We did not think long before deciding to write this article. The occasion was a conversation with a young, but very smart buyer, who proudly declared that he would never quit his job, because. his position is a great place for "extra income".

Yes, many take kickbacks, and in the process of writing the article, we even found that on the pages of one popular magazine in the business environment, the technology for receiving and giving a bribe was described in detail; and this article enjoys increased attention of readers.

Let's call everything by its proper name: a kickback is a bribe; it’s just that the word “bribe” is really bad, and “kickback” seems to be almost not a bribe, and so ... a bonus, a bonus. Almost a good word, legalized in commercial structures. We do not mean professional bonuses received from the supplier openly. Such bonuses are received by the company under the terms of the agreement, and they are sent directly to the budget. Let's talk about kickbacks - about what the buyer puts in his pocket, bypassing all official payments and contracts.

Supply and demand: market law

I would like to talk about the ethical side of the matter - recalling common truths. It seems to us that in the business of giving a bribe, demand determines supply. Demand from the worker retail company on other people's money, the money of the supplier or manufacturer. “I don’t know, I don’t know ... - says such a buyer. - Your conditions are certainly attractive, but ... they won’t pat me on the head for this ... I will have to settle the issue with the boss ... ". The supplier quickly enough guesses what is hidden behind the buyer's hesitation. And it reacts "correctly" - satisfies the demand for additional illegal earnings. And then the news quickly spreads among the suppliers that it is necessary to work with the purchaser Vasya Pupkin on the terms of a "mutually beneficial agreement."

Works simple market mechanism: there is a demand - there will be an offer. The offer will always be - at least in order to follow the path of least resistance. Why sit down at the negotiating table, waste time, make efforts to find a joint solution, when the easiest way is to pay Pupkin.

When we talk about ways to deal with kickbacks, how to catch and expose dishonest buyers, and what preventive measures What must be done to combat this evil, we are struggling with the consequences. And the reason is different - it's a thirst for "easy" money and a lack of self-respect.

The supply will become completely meaningless only if the demand itself is absent.

Those who don't take

Having worked for 12 years in procurement and starting from the position of a junior manager, I have had the opportunity more than once in my experience to make sure that there are a lot of buyers (and not only them) who DO NOT TAKE. Under no pretext. No amount. Not in any way. Despite what they offer. I have personally been offered bribes and kickbacks ranging from $100 to $3,500. The thought of taking any amount never arose - just because? that once and for all I decided this question for myself. And many of my colleagues and acquaintances, my friends and relatives do the same - neither the amount nor the form of "gratitude" matters. For me, confirmation of this position was a case that I would like to cite.

Recently, my car was in an accident. After some time Insurance Company invited a specialist in the assessment of damage to the car to reimburse the required amount of repairs. The damage, I must say, was very decent, and there were enough hidden damages in the car. These damages could be seen only with a detailed inspection of the bottom. I was worried that the appraiser would not want to look carefully, crawl under a car with a flashlight and so on ... so I immediately offered him the n-th amount so that he would record all the damage that I would indicate to him. I didn’t need too much, it was important for me that he didn’t miss anything. Basically, I offered him a bribe to just do a good job.

This man silently shook his head, then replied: "No. I do not practice it. I will inspect your car on a general basis," and calmly set to work. He really looked at everything carefully, and was objective and accurate. Nothing extra, but nothing was missed either. I was filled with deep respect for this man, so his position was close and understandable to me. He respects himself first and foremost. HE DOES NOT TAKE. In doing their job, so do my husband and my friends and, hopefully, the vast majority of other people.

You can call it honesty. This is probably the best word for this position. You can’t be half honest: I take from some, but I don’t take from others. Or I take only large amounts, and small ones - no, no, in no case. I'm honest before lunch, and after lunch - in an envelope, please. We'll call it an honor. Honesty and honor are the same root words and very close concepts. Honor is either there or it isn't.

It probably makes no sense to try to change those who are already taking. Most likely, understanding of one's honor and respect for oneself does not come from the pages of a magazine and not after one article. But I'm absolutely sure that you can not to do the first step towards bribery. It's simple. Just do not take it ever and under no pretext.

But it's also difficult, because the temptation always exists.

Those who take

Probably every buyer sooner or later faces the possibility of commercial bribery in one form or another. Whoever brings it in an envelope, someone talks about "mutually beneficial cooperation", and some even send out letters with a veiled offer of a kickback under the guise of a "special incentive program" and a "personal bonus", thereby a priori putting everyone who works in this company into list of bribe-takers. For some, bank accounts are opened, which are regularly replenished with each order. Someone brings greyhound puppies. But it is necessary to understand - in whatever form such proposals are received, the essence of this does not change. This is a bribe, in other words, "acceptance by an official personally or through intermediaries of any material values ​​(objects, money) or the acquisition of any property benefit for performing or not performing in the interests of the action that gave the bribe ..."

The most important thing to remember is that when you receive a bribe, a kickback, a bribe (call it whatever you like, everything will be correct), you always act in the interests of the one who gave this bribe. In fact, this is just an act of buying and selling, and the amount of the fee is often simply ridiculous. There was a young man working for a company I knew who was neatly getting $50 a month from a supplier for overstocking. When they began to understand the reasons for the significant non-liquidity in its part of the assortment, this fact became clear. The buyer himself called it a "personal extra-bonus". It was also revealed that the manager himself does not see anything wrong with this. "I don't steal!" he explained, "this is not at the expense of the company, but at the expense of the supplier!"

This manager is generally good man. He is an excellent family man, affectionately attached to his wife and child, the soul of the company, a cheerful and open guy, always ready to help, reads a lot and has a good education. But can you call him an honest person?

Of course, the supplier pays, not the company. But the company incurs losses for purchasing the wrong product or the wrong quantity of this product. The manager personally may not steal, but his activity, organized in this way, does not allow to optimize the assortment, as it draws working capital the entire company. And this is the least of many evils.

Once bought, such a purchaser can no longer pursue his claims from the supplier. In fact, he ceases to do his job, for which he is paid a salary - what can a person decide who is obliged to pursue a policy of bribery? And if there are many such "givers", then everyone should be pleased... Reminds me of a professionally working priestess of love. It's a bad comparison, but it's the first thing that comes to mind when you hear the words "you've been bought."

A certain manufacturer thus "bought" one of the commercial representatives, famous for his bribery. The manufacturer, whose interests this young man was pushing, during the negotiations sent him to the kitchen for mineral water: "You go, my friend, bring us some water. We will agree here, we will tell you later. You will sign the contract after." He was treated like a servant. What kind of professionalism and respect can we talk about? Taking a bribe, the purchaser simply cannot make decisions on his own - now they decide for him what to supply and at what prices. The buyer is no longer a responsible person, but only an executor of someone's interests. And it's good if these interests do not contradict in common goals companies. For the time being…

If the buyer does not respect the company in which he works, then you should at least think about the consequences of taking bribes. From quiet blackmail, “Well, you don’t want your bosses to know about your bonuses?”, To criminal liability, to which your employer can bring you. And it's a paradox - but it's a fact - almost everyone on the market knows about those who take it. Although by hook or by crook a professional hauler hides the essence of his relationship with suppliers, the truth still becomes known sooner or later.

If the fear of publicity is not an argument for the hauler ("And you prove it!"), then let's pay attention to the fact that getting a kickback is the basis for manipulation. Once the white envelope has moved into the hands of the buyer, the manager can be manipulated. Simply put, to force him to do what he was not going to do. Because every person knows from childhood that stealing is not good. Taking someone else's is not good. Taking bribes is not good. And be that as it may, hiding behind clever phrases such as "The end justifies the means", "To live with wolves - howl like a wolf", "Who is not without sin ...", "Why is it possible for one, but not for me?" and so on, we are only looking for excuses for our own greed. And the supplier gets the right to manipulate a person, playing on his guilt and conscience: “Well, you don’t work for thanks ... We are doing the same thing with you, we now have common interests ...”.

It is important to understand one more thing: at least two people know about rollback money - the one who gave and the one who took. And then - the data on the paid bonuses are entered into the tables of the supplier and no one knows at what point this information will become available to the entire market. The news that Vasya Pupkin takes is quickly becoming known to many - both to Pupkin's colleagues and other suppliers. No need to be modest and console yourself with the hope that no one will find out. There is no faster and more reliable source of information than word of mouth - and now colleagues are already whispering to each other: "Pupkin .. well, I understand ... That's what I look at - I bought a car, building a dacha ... now it's clear why so much nonsense is being brought to us ..." . And here it is not even a question that "this still needs to be proven." The question is self-respect - you will have to prove to yourself, first of all, the right to honestly look people in the eye.

How much does a rollback cost?

However, money is money. There is a famous saying: "money doesn't smell". Is it so?

I will quote the dialogues of a certain forum in one professional Internet community. The topic for discussion was the phrase of one of the forum participants, who openly stated: "I supply equipment and consumables for ***. I reward buyers VERY well." It is noteworthy that practically no one turned to this ad (according to the applicant himself, only 2.3% of those who viewed the topic turned to him), but many expressed their attitude to kickbacks and bribes.

Here are examples of the most striking statements:

"I agree with the opinion that kickbacks are an integral part of the business and, in general, their existence does not depend on the salary, but on the worldview of the buyers. Phrases such as "the end justifies the means" is a life position certain person…" Mone

"In general, if you want to take kickbacks, if you don't want to take it! It's your business, you are responsible for your actions! Be responsible!" Any

"So do not hide behind slogans about social justice, speak directly: I WANT MORE MONEY THAN I CAN EARN!
I'm not judging, each of us has our own road to hell, just let's at least be honest on this road." Director

"... kickbacks are taken by unqualified people who accidentally got into these vacancies, with low self-esteem, who were not hired in companies with a large salary, and who, according to the old Soviet psychology, are trying to snatch something at their workplace, instead of studying and improving their skills, thereby increasing their value in the labor market. Sergey

You can take and sit quietly in a lured place. Make a career. Buy a car, and especially lucky ones who have found a gold mine in the face of large and accommodating suppliers - even an apartment. Material wealth is great. What about reputation? What about the name? And the ability to make decisions yourself - and your own decisions, those that you can justify, and you won’t shrug your shoulders, bashfully lowering your eyes.

Look straight into people's eyes. Sleep at night. Know that your conscience is clear. The right to say "no, I don't practice it." How much does it cost? How much does a reputation, a name, an opportunity to honestly build a career and relationships with your partners cost?

Greed is a vice, and this vice very quickly becomes visible in a professional hauler. Bribery is always written on the face.

Outcome

Those who expected in this article to receive any practical advice or a typology of kickbacks will be disappointed.

I am sure that if you wish, you can easily find such articles. We just wanted to recall simple truths and talk about the ethical side of the issue. Someone must be talking about it.

The practical advice we would like to give you is one: Do not take. It's as simple as not taking it. Much easier than making up excuses for yourself in the form of children bloated with hunger and your own close starvation. It's easier than being afraid that the authorities will find out, easier than looking back at the whispers of colleagues.

Before the hand itself takes the white unmarked envelope, think about it.

© Ekaterina Buzukova, buyer with 12 years of experience

Paying kickbacks to get a contract is bad. But that's the way it's made Russian business that you have to "thank" partners. How to give kickbacks so that they don’t steal their own? What is a good kickback control system? How can this system protect the employee and the company? And how is it supposed to work? Understanding Anton Monin.

Anton Monin

The article was prepared with the assistance of writing consultant Sasha Karepina and participants of the webinar "Article for one-two-three"

Imagine you need to "shove" your products into a company where, as you know, "if you don't grease, you won't go." Who is not doing this now and where! Here are two real-life situations that happen afterwards.

Situation one. One trading company they caught an overly presumptuous buyer and instead of hushing up the case quietly, they opened a criminal case against him. But in the same criminal case, his counterparties, those who paid kickbacks to him, also went like a train. The case is still unique, but possible.

Situation two. In a large IT company, during the next certification, they decided to “squeeze” a client manager who was too lazy, in the opinion of the head, to work with clients. And in order to force him to leave own will”, in the process of certification, his salary was reduced by half. The manager's reaction surprised everyone. He said that even under such conditions he was ready to stay to work, because, they say, his living wage is already much more than his salary, so reducing it by half will not fundamentally change the situation ...

It turns out that the main problem of the heads of commercial firms in Russia at the moment is not “to give or not to give”, but “how to give so that they don’t steal their own” and so that nobody gets anything for it.

Before you read the article further, I warn you that kickback is a criminal offense under Article 204 of the Criminal Code of the Russian Federation. Kickback refers to the illegal transfer to a person performing managerial functions in a commercial or other organization of money, valuable papers, other property, as well as the illegal provision of services of a property nature to him for committing actions (inaction) in the interests of the giver in connection with the official position occupied by this person.

By reading the text further, you agree that the author does not encourage you to give kickbacks personally, use the practice of kickbacks to organize commercial affairs in your organization, or train your subordinates to give kickbacks. The whole article is just a hypothetical discussion on the topic “What would happen if kickbacks in Russia were firmly established in business use.”

So imagine a situation where kickbacks are the norm for your business. What problems do you get as a leader in this case:

Pullbacks reduce the marginal profit of trades, and this affects the overall profitability. As a result of kickbacks, some transactions may become completely unprofitable for the company;

It becomes easier for your managers to immediately offer a kickback than to conduct a quality sale and preliminary research of the client;

Your managers may begin to "cut" kickbacks, that is, part of the money supposedly intended for the client to take into his pocket;

You and your employees risk being charged under article 204 of the Criminal Code of the Russian Federation mentioned above;

Your employees who transfer money are at risk when transferring large amounts of cash.

To avoid these and others possible problems, it is necessary to build a special system for working with kickbacks within the company - their accounting, calculation, transfer and control. What is a good kickback control system? This is a system that:

(a) protects the company and employees from criminal prosecution;

(b) limit the use of kickbacks to only those cases where it is really necessary;

(c) keeps the size of failures within the limits of profitability;

(d) ensures that all kickbacks are transparent to company management.

How can the system protect the employee and the company? This possibility is provided by the Note to Art. 204 of the Criminal Code of the Russian Federation, which exempts your manager from criminal liability, “if extortion took place against him or if this person voluntarily reported the bribery to the body that has the right to initiate a criminal case.” Of course, you're not going to report a kickback or it's not commercially viable, but this provision gives you an opportunity to keep your employees safe.

What can be done to limit the cases of rollback, and in situations where a rollback is necessary, to keep its size within the framework of profitability? This is where good marketing can help. It includes careful preliminary reconnaissance and consistent negotiation. In the course of exploration, the composition and relations in the procurement group at enterprises, the ways in which its members influence the course of the transaction, are clarified. The information obtained allows the negotiation to rely on the objective interests of the participants. Careful consideration of all interests often makes it possible to either completely eliminate kickbacks or significantly reduce them.

How can you ensure the transparency of the process for management and avoid cases of “cutting” kickbacks by employees? The principle of double control helps here, when no action is performed by employees alone. The principle is exactly the same as with admission to a safe deposit box, and when launching a ballistic missile. There are two people who can initiate the process. They both have a key, but the only way to perform an action is to insert the keys at the same time. Moreover, these people are in different subordination.

Now that we've discussed what a good bounce control system consists of, let's see how it could work. Once again, we emphasize the speculativeness of our reasoning. After all, we assume that neither you nor your employees will offer kickbacks themselves. Therefore, it is your employee who is being forced to give a kickback. And you resist it. And for this, you perform a simple algorithm, which it is desirable to consolidate in high-quality training.

So the manager found potential client.Firstly, the manager is obliged to conduct high-quality commercial intelligence of the company of a potential client. Reconnaissance includes finding answers to questions about each member of the purchasing team:

Personal qualities?
How is he related to others?
How does it influence decision making?
How can he help us?
How can he interfere?
What are his interests in this deal?

The commercial intelligence report is drawn up by the manager in the prescribed form.

Secondly, the manager fixes the fact of extortion of a rollback with a job note addressed to his immediate supervisor. The note sets out the circumstances of the negotiations, the place, time, and the proposal made. A sample memorandum is preliminarily agreed with a lawyer.

Thirdly, the manager attaches a form for calculating the budget for the transaction to the memorandum. In this formula, he must show that the presence of a rollback will not reduce the profitability of the transaction below the acceptable minimum. The settlement form is not created specifically for the basis of a rollback, but should be a standard component of the transaction passport in the company.

Fourth, further negotiations on kickbacks should involve the head of the manager. He, together with the manager, finds out who exactly, for what reasons and on what grounds in the procurement group is extorting a kickback. The validity of the rollback should be carefully examined. Can this client's employee really help us with the transaction?

It should be noted that there are two approaches - when a rollback is required by the one who can help the transaction and the one who can not interfere with its implementation. My advice is to rely only on those who can help close the deal. It is more reliable and more profitable in the long run. And most importantly - it is necessary to strive so that only one person receives a rollback in the organization!

Fifth, the final decision to conduct a transaction with a rollback should be made by a superior after checking all the documents of the transaction passport, reports of the manager, his boss, forms of payment, justification.

At sixth, the transfer of money should be carried out by a trusted person of the head of the organization (for example, an employee of the KRU or the security service) in the presence of the manager.

Please also note that it is often possible to issue a kickback, especially if it is regular, in the form of an official payment under a work contract or agency agreement. You also need to consider the opportunity to thank the client's employee in non-monetary form. For example, it can be the sale of products with a 99% discount, a joint vacation with the client's family.

Careful study of the proposed algorithm and its impeccable observance will allow you and your employees to avoid criminal liability, as well as increase their loyalty.

And remember the main thing: giving kickbacks is bad and wrong. It is better to learn how to work, competently using all the possibilities of commercial negotiations.

To identify an attacker, you need to know his weaknesses. What are the vulnerabilities of the payees? They are dependent. And dependence sooner or later deprives a person of vigilance. Therefore, sometimes, in order to identify a bribe-taker, it is enough to make a “test purchase”, sending his people. If you act according to the laws of the genre, then the employee will easily be tempted and give himself away. But to gain confidence, speak the same language with the scammer.

In this article you will read:

• About bribery in the management system of the sales department
• 4 Types of Haulers a Sales Manager Should Know
• How to solve the problems of kickbacks in the organization of the activities of sales departments

Sales department management system involves solving many problems, one of which is corporate bribery.

Best Article of the Month

If you do everything yourself, employees will not learn how to work. Subordinates will not immediately cope with the tasks that you delegate, but without delegation, you are doomed to time pressure.

We published in the article a delegation algorithm that will help you get rid of the routine and stop working around the clock. You will learn who can and cannot be entrusted with work, how to give the task correctly so that it is completed, and how to control staff.

How haulers work: tricks and moves

Sergey Ruban, restaurateur, owner, "Triumph"

There are also a lot of tips in the public domain on how to competently give a rollback. Here is one example. Point it out first. Are you uncomfortable doing this in the office? Well, offer to go out for a smoke or walk your partner to the car. Next, joke with the client, so you lull his vigilance. And now, left alone, offer a rollback. And if you are afraid that the counterparty may turn out to be intractable, feed him: first give small gifts, then more expensive ones, and then bring money and say: “Sorry, I was running around, I didn’t have time to buy anything. You choose for yourself." And then you can take the bull by the horns and offer kickbacks.

Four types of haulers

The consultants made a classification of payees and givers. I will bring it, then it will be easier for you to identify both of them and prevent kickbacks. For convenience, I will use the classification of Maxim Gorbachev and Dmitry Tkachenko.

They distinguish four types - "girl", "woman", "wife", "prostitute". If the kickbacker is of the “girl” type, he influences the decision-making or solves minor issues, but at the same time he does not know kickback schemes, does not understand hints, he has a fear of kickbacks. The tax giver must seduce him.

If the type of the bouncer is "female", he knows about the bounces, but pretends not to understand what it is about. Then the tax giver should become his "boyfriend" - tactfully and gently lead to this topic.

The “wife” payee (as a rule, this is an experienced buyer) needs money, attention, gifts. He takes kickbacks from trusted people. In this case, the tax giver must fulfill the role of the husband.

The kickback "prostitute" is the most common type in the public sector, lives on kickbacks. In this case, the payer needs to become the payee's wallet. The authors of numerous materials about "rollback" argue that most Western companies consider kickbacks complete marketing tool and successfully applied. Yes, and it has a beautiful name - kickback (legal bonus).

Employees want to take bribes

A huge number of people are frankly waiting for kickbacks. These are both bank employees and employees advertising agencies. Often, getting a job in the marketing and advertising department, a person is not particularly interested in salary. He is sure that he will be able to earn money without it - this is already a serious signal. The head of the sales department needs to pay attention to it.

I well remember the story of how the company decided to fire the lazy, presumptuous head of the purchasing department and cut his salary by half. What was the surprise of the authorities when the employee calmly remained to work - everything suited him. The head of the sales department began to understand this issue, and it turned out that the employee does not need a salary, he lives perfectly on kickbacks.

Why Employees Take Kickbacks: The Power of Self-Justification

Galina Pogodina, HR Director, Unilin

I call getting kickbacks stealing, only more veiled and therefore more dangerous. But the reasons for these two illegal acts are the same. Employees steal if three factors coincide - the need for funds, the ability to commit theft, a reason for self-justification. Without the latter, by the way, a person is not capable of stealing.

An insult to the leader can serve as self-justification: “He humiliated me - I’m only taking revenge” or “He didn’t pay me the bonus due, I’ll take it myself.” So, the manager of one large Russian company was aware that its owner was constantly evading taxes. And when he was caught on a bribe of 1 million rubles, he calmly declared that he was restoring justice. Moreover, he said that he transferred part of the stolen money to charitable foundation. So he didn't feel guilty. One more example. An IT specialist who had worked for the company for several years leaked customer databases to a competitor for good money. When the manager found out about this and fired the employee, he set all kinds of services on the company - tax, OBEP, as the employer constantly delayed wages, paid her "in full".

In favor of self-justification plays a sense of hurt pride. It pushes people to do different things. And if there is no opportunity to steal, there is often an opportunity to harm. The story I witnessed happened in Italy. One of the managers of a shoe company was offended by his boss for publicly reprimanding him. To get revenge, the manager bribed an employee who put the shoes in boxes. For a fee, he began to sort the products as follows: in one box there were only right shoes, and in the other - only left ones. As a result, when the production reached end buyer, it was not sold and sent back, and the company suffered huge losses. Management wondered why this was happening. No one could have thought that this was the result of resentment.

Sales department management system: at risk

In addition to self-justification, a person should have the opportunity to steal. If there is no control system and there is access to material values, the temptation to steal is great. And when an urgent need for funds is added to this, theft is inevitable (figure). But if an ordinary employee, acting according to this scheme, can carry away the office, then the manager has access to much more serious resources. Also, do not forget that people working in sales, as a rule, have an entrepreneurial streak. This is the main factor in their success.

Therefore, it would not be an exaggeration to say that such employees are in a special risk zone. For example, a sales manager who dreamed of buying an apartment in Moscow received bribes not from a client, but from his competitor. The latter paid for the manager to delay the delivery of goods to the rival. And since the negligent seller's company was the only supplier in the region, the competitor's sales grew sharply, and the client lost customers.

Cut off scammers at the entrance

Knowing the causes of theft and kickbacks, you can take all necessary measures to optimize the management system of the sales department, so that at least you yourself do not create fertile ground for illegal actions on the part of your subordinates. Here are some tips.

Check new employees. A person's propensity to steal and kickbacks can be checked even at an interview. Some companies use a polygraph (read more about this method in the article "How to use a polygraph in the fight against fraud"), however, it is often possible to bring a candidate to clean water using a projective interview. Its essence is that you ask questions that do not directly relate to the applicant, they sound like general ones.

For example: “Why do good specialists leave companies?”, “Why do people return a loan taken from a bank?”, “Why do employees in some organizations steal or earn extra money at the expense of the employer?” A person begins to talk about this topic and offers versions. And although the conversation is on an abstract topic, the candidate unconsciously names exactly what concerns him personally: they pay little, relations with the manager are not going well. And it is especially important what the candidate says first. Most likely, this will be a reflection of his thoughts. I note that it is better to conduct a projective interview in an atmosphere of easy communication, talking as if on abstract topics. And it is better to move on to this at the end of the survey, when it comes to hobbies, hobbies, interests of the interlocutor. Usually on this stage a person is more relaxed and disposed to free communication.

In addition to identifying negative tendencies in a personal conversation, I would advise you to research the biography of the candidate. For example, our security service always checks the applicant for a criminal record, offenses. After all, if a person was involved in commercial bribery, it is highly likely that he will take up the old. However, employers do not always bring the case to court and make the internal scandal public. Therefore, it will not be superfluous to personally communicate with the candidate's former employer, his colleagues, and look up information about him on the Internet. Today, social networks can tell a lot about a person.

In addition, I recommend checking the employee’s credit history: what are the person’s obligations to banks. If there are more financial obligations than he can pay, it is logical that he will look for additional sources of income.

• How to properly manage staff to reduce staff turnover to zero

Particular attention should be paid to the applicant's tendency to gamble, use alcohol or drugs. The presence of these defects can be checked by asking projective questions, talking with a former employer, collecting information on the Internet. But besides this, I consider it an effective method when hiring to send a potential employee for a medical examination, where he without fail will take a drug test. It is easy to justify such a need, for example, as follows: “We had a very unpleasant incident, since then the management has obliged everyone to check.” Yes, an unpleasant element of verification, but otherwise, an unreliable employee may appear in the company, and this will jeopardize business safety, labor protection, and the atmosphere in the team.

Be careful when visiting relatives. The vast majority of corporate wrongdoing is carried out in collusion. And to come to an agreement, for example, with a father-in-law is much easier than just with a colleague. For example, in Nizhny Novgorod at one enterprise, families mainly worked, such was the position of the owner. And they did not fail to take advantage of this. The conspired son and father for two months, under the pretext of shipping goods to the client, took out building materials literally by "KamAZ trucks". The damage was huge. The owner brought the case to court, and people were sent to jail, but the losses could not be returned.

Avoid office romances. This is even more fertile ground for collusion than family ties. And at the same time quite insidious. If you know about relatives and can take them into non-interacting units, then love relationships are more difficult to control. Some scammers deliberately seduce the right people to take advantage of their position in the company. The victims often turn out to be employees of the accounting department, warehouse, logistics department, security service, and personnel department. It is worth remembering the scandal in the Volkswagen car holding. The head of the Czech division of the concern entered into an agreement with the head of the personnel service. They received increased travel allowances and spent them on their own purposes.

Immoral professionals are the main reason for kickbacks

Evgeny Petrov, CEO, "Unity"

Often, haulers form informal communities where they can influence the entire industry as a whole. In some companies, they directly influence senior management. They push top officials to make the wrong decisions, mislead, block innovations, hinder reorganization activities in order to maintain influence in the company as long as possible, make the manager dependent on them. In the meantime, funds are being withdrawn from the company by combining kickback schemes. It is possible to calculate such people by their behavior. They always seek to manipulate. They communicate only with those who may be of interest to them, and they may not even greet the rest.

• How to fire an employee: the nuances that the manager should know about

Heightened pragmatism and indifference to people often betray these employees, if, of course, you look closely at them. However, many businessmen, unfortunately, prefer business qualities subordinates, not paying any attention to the moral. And it turns out that they are digging a hole for themselves when they hire a high-class, but immoral professional. Yes, at first the manager receives a high income from such people, and then loses many times more. Such "golden hemorrhoids" is inevitable in 99% of cases. At the same time, it is surprising that many leaders have prejudice towards people of certain nationalities, believing that they are more prone to stealing. However, I am sure that there are no good and bad nations, everything depends on the conditions and the system of government.

No chance of a rollback: how to expose a bribe taker

Maxim Solovyov, Commercial Director, CGT

If an employee is suspicious, transfer their client to another manager, and then start misbehaving, such as withholding payments. If an employee is given bribes, then he will be required to fulfill certain obligations, and his attempts to influence decisions will serve as an important signal that needs to be checked.

For example, a sales manager, having suspected a subordinate, simply decided to check his reaction. He told him the following: “It turns out that your client Pyotr Ivanovich and I are on the same gym we go. We talked with him about unreliable partners here ... Well, he didn’t know who I was ... ”Seeing that the manager got nervous, the boss went on the offensive, and the bribe-taker told everything. This old and simple trick works in corporate disclosures as well, but it is only effective for novice haulers, usually young employees. To calculate hardened scammers, you need a whole range of measures. And you can start with an elementary observation of the behavior of the team.

Pay attention to what they say in smoking rooms. To identify a hauler, sometimes it is enough to listen to the conversations circulating within the company. If employees suspect that their colleague is taking bribes, they will definitely discuss it among themselves. If there are such rumors in the team, check them out. Perhaps they are not worth a penny, but the opposite option is not excluded.

However, in reality, a situation often arises when the leader has no idea what they are talking about behind his back. There are many reasons: lack of time, and a certain distance, and it is not customary in our teams to knock on colleagues. Therefore, it is absolutely not superfluous to have your own person in the team.

Have informants. You can recruit an employee (loyal or caught in illegal actions). Another method is to create conditions under which each employee knows that it may be a potential danger to the business, and knows who to report it to.

Enter a helpline. Any employee or counterparty can call him and leave information about the employee who is taking or extorting a kickback. But you need to understand that 95% of such messages are disinformation and only 5% allow you to detect a violation. Yes, in large network grocery stores an internal helpline was introduced. He had two numbers - one for line employees, the other for managers. Any employee could call and talk about what prevents him from working. One day, an employee of the supply department called with a complaint about the head of the department, who spent more than 50% of his working time away from the office. And his subordinates could not, in connection with this, ask him questions, make a request. Then another employee called with a similar remark. And the third one already directly said that the boss always arranges meetings with suppliers by phone outside the office. This is how the management came to the hauler.

• Search for employees: step by step instructions for the head

Install hotline for contractors. This method does not require large financial investments. First, register an email address to which any counterparty can send messages in the form of complaints about your negligent employees, or create a special form on the company's website. Secondly, inform counterparties that all employees of the company are prohibited from taking kickbacks. This can be done by direct mailing of electronic and regular letters, as well as through the company's website or by holding a special seminar (webinar). Appoint a person who will be responsible for processing incoming messages. It is unlikely that information will flow like a mountain stream every day, so this may be a person who will combine the processing of messages with the main work. If the company does not have a security service, the issue can be entrusted to the personnel department.

Check intermediaries. Pay attention to who is at the helm of these companies and who directly cooperates with you. Often kickbacks involve their own people - relatives or friends. The latter, by the way, are easy to calculate; they are often classmates, fellow students, colleagues and even neighbors. It will not be difficult for the security service to carry out such a check, unless, of course, you forget to give it the appropriate instruction.

Check employees with "Mystery Shopper". This method works quite simply. A legend is created, and the employee (who is suspected of uncleanliness) is offered a kickback under the guise of a counterparty. If the employee agrees, they are fired, raising a big scandal within the company. After that, the team is informed that the leadership intends to use this method of secret verification in the future.

Control correspondence and telephone conversations. Often this work is performed by security personnel. But if your company does not have a Security Council, you can instruct a trusted person to carry out spot control or do it yourself. If you hear the following phrase: “This is a non-telephone conversation, let's meet on no man's land”, most likely we will talk about a rollback. It will not be superfluous to check the information in the computers of employees. Security officers open a database or folders with documents and, since there is a lot of data, they look for information by keywords. For example, “rollback”, “leftist”, “delta”, “cash”, “drain”, “throw”, “money”, “bucks” - each security service sets its own vocabulary for rapid response. By the same methods they read email and correspondence on other electronic platforms(read more about the methods of monitoring the activities of personnel in the next issue).

hauler's lexicon

Bidon (from English to bid - "offer a price") - a specialist in participation in tenders.

Bill boarding - a company through which money is cashed using bills.

Homework - rollback in the construction industry.

Informant - an employee who provides information about the structure of the organization, the procedure for making decisions, personnel changes. Most often they are secretaries.

The cardboard business is the movement of large amounts of cash in cardboard boxes.

Cutlet - a pack of money.

Sheet - one hundred dollars.

Decision maker (DM) - an employee who is competent to make a decision on a transaction.

The real decision maker (LDPR) is an informal leader, a "grey eminence" who implicitly influences the first person and the decisions he makes.

Moose steak - small concessions that provoke a negotiating partner to get much more from you. The expression comes from a parable about a hunter who killed an elk and tried to buy off small pieces of carcass from wolves, who eventually took all the prey for themselves.

McDonald's is a department of direct sales to individuals and small business customers in large retail companies.

Washing (hedgehog, monkey, grebe, garbage dump, bruise, lantern) - a company through which money is cashed out.

Roll forward - the percentage of the rollback to the person concerned.

Heating is a bonus, a premium.

A useful deal is a deal for personal gain.

Laundry - a small bank dealing with "gray" schemes.

Retrobonus - remuneration to distributors for actions beneficial to the manufacturer (large volumes of purchases, favorable terms of the transaction, competent merchandising).

Rebate - rollback in the field of IT. In general, a rebate is a return discount, but sometimes it is understood that this money goes into the buyer's pocket.

Ally - an employee who is willing to help the hauler, but does not have the authority to make a decision.

Shadow - an employee who can potentially participate in a kickback scheme.

Author Information

Sergey Ruban Graduated from the Kherson Agricultural Institute. In 1999 he received a second higher education with a specialization "Management and economics at the enterprise" at UNN. One of the founders of the restaurant business in Nizhny Novgorod. Catering organizer in the city and region. The first leadership position - the head of the cafe "Kladovaya Tower" - took in the mid-1980s, currently manages the company "Triumph", which includes the restaurant "Vitalich", the cafe "Aquarium", "Bukhara", "Stone-grad" , as well as a network of summer cafes.

"Unilin" implements investment project- construction of a plant for the production of laminated flooring. During the work on the project, 90 new jobs were created. Official website -www.unilin.com

"Unity"- holding, which includes several diversified businesses. Leading among them is the production and sale of printing products in Nizhny Novgorod. The printing house employs about 100 people.

CGT- the largest distributor of food products in the Nizhny Novgorod region and the Volga region. Delivers goods to Chuvashia and Mari El. In the food market - since 1992.

In revolutionary times, bribe-takers were not on ceremony. Even Lenin spoke about the need for severe punishment of bribe-takers, personally editing and correcting the decree “On Bribery”, which stated that any offering received in any form, not only personally, but also through an intermediary, for the fulfillment of actions included in the circle official duties persons who are members of a state, union or public service for the benefit of the bribe giver. Moreover, not only taking a bribe, but also provocation was severely punished. In especially serious cases, even capital punishment with confiscation of property was applied!

If we replace the concept of "official" with "buyer", we get a simple scheme, according to which "kickbacks" circulate in the commercial environment. So, a kickback is any reward for an employee of a company or an employee of an authority - regardless of the form of ownership - received by him secretly for making a decision that is beneficial for the kickbacker or performing a similar action.

Moreover, the procurement sector is traditionally considered the most “bread place” in this regard, whether it be government purchases, which make up about 35% of the expenditure part of national, federal and local budgets, or commercial purchases by a private company.

Bribe a very ugly word, which for some reason evokes associations with a thick bundle of marked money, handcuffs and confiscation of property. The word is also becoming obsolete and is slowly being removed by native speakers from everyday life. Apparently, so as not to offend respected people.

Rollback modern concept, which evolved from a general social "bribe" into a narrower business term.

Reward a neutral concept that can mean both an intangible reward for a noble deed, and financial incentive unscrupulous employee for using his official position for purely selfish personal purposes. The word is good mainly because of its versatility.

Commission is an even better word, which under certain circumstances can also be used as an equivalent of the concept of "kickback".

You can conditionally divide kickbacks into three types:

* Classic rollback("envelope"). You are offered a specific percentage of the purchase amount or a fixed amount from each order or from each batch of goods.

The presence of the envelope itself is not required at all. The most popular types of classic money pullbacks have not been directly related to cash for a long time. You may be offered a transfer to the card - and the supplier himself opens the bank account for you, registering it for some unknown person. In this way, you are guaranteed confidentiality - because your name does not appear in this "left" cash flow.

At a higher level, it might look a little different. Some advanced buyers are sometimes not only individuals, but also representatives of certain legal entities, and in this case it does not mean the company in which the buyer officially works.

Otkat LLC can enter into a fictitious contract with a supplier company and quite legally receive regular payments for "consulting services", or "carrying out marketing research', or 'check technical documentation". Anything that does not have a material embodiment will do. And it is convenient for the supplier - thanks to such schemes, he can quite officially write off the amount of kickbacks.

* Alternative rollback("greyhound puppies"). This scheme is aimed at more "finicky" buyers. This includes any material assets received by buyers from suppliers. For example, it is fashionable among suppliers to give buyers large birthday gifts. Seems like a good reason to pay tribute. The latest smartphones, plasma TVs, artsy jewelry, fancy laptops, expensive weapons, cars, works of art.

* Intangible kickback(moral and physical satisfaction). This includes exclusive types of "kickbacks", such as, for example, lobbying for a citizen's candidacy in various elections, assistance in awarding him some prestigious award or another scientific title, etc.

Nowadays, many charitable foundations have appeared that are engaged in identifying and rewarding the “best of the best” on a commercial basis.

Consider the negative pullback factors:

1) by concluding an unspoken agreement with the supplier on informal financial relations, the buyer, sometimes without realizing it, becomes dependent on the one who gives a “kickback”, if the buyer has agreed to lobby the interests of a particular supplier for a certain fee, he first of all deprives himself of the opportunity to choose, the opportunity to always respond quickly and flexibly to possible changes in the market situation or the internal needs of your company. The number of situations in which he can no longer accept own decision, but is forced to consult with those "who pays", increases sharply.

2) the minus of kickbacks is that by agreeing to a "secret" deal, the buyer endangers his career. Even if he has an impeccable reputation and he is confident in his own infallibility and elusiveness, his behavior will somehow reflect the changes taking place in his life.

3) the risk of information leakage. After all, even if the supplier behaves quite delicately, and they don’t suspect anything at work, the buyer still risks - first of all, the reputation of a decent worker and an honest specialist. Good buyers are highly valued because many people ultimately depend on their work. economic indicators companies.

4) lack of control over the situation. When trying to replace a counterparty with someone else, or a similar initiative for some reason will come from your leadership, be sure that, despite many years of assurances of friendship and drinking drinks together, you will be put under the most serious pressure, up to the primitive and vulgar blackmail. And then I won't envy you.

Experts are the main ways that government customers use to give orders to their suppliers:

- sets unrealistic deadlines for the execution of the order, but pays a lot of money;

Distorts the classification of the purchase, the name of the order does not correspond to the technical specification and the draft state contract;

- deliberately makes grammatical errors in the public procurement announcement, inserts extra letters, words or changes the Cyrillic alphabet to the Latin alphabet;

- in the application gives excessive detailing of requirements;

- on the contrary, does not detail specifications purchased goods, works, services and does not post mandatory information on the official website - design estimates, work schedules and other information.

Let's see what the law says! Is it possible to use these schemes with impunity?!

The Criminal Code of the Russian Federation enshrines Article 204 (commercial bribery), Article 290 (Taking a bribe), Article 291 (Date of a bribe) of the Criminal Code of the Russian Federation, which are directed against offenses by officials state and administrative bodies. A kickback is commercial bribery, essentially the same bribe, only in the commercial sphere. There is also another article of the Criminal Code of the Russian Federation that can be used in the fight against kickbacks - 201 (“Abuse of authority”), which provides for punishment for the use by a person performing managerial functions in commercial organization, their powers - "contrary to the legitimate interests of this organization and in order to derive benefits and advantages for themselves and other persons, if this act caused significant harm to the rights and legitimate interests."

As we can see, there are enough articles in the Russian criminal legislation aimed at combating commercial bribery. However, in practice they are quite difficult to implement.

The first thing you should pay attention to; - at least one of the parties, which is obliged to inform law enforcement on the offer of commercial bribery. In real life, unfortunately, this happens extremely rarely - well, representatives of commercial organizations are not interested in "substituting" each other! This explains the high latency (concealment) of crimes of this kind.

Analysis judicial practice of cases related to commercial bribery - kickback, shows that most of the criminal cases on the facts of kickback arise if the taker has already gone too far that the giver has to contact the police. Or there are situations on the contrary, sometimes even looking like a joke, for example: an official who initially negotiated a kickback with an interested person lost his nerve and, overwhelmed by the thought, and whether this situation is a provocation or a test, he turned to the competent authorities. The surprise of the “recoverer” in this situation is difficult to convey in any words. Imagine: in the course of communication with an official, the latter himself hints at the need to take into account “personal interest” - commercial bribery, you support this conversation, and after the fact of handing over the coveted envelope, the police officers detain you, kindly showing a movie, under the working title, “How I gave a kickback where you play the lead role.

There is an opinion about the safety of non-cash payments when committing this kind of crime, but this is a delusion, here is an example from judicial practice: “Novikov was arrested at the Sberbank branch, where he received 750 thousand rubles in cash. The head of the district demanded a kickback - commercial bribery, for road and gardening work. The process was not easy. The main witness for the prosecution during the hearing partly retracted his testimony. After that, prosecutor Antimirova harshly reminded him of the responsibility for giving false testimony.”

The fundamental component of this block of crimes (Articles 201, 204, 290, 291 of the Criminal Code of the Russian Federation) is that during the judicial investigation, the party supporting the prosecution is obliged to prove the existence of a connection between the receipt of money and the decision made in the interests of the giver.

In conclusion, it should be noted that, according to the law, only criminal prosecution of “persons performing managerial functions in a commercial or other organization” is possible. That is, such a person can only be a person in an organization whose decisions are binding and who has special powers, fixed by local regulations(charter, order, regulation, power of attorney). So the middle managers who mostly dabble in kickback - commercial bribery - are just lobbyists. Their decisions are not binding. They only strongly recommend this or that deal to the authorities. Accordingly, criminal liability for commercial bribery, or kickback as it is popularly called, does not apply to them.

The State Duma received a document in the form of the Draft Federal Law No. 1079243-6, and since this document was sent to the State Duma by the President of the Russian Federation, this document will very soon will become federal law no amendments writes Vladimir Turov in his blog.

I will not touch on the topic of taking bribes, because the document covers all this, so read it in its entirety. I will only touch on such a thing as kickbacks, i.e. commercial bribery. The practice of kickbacks in our country is very, very widespread. So, if you give kickbacks, then treat the above very carefully.

Let's figure it out in order. First, let's understand what is a rollback?

In accordance with the new wording of Article 204 of the Criminal Code, commercial bribery or kickback is considered to be the illegal transfer of money, securities and other property to a person performing managerial functions in a commercial or other organization, and so on. That is, if your company gives kickbacks to someone so that they buy goods from you, this is already commercial bribery.

Part one. They will punish the directors of those companies that allow kickbacks or give kickbacks.

Second. Intermediaries who give kickbacks or promise kickbacks will be punished. What does intermediaries mean? For example, if you instruct your manager to give kickbacks, then the director will also be punished in a criminal manner, will be punished severely - up to 12 years in prison, and the manager himself will be punished, also severely - 5 or 10 years.

Third moment. Those who do not work in your organization will be punished. For example, you have created a company, you trade wonderfully, you work, and you have individual entrepreneur who works as your agent. You are the principal, i.e. customer, and you instruct an agent to sell your product. And you say: “You are an independent person, everything is in order! Let's sell our goods! The money goes directly to your current account, and you then pay the agent his agency fee and the kickback provided under this agency fee. Then the agent gives this rollback further. So, in this case, the director of the company will also be punished and the agent will be imprisoned, although he did not act in his own interests, he only received his pennies in the form of an agency fee. The agent gave a rollback because you allowed him to give a rollback or asked him to give a rollback. Thus, he will now also be punished criminally.

So let's sum it up:
1. Punish the leaders themselves;
2. Punish employees who give kickbacks;
3. Punish employees of an independent company who are intermediaries in kickbacks;
4. Punish for promising a rollback;
5. They will punish an organized criminal group, etc. etc.

And what is the size of the rollback falls on the Criminal Code

In general, anyone, even 3 rubles, if a person takes a rollback. By the way, those who take kickbacks will be punished criminally. And for those who give kickbacks, another gradation. There will be punishment if the amount of the rollback is more than 25,000 rubles. That is, if the rollback is over 25,000 rubles, this is already a criminal article. Agree, 25,000 thousand rubles is not such great money. So, if the kickback is more than 25,000 rubles, which is considered a significant amount of commercial bribery, then, according to Part 2 of Art. 204, a fine of up to 800,000 rubles is provided for. And much more, including imprisonment up to 2 years. So, if the size of the kickback is from 25,000 to 149,000 (up to 150,000 rubles), then you can “get a little money” both for the director of the organization that gives kickbacks and for the intermediary.

And what is our large size? A large amount is a kickback, the amount of which exceeds 150,000 rubles. For a large size, "shines" from 3 to 7 years in prison, plus a bunch of fines and other interesting things.

There is also such a thing as a particularly large amount of commercial bribery - more than 1 million rubles. In fact, for companies that participate in tenders and public procurement, the rollback amount is always over 1 million rubles. So, if your amount of commercial bribery exceeds 1,000,000 rubles, or you had a group of persons who acted by prior agreement or was an organized criminal group, or you knew that you were knowingly committing illegal activities, then in this case, imprisonment will be for a period of 4 to 8 years with a fine of up to 40 times the amount of commercial bribery or without it, but with deprivation of the right to hold certain positions or engage in certain activities for up to 5 years.

And the smallest for a particularly large size is a fine of 1,000,000 rubles. up to 2,500,000 rubles or in the amount of the salary or other income of the convicted person for a period of 1 year to 2 years 6 months. Or in the amount of 40 to 70 times the amount of commercial bribery, with deprivation of the right to hold office for up to 5 years. Can you imagine? "Kickback" - 1 million rubles, and a fine - from 40 to 70 million rubles. Normal, right? This is for giving a kickback. But this is far from the end... This is for those who give back.

Now let's deal with those who take it. For those who take kickbacks in a commercial organization, the situation is much tougher.

What is illegal receipt of a kickback? This is the illegal receipt by a person performing managerial functions in a commercial or other organization of money, securities, other property, etc. etc.

If the rollback amount is up to 25,000 rubles, a fine in the amount of 700,000 rubles is provided. and above and imprisonment up to 3 years. For example, 10 thousand rubles. I gave a rollback - I got a three-ruble note easily. This is part 6 of Art. 204. And if someone received a kickback in the amount of more than 25,000 rubles. Imagine, 26,000 rubles. took a “kickback” and received up to 5 years in prison and a bunch of different fines.

And if the act provided for by part 5 of this article is associated with extortion or was an organized crime group, or the kickback taken amounted to more than 150,000 rubles, then the person who took the kickback in excess of 150,000 rubles receives a punishment in the form of imprisonment for a term of 5 to 9 years. Not bad like this: from 5 to 9 years and a bunch of fines ...

Let's move on, this is far from over. But if these acts were committed by an organized crime group and were associated with extortion, or were committed for illegal actions or inaction, or a person took a kickback of more than 1,000,000 rubles, then imprisonment will be from 8 to 12 years. Like this…

I'm not a fan of kickbacks. But in our country they have always existed. But I am against such harsh punishments.

Businessmen think that it is impossible to get normal orders without kickbacks and bribes. But it's not. At my seminar I tell you how to run a business legally and earn money at the same time.