видів заохочень, дослідженню яких і присвячена представлена стаття. Результати. Усі існуючі заохочення можна поділити на дві великі групи: матеріальні заохочення, тобто такі, що пов'язані з матеріальною винагородою для працівника (гроші, цінні подарунки), та заохочення нематеріального (морального) характеру. Зазначена класифікація, безперечно, є актуальною і для працівників органів місцевого самоврядування. Отже, до видів матеріального заохочення варто віднести премію, матеріальну допомогу, грошову винагороду, компенсаційні виплати тощо. Своєю чергою до заохочень морального характеру необхідно віднести оголошення подяки; дострокове зняття дисциплінарного стягнення; нагородження грамотою, почесною грамотою, іншими відомчими відзнаками державного органу; дострокове присвоєння рангу в порядку, визначеному Законом України «Про державну службу»; представлення до нагородження урядовими відзнаками та відзначення урядовою нагородою (вітальний лист, подяка, почесна грамота). Висновки. На сьогодні єдиний перелік видів заохочень, які можуть застосовуватися як до загальної категорії працівників, так і до державних службовців, не сформовано, що є цілком логічним і зрозумілим. Така диференціація пов'язана зі специфікою роботи працівника (проходження ним служби). Однак проведений аналіз дає змогу говорити про те, що нині найбільш поширеними й перспективними є саме матеріальні заохочення. А відтак постала нагальна необхідність розроблення дієвих механізмів щодо розрахунку показників, які мають бути враховані під час визначення сум матеріального заохочення. Також, незважаючи на те, що законодавець залишає за роботодавцем можливість застосування інших видів заохочень, на практиці виявляється, що керівники державних підприємств (установ, організацій) найчастіше не лише не зацікавлені в розширенні видів заохочень на підприємстві, а й досить суб'єктивно розподіляють наявні фінансові та матеріальні ресурси для заохочення працівників. І ця прогалина, на нашу думку, потребує негайного усунення.

Ключові слова: заохочення, працівники, ініціатива, моральне заохочення, матеріальне стимулювання, трудовий колектив.

Introduction

In order to ensure that the incentives applied to local self-government officials really have the necessary psychological, non-pecuni- ary, social and economic effect, they should be used on a case-by-case basis, that is, depending on individual merits of each employee. This, in turn, implies the presence of various types of incentives, which will be considered in this study. It should be noted that current literature review reveals a considerable number of approaches to determination of types of incentives for workers. First of all, it is due to the fact that the Labour Code of Ukraine, in particular article 143, provides for that any incentive contained in the rules of internal labour procedure approved by work collectives may be applied to employees of enterprises, institutions, organizations. This, in turn, is an enabling environment for employers. All this has been reflected both in scientific literature and in special legal regulations on the activity of different agencies and organizations (for example: Disciplinary statute of the National Police of Ukraine; Disciplinary statute of the Armed Forces of Ukraine, or individual by-laws, such as collective agreements, statutes, etc.).

The most common classification of incentives is into pecuniary and non-pecuniary stimulation. Yu.I. Palkin argues that pecuniary and non-pecuniary incentives are an indissoluble unity. They develop, mutually enriching and reinforcing each other. "We cannot establish a democratic, legal, social, state-organized society only on the basis of pecuniary interest. The focus on the vital importance of pecuniary incentives in no case should decrease the importance of non-pecuniary incentives for work. Underestimation of the non-pecuniary factor is an enabling environment for the occurrence of greed” (Palkin, 1975, pp. 110-111). I.V. Marchenko stresses that, first, the problem of pecuniary and non-pecuniary stimulation of effectiveness of different categories of employees as a legal form of incentive has been and now is of importance in the doctrine of labour law; second, human needs are always expressed in a concrete form of spiritual, pecuniary, social interests and require their regulatory mechanism as an incentive for effective and productive work; third, the general concept of the incentive should be considered as a combination of different motives, which form motivation for realization of existing interests of an individual, social group (team), society in the results of labour; fourth, the categories of stimulation as legal forms of incentive correlate as a whole and part, so they require to be consolidated in the draft Labour Code of Ukraine (Marchenko, 2015, p. 58).

Legislative framework for incentives

According to the law-maker's perspective on the types of incentives applied to employees, it should be noted that article 143 of the Labour Code does not give an approximate list of incentives for success in work, it is established that any form of incentive contained in internal labour regulations, approved by work collectives, can be applied to employees of enterprises, institutions, organizations (Arsentieva, 2016). This type of incentives can be applied to employees for exemplary performance of labour duties, innovation, increase of effectiveness, other successes. According to N.M. Khutorian, this group includes measures of the non-pe- cuniary and pecuniary incentives established at the enterprise. It can be a laudatory order, rewarding with a valuable gift, bonuses, etc. Therefore, the scientist argues that the determining factor in the application of any incentive to employees is the policy on incentives at an individual enterprise within the framework of general operating forms (Babaskin, Baraniuk, Drizhchana, et al. 2004, p. 464).

To date, to apply the incentives, the heads of enterprises use the Standard internal labour regulations for workers and officials of enterprises, institutions, organizations, approved by Resolution 213 of the State Committee of Labour of the USSR of July 20, 1984. The main substantive elements of the Standard internal labour regulations are as follows: 1) general provisions relating to observance of labour discipline; 2) the procedure for hiring and firing employees; 3) basic rights and duties of employees; 4) basic duties of the employer;

working time and procedure of its use;

incentives for employees for success in their work; 7) penalties for violation of labour discipline. According to para. 21 of the Standard internal labour regulations for exemplary performance of labour duties, such as increase of effectiveness, improvement of quality of production, long and perfect work, innovations in work and other achievements in work, the following incentives are applied: a) a laudatory order; b) bonuses; c) rewarding with a valuable gift; d) awarding with a Certificate of Appreciation; e) entering into the Book of Honour, on the Board of Honour (Resolution of the USSR State Committee for Labour and Social Affairs On Approval of the Standard Rules of Internal Labour Regulations for Workers and Employees of Enterprises, Institutions, and Organizations, 1984).

In addition, article 269 of the draft Labour Code of Ukraine provides that for success in work and diligent performance of labour duties, measures of non-pecuniary and pecuniary incentive can be applied to employees, such as a laudatory order, awarding with a diploma, bonus, rewarding with a valuable gift. The internal labour regulations, legal regulations of the employer may establish other types of incentive. Employees are rewarded for special labour services in the established manner with departmental awards and State awards (Draft Labour Code of Ukraine, 2014).

In accordance with the Disciplinary Statute of the National Police of Ukraine, the following types of incentives may be applied to police officers: 1) early termination of disciplinary penalty; 2) entering into the Board of Honour; 3) monetary incentive; 4) rewarding with a valuable gift; 5) additional paid leave for up to five days; 6) encouragement with departmental awards of the National Police of Ukraine;

encouragement with departmental awards of the Ministry of Internal Affairs of Ukraine;

early nomination of a special rank; 9) nomination of a special rank one degree higher than the rank provided by the occupied position; 10) encouragement with an official reward of the Ministry of Internal Affairs of Ukraine “Firearm”; 11) encouragement with an official reward of the Ministry of Internal Affairs of Ukraine's "Steel Arms” (Law of Ukraine On the Disciplinary Statute of the National Police of Ukraine, 2008).

Under the Disciplinary Statute of the Armed Forces of Ukraine, the following incentives may be applied to military personnel: a) approval; b) appreciation; c) additional extraordinary short leave pass from the location of a military unit or ship on the shore (for military servicemen and cadets of higher military educational establishments, military educational units of higher education institutions); d) informing parents or staff at the place of employment or training of a military servant before the conscript (entry) for military service about his/her exemplary performance of military duty and incentives received; e) additional leave for up to 5 days (for military servicemen); e) merit certificate; e) a valuable gift; f) bonus; incentive government material

entering the name of the military servant in the Book of Honour of the military unit (ship);

early nomination of the next military rank;

honourable breastplates; k) departmental awards [7].

The disciplinary statute of civil protection service provides that the following types of incentive may be applied to members of the rank-and-file and command staff:

early termination of disciplinary penalty;

a laudatory order; 3) rewarding with a valuable gift or bonus; 4) rewarding with a merit certificate of a body or unit of civil protection; 5) entering the surname on the Board of Honour of the body or unit of civil protection; 6) entering the surname on the board of Honour of a specially authorized central executive body on civil protection; 7) early nomination of another special rank; 8) nomination of another special rank one degree higher than the rank provided by the occupied position; 9) honourable awards of specially authorized central executive body for civil protection; 10) Ukrainian State and government award recommendations (Law of Ukraine On the Disciplinary Statute of the National Police of Ukraine, 2008).

The provisions of the Law of Ukraine "On Civil Service" are of interest with regard to the scientific issues under study. In particular, article 53 provides for that for impeccable and effective civil service, for special merits, the following types of incentive are applied to civil servants: 1) a laudatory order; 2) rewarding with a diploma, certificate of appreciation, other departmental awards of the public authority; 3) early nomination of a rank according to the procedure defined by this Law; 4) government award recommendations and governmental awards (a greeting letter, gratitude, certificate of appreciation); 5) State award recommendations. The incentive to civil servants who occupy positions of categories "B" and "C" are applied by the head of the civil service, and to civil servants who occupy posts of category "A," by a nominator (Law of Ukraine On Civil Service, 2015).

Therefore, to sum up the scientific perspectives and the legislative vision on the existing types of incentive for different categories of employees, it should be noted that approaches to classification are diverse and types of incentive are various. However, the analysis makes it possible to state that all existing incentives can be grouped into: 1) pecuniary incentives, i.e., those related to pecuniary reward for the employee (money, valuable gifts); and 2) incentives of non-pecuniary (moral) character. The above classification, undoubtedly, is relevant to the employees of local self-government bodies. Therefore, the types of pecuniary incentive should include: a) bonus, b) pecuniary assistance; c) monetary award; d) compensation payments; etc. Thus, the non-pecuniary incentives should include: a laudatory order; early termination of disciplinary penalty; rewarding with a diploma, certificate of appreciation, other departmental awards of the public authority; merit promotion in the manner prescribed by the Law "On Civil Service"; government award recommendations and the government award (a greeting letter, gratitude, certificate of appreciation). The author will consider each of the types of incentives in detail.

Pecuniary incentives for employees

In the current economic and social context, it is pecuniary incentives that should be under focus. Pecuniary incentives are real rewards that have been promised in advance for high-performance and high-quality work. The author advocates the H.I. Koryttsev's opinion that pecuniary incentive always takes the form of monetary support for workers and, along with moral satisfaction, provides the worker with additional pecuniary income (Koryttsev, 2012). Pecuniary incentives for employees require the head of the local self-government to take into account the following: the interrelation with the work done, the results achieved in terms of quantity and quality of work; correlation between the various forms of pecuniary incentive; the simplicity, clarity and precision of the stimulation system with regard to incentives and penalties; and the way in which the pecuniary incentive is perceived by the workers; combining pecuniary incentive with other types of incentives (Vynohradskyi, & Shkanova, 2002).

The most common type of pecuniary incentive is the bonus. The bonus, according to H.A. Kapina, is a form of encouragement, calculated in a fixed sum of money or as a percentage of the basic wage, the employer is obliged to pay the employee for the result of the work performed in the manner prescribed by law (Kap- lina, 2009). O.S. Halchenko holds that the bonus is a monetary reward paid to employees for achieving high-quality and quantitative performance. The scientist argues that the main purpose of the bonus system for employees, according to the personal contribution of the employee to the final results of the enterprise, is to ensure:

the interest of each employee in identifying and realizing the assets and potentials of increasing the results of individual and collective work;

the validity of the wage ratios of different groups and categories of workers, based on their role in the production process, qualification and professional experience, complexity of work and functions performed; c) the level of responsibility and creative activity; d) the correlation between the amount of remuneration and the work effort of the employee, based on the results of individual work, and the assessment of the personal contribution to the final results of the work of the enterprise; e) the extent to which the wages of employees are increased by personal efforts; f) active involvement of workers of small work teams in the evaluation of the results of each employee and in the distribution of collective earnings (Halchenko, 2010).

Therefore, bonuses are the payment of a reward to an employee for certain achievements in his or her work performance, calculated according to established indicators and paid in the manner prescribed. Bonuses for employees, including those who work in local self-government bodies, can be: for certain achievements and high work performance; annual bonuses (for example, in the form of the thirteenth salary); bonuses on the occasion of professional holidays and so forth. It should be noted that in the Law of Ukraine “On service in local self-government bodies,” the concepts of “bonus,” “remuneration,” “pecuniary assistance” are not mentioned at all. Nor does it contain any reference to other legal regulations on the grounds and manner of payment of bonuses and pecuniary assistance to officials of local self-government. However, the Law 2493-III contains two regulations on the issues under consideration. According to the first one (art. 9), every local self-government official has the right, along with his or her other fundamental legal rights, to remuneration depending on his or her post, rank, quality, experience and length of service. According to the second one (part 5 of art. 21), officials of local self-government are granted annual leave of 30 calendar days, unless the laws of Ukraine provide for a longer leave, with a health benefit equal to the official salary (Vrublevskyi, 2018). Consequently, this type of incentives should be legislated, in particular in the Law of Ukraine “On service in local self-government bodies.” This is also due to the fact that the bonus is one of the most frequently applied and effective ways of rewarding the category of employees under study.

The next type of pecuniary incentive is pecuniary assistance to local self-government employees. Pecuniary assistance may be established as compulsory in accordance with Ukrainian law. This is generally the case for workers in the public sector. Pecuniary assistance, depending on the nature of the payment, may be grouped into systematic assistance, to all or most workers, and one-time assistance to individual workers in connection with certain circumstances, due to which it is paid. Systematic pecuniary assistance may be the payment of an annual basic leave, in view of environmental condition, on the celebration of the employee's jubilee or the like. The pecuniary assistance does not require the worker to submit an application, while the payment is made on the ground of an order by the manager in view of the fact which is the ground for payment (for example, the employee's jubilee is itself the ground for the payment of pecuniary assistance without application). The one-time payment includes assistance in connection with difficult family circumstances, payment for medical treatment and care to the employee of the enterprise and/or members of his or her family, the rehabilitation of the employee's children, burial, etc. This type of pecuniary assistance is paid on the ground of a person's application, must contain a description of the circumstances giving grounds for payment and must contain evidence of the circumstances (Ivasiuk, & Kravchuk, 2019).

Considering this type of incentive, it should be noted that sub-para. 3 of para. 2 of Resolution 268 “On streamlining the structure and conditions of remuneration of employees of the staff of executive authorities, prosecutors, courts and other bodies” provides for the right of the heads of the local self-government bodies, within the approved wage fund, to pay workers pecuniary assistance for health improvement when granting annual leave in an amount not exceeding the employee's average monthly salary. This provision means that if funds are available, the head can decide to pay the average monthly salary. In addition, the specific procedure for the provision of pecuniary assistance should be established in the Regulations on pecuniary assistance to workers, which are annexed to the collective agreement (Resolution of the Cabinet of Ministers of Ukraine On streamlining the structure and conditions of remuneration of employees of the staff of executive authorities, prosecutors, courts and other bodies, 2006). Therefore, the amount of the “health improvement” for the officials of the local self-government bodies is limited to the minimum and maximum: assistance for health improvement is obligatorily paid in the amount of the official salary, and, if funds are available, in the amount not exceeding the average monthly salary. It should be noted that according to sub-para. 3 of para. 2 of Resolution 268, pecuniary assistance for health improvement is paid to LSG employees, that is, employees, in addition to officials, can also receive it. Nevertheless, for them “health improvement” assistance is not obligatory payment. If the head has decided to provide it, it should not exceed the average monthly salary. If the estimated amount for such assistance is insufficient, it can be paid less, based on financial capacity (Resolution of the Cabinet of Ministers of Ukraine On streamlining the structure and conditions of remuneration of employees of the staff of executive authorities, prosecutors, courts and other bodies, 2006).

Therefore, it is clear that pecuniary assistance, regardless of its nature (either one-time or systematic), is an important form of incentive for all categories of workers, including those who work in local self-government bodies. In fact, its existence and possibility of application is a priori an important reaffirmation of the value of an employee as a professional and a human being. Pecuniary assistance, in our opinion, accentuates the loyalty of the employer and increases the quality and efficiency of the relationship between the parties to the relevant employment relations.

The type of incentive such as monetary award should be under focus. The payment of monetary award has traditionally been governed by separate Regulations on bonuses, pecuniary assistance and monetary award of employees. Such regulations are drawn up in accordance with the Constitution of Ukraine and the Labour Code of Ukraine, Laws of Ukraine “On remuneration,” “On service in local self-government bodies,” “On collective agreements and agreements,” “On trade unions, their rights and guarantees of activities,” Resolution 268 of the Cabinet of Ministers of Ukraine of March 9, 2006, “On streamlining the structure and conditions of remuneration of employees of the staff of executive authorities, prosecutors, courts and other bodies,” Order 77 of the Ministry of Labour and Social Policy of Ukraine of October 2, 1996 “On terms of remuneration of employees engaged in the service of executive authorities, local self-government and their executive bodies, prosecutors, courts and other bodies,” Resolution 1049 of the Cabinet of Ministers of Ukraine of January 20, 1993 “On bonuses for length of service for employees of executive authorities and other State bodies” with amendments and additions.

In the auhtor's view, such awards should be given to:

First, the employees, who during the year performed their work qualitatively and efficiently, actively participated in the work with the public, ensured stable development of the local self-government unit;

Second, employees who have been working in local self-government for a long time, for example: 5, 10, 15 years and longer. This is a specific assessment of the employee's loyalty and the importance of his/her contribution to the performance of the body.

The final type of pecuniary reward that should be under focus is compensations. Compensations are payments intended to compensate an employee for pecuniary expenses incurred in connection with the performance of his or her duties (Prokopenko, 1998, p. 355). Such additional expenses are incurred by the employee on official business trips, which are the employee's travel on the order of the head of the enterprise for a certain period of time to another location for the performance of an official assignment outside his/her permanent place of work. Daily subsistence allowance, travel to and from the place of travel, rental of accommodation is paid (Prokopenko, 1998, p. 355).

Non-pecuniary incentives for employees

The next group of incentives that can be applied to employees of local self-government bodies are non-pecuniary (moral incentives). I. Antonova and T. Matskevych argue that the effective application of non-pecuni- ary incentives require: making regulations on the status of non-pecuniary incentives, according to the established rules, and workers' awareness of them; making greater use of various forms of non-pecuniary incentives in the interest of creativity and activism; providing non-pecuniary encouragement with pecuniary means of incentives; ensuring the appropriate interaction of pecuniary and non-pecuniary incentives, continuously improving them in accordance with new tasks, changes in content, organization and working conditions; informing the working team about every non-pecuniary encouragement given to a worker; presenting awards and commendations in a solemn atmosphere; encouraging workers in a timely manner, as soon as a certain level of success has been achieved; developing new forms of incentives and establishing strict moral responsibility of each employee for the work assigned; analysing the effectiveness of incentives; strict observance with the established procedure for recording promotions in the worker's work record (Antonova, & Matskevych, 2009, p. 103).

The most common forms of non-pecuniary incentives for local self-government employees are:

- A laudatory order. Appreciation is a form of incentive that is of a moral and psychological nature and is communicated to the person who has achieved success by performing his/her official duties orally or in writing. T. Koliesnik argues that the content of this incentive is a public expression of appreciation by the employer to the employee, mainly for achievements in the workplace such as: improvement of performance in comparison with previous periods, exceeding of the plan; progress in the early taking measures to improve the organization of production and work and to improve the quality of output (work performed and services rendered); the high performance of their duties; successful implementation of activities, projects, active participation in activities or projects, etc. However, the application of such incentives is usually regulated in a specific local regulation (such as Regulations on non-pecuniary incentives for employees) or in a more general instrument (for example, in Regulations on pecuniary and non-pecuniary incentives for the employees of the organization, Internal work rules, Regulations on incentives for employees) (Koliesnik, 2016, p. 154).

Early termination of disciplinary proceedings. This type of incentive is used only in terms of: first, the disciplinary action has fulfilled its educational function; second, the employee has indeed corrected and continues to perform his/ her work at a high level.

Awarding a diploma, a certificate of appreciation and other departmental awards of the public authority. This certificate is usually awarded to individual employees and teams who used to receive an incentive such as a laudatory order. A certificate of appreciation implies the public presentation of a document attesting to the recognition of the employee' merits by the management of the organization. The local regulation of the organization may provide for a one-time bonus for an employee in connection with the award of the certificate of appreciation. The most frequent grounds for awarding certificates of appreciation to employees are: high results in a particular field of work; professional excellence; substantial contribution to the development of the organization; innovation and other achievements in the work; exemplary performance of work duties, exemplary and long-term work in the organization etc. (Koliesnik, 2016, p. 155).

- Merit promotion in the manner prescribed by the Law "On Civil Service”.

Conclusions

The study of the types of incentives that can be applied to both the general category of workers and public officials enables to argue that to date, their single list has not been generated, which is logical and understandable. This differentiation is related to the specific nature of the work or the service performed by the employee. However, the analysis reveals that pecuniary incentives are the most common and promising to date. Consequently, effective mechanisms for calculating indicators to be taken into account in determining the amounts of awards should be developed. Moreover, while the lawmaker empowers the employer to apply other types of incentives, in practice, managers of state-owned enterprises (institutions, organizations) are often not interested in expanding the types of incentives at the enterprise, but rather subjectively allocate available financial and pecuniary resources to reward workers. This gap, in the author's view, needs to be addressed immediately.

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