BONUSES, ACCOUNTABLE AMOUNTS, AND THE ISSUE OF EQUAL PERFORMANCE

BONUSES, ACCOUNTABLE AMOUNTS, AND THE ISSUE OF EQUAL PERFORMANCE

BONUSES, ACCOUNTABLE AMOUNTS, AND THE ISSUE OF EQUAL PERFORMANCE
The manager appealed to the court with a demand to invalidate transactions involving the transfer of funds in favor of the debtor's employee (case no. A41-86353/22).

Partially satisfying the application, the courts of two instances proceeded from the fact that the funds were received free of charge, despite the existence of orders to pay the bonus. It was established that the debtor had significant financial and economic difficulties during the disputed period, as a result of which there were no grounds for paying bonuses to employees. 

The cassation sent the dispute for reconsideration, noting that the fact that the employee performed his work duties had not been refuted. It was not established that the parties intentionally overestimated the total salary of the employee. The discrepancy between the size of the premiums and the market levels was not proved by the bankruptcy trustee.

Also, the courts' indication that funds were transferred to the employee for the report contradicts bank statements, which indicate the transfer of wages, advance payment and settlement upon dismissal. The employee submitted advance reports signed by the debtor's chief accountant. 

In addition, there is no reason to believe that the employee is an affiliated person of the debtor. It has not been established that the debtor did not carry out business activities involving the purchase of materials or resources for accountable amounts.

    

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03.02.2026