Kickbacks for gate sales managers. Kickbacks in the sales department and the fight against them. Schemes of criminal actions

Sergey Eliseev, Partner and independent director of Management 911+ management company, expert of the Union of Heads of Security Services of the Urals, Moscow

In this article you will read

• How to eradicate kickbacks in the company and theft among purchasing managers once and for all

1. Organize a "hot line". This is one of the most effective ways stop kickbacks in the company at the level of middle managers. Using all available communication channels, notify suppliers of the existence of a "hotline" - let them inform you if your employees start extorting kickbacks.

Launch an "escalator": announce to partners that if they have a really good price offer, and the purchasing manager did not respond to it, they can always "rise" with this offer to a higher level: head of department, top manager, and even General Director.

2. Track the contacts of managers with contractors. Oblige managers to annually enter information on interaction with counterparties into the CRM system during the day. This is a soft method that, among other things, will allow you to accumulate useful data. There is also a tough option: the conversations of managers with partners can be recorded (in compliance with the requirements of the law) and selectively analyzed for discussions of kickbacks in the company like “send the package as usual”. At the very least, employees should know that you (or the security service) have this capability and control is in place. An important addition: you need to ban the use of personal phones for work, even any use of them indoors. Then the manager, who constantly runs out into the street to talk on his mobile, will quickly attract attention.

3. Conduct test purchases to deal with kickbacks in the company. On behalf of a potential counterparty, offer managers kickbacks and monitor the reaction of employees. For such work, it is better to attract external specialists, doing this in the conditions of a seasonal increase in demand.

4. Another good way fight kickbacks in the company - monitor prices. Instruct the marketing department to regularly analyze the level of prices in the market (for this, you can research offers on electronic trading platforms). The method is good if you have many competing companies offering the same type of goods. But for segments where complex individual orders are carried out, it is not suitable.

5. Hold a "show trial". If you caught someone kickbacks in your company, do not hush up this fact - arrange a demonstrative dismissal, file a lawsuit, write a statement about initiating a criminal case, make the information public in the media (printed or electronic). Regardless of the decision of the court and the outcome of the criminal process, this will make other employees seriously fear liability for such violations.

6. Standardize the provision of discounts and other benefits. Regulate the conditions under which suppliers must be granted discounts and deferrals. Do not limit yourself to any one criterion - identify three to five reasons for making such a decision. When it comes to exceptions to the rules, consider them collectively at a higher level than purchasing managers, with the participation of security personnel, marketing departments, finance.

7. Prevent the formation of stable relationships. If you regularly change managers assigned to specific counterparties, the risk that your employees will establish too close ties and begin to abuse them is reduced. The effect will be greater if you make such a policy official. In addition, it is worth breaking down the supplier contracting process into stages and entrusting each of them to different managers - despite the fact that such a step will increase the burden on managers who integrate the results.

8. Minimize cash payments. Cashless payments are more transparent: if necessary, they can be traced. Accordingly, the risk of kickbacks in the company when refusing to pay in cash is somewhat reduced.

9. To lead what cannot be overcome. If the industry in which your company operates is highly corrupt, immediately inform suppliers that you, as the owner, personally accept kickbacks in the form of discounts and other preferential terms. Otherwise, kickbacks will be offered to your subordinates.

10. Engage in negotiations with suppliers. It is useful to periodically involve one of the managers in negotiations with new suppliers (or participate in one of the final meetings yourself). In most cases, a partner who has concluded a deal with the participation of a higher-level manager will not pay for the loyalty of your buyer, but will limit himself to modest gifts.

“Greetings, reader of the Marketer's Diary. Let's talk about a burning topic in almost any retail business, and not only in retail business. Let's talk about kickbacks in supply. It is no secret that the problems of companies associated with kickbacks appeared a long time ago, and most likely they are unlikely to disappear. Is it necessary to fight it? And most importantly, how to eradicate a rollback in the supply of the company? That is what this article is about.”

In order for companies to survive and develop in today's market conditions, they need to constantly increase their profits. It is understandable, but ... How to achieve this? One way is to reduce the cost of purchasing goods. However, this is where the company runs into a wall in the form of a procurement officer who, in general, is not interested in developing the company's business, but is interested in increasing personal wealth. For what? One option is a bribe.

The question arises, what does marketing have to do with kickbacks in the supply department? And the most that neither is direct. The task of marketing is to ensure satisfaction of the requests and needs of the buyer, and not the personal motives of the supplier.

The assortment in the store should be planned based on the preferences of the buyer and at least logic. Stocks of residues should also be adequate to sales and supply opportunities, but not to the desires of suppliers. And lastly, reducing the costs of the enterprise and increasing its profits - isn't this the final goal of marketing?

I don't personally dislike purchasing managers, I even love them. With many I have very a good relationship, with some even friendly, but as Bodrov said in the film Brother-2: "All power is in truth."

In Russia, bribes and kickbacks in supply departments are, for the most part, the norm. According to statistics, and you can’t help but believe it, more than 70% of suppliers present to managers of the supply department from 1 to 15% of the value of the shipped goods in the form of a personal bonus or kickback.

In addition, suppliers officially pay companies to promote their product on store shelves. And yet, based on statistics, among the suppliers, from 10 to 50% belong to the category of "haulers" and this depends on the internal control in the company itself.

Of course, all additional costs, including the kickback to the supplier, are included in the cost of the goods (everyone wants to receive a profit). And as a result, taking into account the margin of the retailer itself, at the exit, the final price for the buyer is 10-20% higher.

Negative aspects of a rollback in retail supply

• The supplier incurs losses and inflates the price, in connection with which sales volumes are reduced.
• Retail incurs additional costs due to price and terms of delivery.
• Buyer - either spends too much or does not spend at all, but at the same time remains without a purchase.
• And even a supplier who has received a double benefit (one in the form of a kickback, the other in the form of a salary) is forced to break the law, harass his nerves and work under pain of dismissal if the secret is revealed.

Introduction of a new product to the assortment. In this case, the amount of the bonus to the supplier can reach up to 5% of the delivery amount. For the network, this threatens to overprice and occupy the trading area, an unverified product.

Purchase of commercial equipment for equipping a retail network. Also in this category can be attributed the purchase of household and stationery to ensure the work of the office. The rollback amount can reach 20% of the delivery amount. For any company, these are inflated costs that may not pay for themselves.

Ordering excess or perishable goods. Not only that, retail (mainly grocery) bears the cost of writing off expired goods, which cannot always be returned to the supplier. It is also the increased costs of storing excess goods in the warehouse and the workload of the warehouse, which can lead to even greater costs for increasing the area of ​​\u200b\u200bthe warehouse (for example, purchasing a new one) or the inability to store hot goods. The amount of rollback of the manager of the supply department can reach 10% of the order value.

Displaying goods in advantageous places. Sometimes the appearance of a product in the best place on the trading floor is not associated with merchandising criteria or increased profits, but with the initiative of the supplier. In this case, the network loses the money that could have been received from the supplier for the profitable placement of goods (payment for a gold shelf, a completely official marketing item of income for any retailer, it's just that suppliers do not always know about this and act through suppliers). The rollback in this case can be up to 10-15% of the cost of monthly or quarterly sales of goods. By the way, if you go the official way, it can be much cheaper.

How to identify kickbacks in the supply department?

The task of identifying the receipt of a kickback by the manager of the supply department is very difficult, but quite solvable. This should be done by the security department or the management of the company. The following are the main features of work on the rollback system for suppliers. All of them are indirect, but their combination will allow us to draw the right conclusions.

First, do not distrust rumors. Human envy is a very strong thing and it is indestructible. I'm not saying that every rumor needs to be believed, but it's still worth checking them and conducting closer monitoring.

Secondly, it is worth paying attention to the standard of living of the supplier. It is unlikely that an employee with a salary of 30,000 - 40,000 rubles a month can afford to maintain a prestigious foreign car that is expensive to maintain or an apartment in an elite building in the city center. It is not a fact, of course, that these funds were received through kickbacks, but it is worth paying attention to.

Third, often, kickback negotiations are always conducted outside the walls of the company. It is worth watching the manager of the supply department, who goes to the client for negotiations.

Fourthly, it is necessary to monitor prices, and permanently. If a competitor has a cheaper price, then you need to clearly understand what you are overpaying for. Naturally, there are a lot of objective reasons here, for example, a smaller volume of delivery or additional service (supplier's own delivery), etc., but it is necessary to pay attention to this.

One of the options is to check the managers of the supply department on a polygraph. Naturally, these are additional costs and the consent of the employee is required, but as a result, the costs can be recouped many times over. And it is desirable for the management of the company, when using this method, to set a personal example.

Sixth, indirect signs of the existence of a rollback include the priority of paying bills from the same company. Those. the manager of the supply department has a "favorite" among the suppliers, whose interests are beginning to be lobbied within the company.

How to deal with kickbacks in the supply department?

When, on the basis of indirect signs, it is possible to identify the supplier's interest in a particular company, but there is no clear evidence, measures must be taken. What can be done in this case:

1. Transfer the supplier company to another manager, reduce the volume of purchases (if possible, without reducing sales), delay payments on invoices. A supplier who is paid a kickback has a number of agreements and must earn his money. In this case, they will take certain steps to improve the situation - here everything will become clear.
2. Clearly communicate to all suppliers what the company has formal possibilities for presenting goods at the retail point of sale. It is desirable to carry out this communication not by the manager of the supply department.
3. Renew the contract for the supply of goods with the introduction of a clause on serious fines for the supplier in the event that a rollback is established. And a complete break, any relationship. In the case of "extortion" of a rollback by the supply department, provide data to the company's management, i.e. simply hand over the supplier. The supplier is not interested in losing his customers (in the form of a store) and in the event of a choice between an individual and a permanent distribution channel for his products, the decision will be made without hesitation. The only thing this may not work in the case of family ties between the supplier and the manager of the supply department.
4. Increase bonus part wages supply manager. If the manager has a very strong material motivation to play fair, and a strong fear of losing his job for getting a kickback, then I am more than sure that there will be fewer kickbacks. But this requires constant monitoring of the activities of the supplier.
5. Constant monitoring of retail prices. If everything is fair, and prices for the retailer are higher due to certain criteria, then the task of the supply department manager is to identify these criteria and take measures to reduce the purchase price.

In any case, it is not worth going too far in the fight against supply kickbacks. Too much tightening of the screws can lead to a break in relations with a good supplier or the loss of a very good supplier. What can we do about our mentality and we are ready to take it with pleasure and don’t forget to encourage - otherwise you won’t survive in Russia.)

On this optimistic note, perhaps I will end. Write in the comments or email your thoughts on this issue, as well as subscribe to blog updates.

The word "kickback" has long become a familiar synonym for "bribe". And, as you know, it corrupts officials and businessmen, who quickly get used to solving all problems with the help of an envelope with money, and undermines the health of not only the economic organism, but also the state as a whole. Therefore, in any country, kickbacks are considered extremely serious criminal offenses, and our country is no exception. However, in today's Russia, the rollback plays other roles, sometimes the most unexpected ones.

business practice

"The bee takes a bribe too!" - this phrase can serve as the motto of many Russian buyers and government officials. And every now and then, millions of Russians, clinging to TV screens and computer monitors, with hidden joy in their hearts ("Gotcha, my dears!") Learn the details of another scandal involving commercial bribery and bribery in procurement. The purchase of subsidized medicines by the Mandatory Medical Insurance Fund, the purchase of computer equipment by the Pension Fund, the corruption scandal at the Deposit Insurance Agency, the investigation into the reasons for the cooperation of the Ministry of Information Technology and Communications with Siemens ... However, residents of other countries also have the opportunity to observe the development of kickback scandals . Recently in corruption scandal top managers of the IKEA chain of stores were involved. They were accused of taking millions in bribes from construction companies to whom these managers arranged contracts for the construction of shopping malls in Germany. And managers of the German division of Philips were recently suspected of bribing employees of retail chains.

Victoria Osipova, financial director of the company "Avantel Club Istra": Kickbacks are a problem for business owners and managers. Getting a kickback by a supplier leads to the fact that the purchase of goods or raw materials is not on the most favorable terms for the buying company, which leads to an increase in cost and, ultimately, to a decrease in business profitability.

Dmitry Tkachenko, trainer-consultant, author of the book "O.T.K.AT. - Special Technique of Client Attraction": The parable is remembered. A Japanese official goes to China, meets a Chinese official and sees that he has a big beautiful house, although he receives less than a Japanese. "How is it? Your salary is small, but such a house." A Chinese official leads the Japanese to the window, points to the road and says: "Do you see the road? I got 25% off it." Then a Japanese official goes to Nigeria, meets an African official, and the whole thing repeats. Only an African official receives even less than a Chinese one, but his house is much more luxurious. The Japanese asks: "How is it so?" An African official brings the Japanese to the window and says: "Do you see the road?" "There is no road there." — "Because no, I got 100% from it." If we draw parallels, then the case with a Chinese official is closer to the procurement of a commercial organization, with an African - procurement for the public sector.

Roman Bodryakov, General Director of LLC "ROMB Consulting" (consulting in the field of procurement management): In 2006, our company conducted a survey of managers of 120 trading companies. To the question "Do you pay the customer's buyer a bonus in cash?" 78% of the managers surveyed answered in the affirmative. At the same time, they referred to the fact that they pay kickbacks in connection with the established rules for working on the market. That is, it turns out that for many, a rollback is a custom of business turnover, without which a rare transaction can do.

Kickbacks in law and in life

The concept of "kickback" entered the Russian language relatively recently, replacing such concepts as "bribe" and "commercial bribery".

Indeed, the analysis shows that all existing definitions of a kickback are a translation from the legal language into Russian of articles 204 (commercial bribery) and 290 (bribery) of the Criminal Code Russian Federation. Commercial bribery is understood as "the illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, as well as the illegal provision of property services to him for actions (inaction) in the interests of the giver in connection with the official occupied by this person position."

Anton Khodarev, CFO "Sapsan" Management Company: Important point One thing worth paying attention to is that at least one of the parties should be interested in disclosing the fact of the transfer of a kickback, which should inform law enforcement agencies about the offer of commercial bribery. In practice, this happens extremely rarely - well, representatives of commercial organizations are not interested in substituting each other! This explains the almost complete latency (concealment) of this crime.

The vast majority of cases (out of the meager number identified and reached the court) on the fact of "rollback" fall apart in court. The fact is that the main practical problem of the application of Art. 204 of the Criminal Code of the Russian Federation, as in the case of a bribe, is the provability of the corpus delicti. That is, to prove in court the existence of a connection between the receipt of money (property benefits) and decision in the interests of the giver is always extremely problematic.

Roman Bodryakov: In one trading company, they decided not to limit themselves to the dismissal of a buyer caught on a rollback. A criminal case was opened against him, and the sales manager of the counterparty company was also held accountable. The case, of course, did not reach the court, but subsequent events became indicative. Within two months, more than half of the buyers quit their job own will, but the cost of purchased products decreased by an average of 7%.

However, as is known, with the strict application of the laws governing the economic life of the country, officials could completely slow down this life, remaining on the basis of legality. So in Russia, rollback often plays a "constitutional" role. Kickbacks allow you to introduce new technologies, get approvals for business projects in the shortest possible time, which, under the usual review procedure, would drag on for years.

Increasingly, examples of so-called whitewashing of pullbacks are appearing in various markets. "Whitening" usually takes place under the guise of marketing campaigns, during which buyers who have fulfilled the requirements of the supplier (a certain volume of purchases, the purchase of the entire product line, etc.) receive personal bonuses in the form of gifts.

For example, Microsoft in 2006 offered system administrators "an incentive program for employees who make an effort to license Microsoft products used in their company."

First, the system administrators of a number of potentially interesting companies for Microsoft received an unexpected offer. In a letter addressed personally to the system administrator, he was invited to take part in the mentioned "incentive program". In the letter and on a special closed website, a detailed bonus scheme was also given, which was as follows: if a company purchases licensed software for $2,500, then the employee of the organization who contributed to this will receive 150 USD. e. True, at a time he could receive no more than 1000 y. e. And, of course, it was not about cash: the system administrator was supposed to issue a plastic card of the Mir network for an amount equivalent to the bonus received. It is also noteworthy that the leaders of most companies never found out that Microsoft is giving out personal bonuses to their employees.

So what did Microsoft offer to system administrators - a rollback or participation in a marketing campaign? From the layman's point of view - a rollback. Legally, no.

Give a penny - you'll be good

The most burning question is how to bring up this sensitive topic in a conversation, what to say, what phrases to use when offering a kickback. The topic is tricky...

Dmitry Tkachenko: Before becoming a freelance business coach, I worked as a sales manager for a workwear supply company. industrial enterprises. All transactions for large enterprises were carried out using "personal bonus" schemes. It was there that experience was gained, which formed the basis of the author's training "O.T.K.AT. - Special Technique of Client Attraction" and the book of the same name. The most important skill that I have been taught and am learning is the ability to carry on a conversation on two levels at once - in such a way that each phrase can be interpreted both as a discussion of the "white" side of the transaction, and as an offer of a rollback. For example, at the beginning of a conversation, it is very good to probe a potential recipient of a rollback with ambiguous phrases: "It will be very profitable for you to be served in our company", "We are ready to meet you halfway so that you choose our company", "A discount is possible in any form convenient for you" . The Russian language is multifaceted, and the pronoun "you" often heard in ambiguous phrases can be understood in two ways: "you" as a person, "you" as an organization. In the course of communication with an opponent, “you” should be slightly emphasized intonation - a half-second pause, a slight change in intonation or voice volume perfectly focus the attention of the interlocutor, telling him that there is a hidden meaning in your words. The second most important skill when working with kickbacks is to monitor the reaction of a potential recipient to your ambiguous phrases and understand the implicit meaning of their words. If in response to your phrase like "Of course, it is impossible to reflect all our advantages in a commercial proposal. Therefore, I am ready to discuss any issues in order to form an offer that will fully satisfy your interests" you will hear: "We already have a supplier with whom we have been working for a long time and which perfectly takes into account all our interests and needs", there is only one conclusion - someone has already bought it. The only way to work here is to continue the dialogue with the same ambiguous phrases.

Andrey Titov, CEO of "Novotech" company: I was at a kickback training with Dmitry Tkachenko. One of the many chips received there and used in the work was a half-joking question to the buyer: "Do you prefer cognac in what form - in liquid or paper?" Of course, this question should be preceded by a conversation "about birds" or a phrase like "I was told a joke yesterday." Works like clockwork!

Alexey Zavyalov, former employee of a pharmaceutical company: An interesting practice of "planting" drugstore managers on the rollback was used by Western pharmaceutical companies at the stage of entering the market. First on any holiday ( New Year, March 8, Medical Worker's Day, etc.) was given a small but quite valuable gift. Then gifts began to be brought "just like that" - once a quarter or after large purchases. At the same time, their cost increased. And finally, "His Majesty's envelope" appeared - of course, with the words that the medical representative simply did not have time to purchase a gift (he was afraid to make a mistake) for Marya Ivanovna and let her get herself what she likes. The next time, the amount in the envelope was already associated with indicators that the manager could influence: the volume of purchases and the absence of overdue receivables. By the way, as far as I know, the pharmaceutical market is the only market where overdue accounts receivable the heads of pharmacies are fined: in this case, they are not given a kickback.

Dmitry Tkachenko: There are several types of buyers. The first of them is a “girl”: a complete lack of experience in this area, ignorance of schemes, etc. The next type is a “woman”: she knows about rollback schemes, takes hints, but sometimes pretends not to understand what in question. A buyer of this type does not make a significant (main) source of income from kickbacks: he may or may not take it. Type "wife". Everything is needed here: money, attention, relationships, and gifts. Usually takes from trusted people. As a rule, if she is satisfied with the current situation, she tries to refuse new applicants in any convenient way.

Finally, the "prostitute" type. She earns on kickbacks, without a kickback, further cooperation with her is simply impossible. She does not need gifts, bouquets, informal relationships - only a rollback.

Vladimir R., industrial equipment sales manager: Over the years of working with rollbacks, I have deduced several simple rules. Never offer (and don’t give) a kickback in the buyer’s office: take him out for lunch, arrange a trip to your company to see the warehouse, etc. On the one hand, this is a guarantee of your safety: the buyer himself may not know about the people standing in his office "bugs" and video cameras. On the other hand, outside the native walls, such issues are discussed more easily. Do not use the word "kickback" in negotiations. Replace it with a "bonus program", "targeted compensation for the efforts of negotiators", etc. When discussing the details of the rollback, say all the nuances: how much, when, who ... There is nothing worse than the deceived expectations of a buyer who received less than he expected, yes also untimely. Get away from cash. Why did mankind come up with WebMoney and Western Union? To make you less nervous. If you are "knitted" when transferring a rollback, stubbornly bend your line: this money is a return of a debt.

Give or take

For many business leaders, the fight against kickbacks comes down to the periodic search for "bastards." But one-time anti-kickback actions are ineffective, and buyers, having waited out the storm, begin to make up for "lost profits."

Roman Bodryakov: As a rule, kickbacks flourish when one person (a hired employee) is responsible for collecting information, initial negotiations with suppliers, making a purchase decision and supporting the transaction, there is no or ineffective control over the actions of the buyer, and the incentive system for employees in the field of procurement is absent or ineffective.

Experts advise a "kickback" organization to conduct provocation-checks of its employees. This is something like the well-known Mystery Shopping - a technology for checking the quality of service.

Anton Khodarev: Once I had to use the provocation method in my practice. We created a legend about the supplier company (we even made a simple website on the Internet), formed product prices, and under the guise of a representative of the supplier, our controller turned to the purchasing department and offered a kickback. One buyer, after a series of contacts, agreed. The buyer, of course, was fired, raising a big internal scandal. After that, the employees of the purchasing department were notified that the management intends to use this method of secret verification in the future.

It is also recommended to reward suppliers for savings on purchases. But at the same time, it is necessary that the marketing department regularly monitor prices on the market, and commodity experts control the quality of the supplied products. Otherwise, the buyer will buy illiquid assets for two kopecks and receive his premium.

Listing of suppliers is also effective. "If suppliers offer and give kickbacks to category managers for entering the network, entering new positions in the assortment matrix, placing products on the shelf in several "faces", then we just need to redirect this cash flow to our cashier" - this is how the top managers of the network decided retail outlets with an eye to Western retail chains. As a result, a system of bonuses for entering and cooperating with the network emerged, which, in addition to minimizing the risks of the retailer when working with the supplier, also made it possible to direct the rollback money of suppliers to increase their own profits.

Roman Bodryakov: A feature of the Russian approach to the system of listing and bonus payments is that some Russian retailers collect this money unofficially, that is, without an agreement to provide additional services on the network. Most often, such payments are made either under contracts under which the network conducts marketing research for the supplier (for example, about how it and related products are sold), or simply in cash that does not come anywhere. Since the supplier company does not receive any additional services for this money, the bonuses turn into the usual cash extortion.

It is also useful to separate the functions of finding suppliers and making a purchase decision.

Victoria Osipova: The easiest way to separate functions is when a procurement specialist, based on the results of interaction with suppliers, prepares a competitive table that indicates the purchased item, supplier prices and delivery terms, and then provides it for decision to the manager or owner.

The price monitoring of the market serves the same purpose. Information about market prices on sold products and purchased goods are summarized in a form convenient for perception, which allows management to evaluate the effectiveness of transactions concluded by the procurement department.

Procurement budgeting is being introduced to manage financial flows and improve the transparency of financial information in the field of procurement, and this is also one of the ways to deal with kickbacks.

Anton Khodarev: In our company, the supply department begins to work according to budgets, which indicate the volume of purchases of a particular product, its cost and sources of financing. Procurement budgets are usually drawn up for a year, and then broken down into tactical - for shorter periods: quarter, month, etc. No transaction can go beyond the established budget. The Treasury makes sure that no payment "accidentally" misses the budget, and pays only what is agreed. Current adjustments to the budget, taking into account the current situation (unscheduled price increases, the need for additional purchases), are made once a month by the budget committee (or top manager).

Holding tenders (competitive bidding) allows not only to choose best deals on the market, but also to minimize the use of kickback schemes by buyers.

Andrey Khramkin, Director of the HSE Public Procurement Institute: AT modern Russia, as in the rest of the world, the most effective measure to combat corruption in public procurement is the use of competitive procedures. Despite the whole range of measures to reduce corruption provided for by law, from time to time there is information about abuses and trials of officials responsible for procurement. There are several reasons, and they are connected not only with the imperfection of the current legislation. The delinquent officials have a number of common symptoms: legal nihilism, legal illiteracy and lack of respect for the state resources entrusted to their management. With the tightening and improvement of procurement legislation, a process of natural selection is observed in the ranks of corrupt officials: the greedy and stupid go to jail.

MAXIM GORBACHEV

PERSONAL EXPERIENCE

It is on these 2% that the buyer lives

For all the years of work as the head of the sales department, I remember most of all the case when the rollback on the transaction amounted to 37 rubles 15 kopecks. It was the purchase of household inventory (mops, buckets, etc.) by the municipal district hospital. The caretaker of the hospital (who personally came to get the goods and kickbacks) was terribly afraid that we would deceive her and not give her a reward. Subsequently, our organization did not have a more devoted client: we regularly spent 30 to 40 minutes removing her fears when she lamented: “Am I too overpriced?” and "Oh, no matter how open!" Thanks to this contact, I developed a line of conduct that works flawlessly with regard to middle-aged and older women working in lower and middle positions: “Well, you all work like that”, “We are not like that - life is like that”, “Take it not for yourself - for children", etc.

Experience has convinced me that kickbacks should be applied only in two cases: when supplying an uncompetitive product at an inflated price and when supplying goods to such organizations that do not buy anything without a kickback - these are the public sector, natural monopolies, etc.

In 2006, I wrote a book about kickbacks. At various events (exhibitions, seminars, conferences), where I popularize it, I have repeatedly observed the curious reaction to the book of major government officials related to procurement. Their first reaction to the book handed to them (on the cover of which is written "Kickback" in large letters): they withdrew their hand, even hid it behind their backs. After the story that the book contains a chapter on the fight against kickbacks, some officials took the book in their hands - and opened the chapter on the kickback technique itself. The most cunning do not take the book into their hands, but then send their subordinates to rewrite its imprint.

You hear a lot in training. funny stories from the actual practice of the participants. For example, a novice seller was taught for a long time about the "ethics" of transferring money. He nodded that he understood everything, and went to transfer this same money. Half an hour later, a crazed client calls his boss, who received money on the threshold of his office, in the presence of people, without an envelope ...

There is a technique that works great when you need to transfer money directly to the buyer's workplace. An envelope with money is attached with a paper clip to the contract and handed over to the payee with the words: "And here is the contract with the annexes." An elegant way to "hide" a pullback, used in markets that work with prices in conventional units, is to "wind up" additional interest. The essence of the method: the invoice must be issued in rubles at the rate of the Central Bank, in practice, the invoice is issued at the rate of the Central Bank plus 2%. It is on these 2% that the buyer lives.

Dmitry Tkachenko

A former colleague came to work today. A very nice person whose work has never caused me any complaints.
She reads this blog and she asked me to talk about purchasing. Or rather, about the reverse, not the most well-known side of procurement. About kickbacks.

Every chain has a purchasing department. These guys find suppliers for their networks and organize the purchase of products. Sometimes they find manufacturers, sometimes outbids. In any case, the supplier wants to earn. He has a product, and it needs to be sold.

An official kickback is when the supplier pays the seller for the "introduction" of his product into the assortment of the network. This is the kickback that the seller requires. And he is ready to demand it up to his own losses. For this reason, there is no bouquet of Chuvashia in Essen. Even they can not afford such a rollback, and Essen at the same time receives less profit from people loyal to these products.

An unofficial rollback is the one that passes through the black box office, from hand to hand. The manager or head of the purchasing department (and in local networks, the director of the network) receives a direct monetary reward. Sometimes it is even required.
Any manager in trade faced a situation when a ton of slag was unloaded into his store, which no one will ever buy without the right to refuse. How does it happen? Yes, very simple. The supplier produced or bought too much crap. Well, they made a zero mistake, or just a fool, it happens. Nobody takes. What to do? That's right, give a bribe to one manager or director, in the amount of, say, 1% of the transaction amount, and that's it.

The manager concludes an agreement, the company pays, and this 1% is returned to the supplier. And the goods are sold online. The fact that the network will not be able to sell it and throw the goods in the trash, the supplier does not care. The network will suffer losses, so what, the money has already been received.
The manager will not even be fired, he will always find an excuse, most likely, they will blame the stores, they say, they do not know how to sell, but the goods are good.

I had such a case when we opened one hyper. The first delivery is not formed by the store. It is completely formed by the so-called "category managers" - these are buyers working with suppliers. they have a small salary, but they all drive expensive foreign cars. So, imagine how much money you can make on a completely controlled purchase in a whole hypermarket? The shelves were just full of merchandise. All refrigerators cracked from the goods. Compressors could not cope with the volumes. The hands of the loaders fell off to unload trucks.
And there was, among others, the purchase of the so-called "delicacy", that is, expensive gourmet meat. Smoked chicken and pork. Tenderloin and other meat from 500 rubles per kilogram. Naturally, it is sold poorly, slowly. And we were brought it dozens of times more than the annual sales in hyper stores that have been operating for a long time. At first it was in the refrigerator. Then the deadlines began to approach him. the head of the section began to ring the bells and demand the opportunity to return the goods to the supplier. The categorists refused. The regional director got involved, he was also ignored. As a result, the deadlines passed and the goods began to rot.
One day we were told that a check from the veterinarian was expected. That is, it was planned to inspect all refrigerators and food processing rooms. And we have a lot of rot in the refrigerator. An emergency decision was made to write it all off and throw away the rot. When the employees started sorting it out... and for write-offs, everything must be recalculated in order to indicate exactly how much and what we write off... it turned out that a little mold on the surface is nothing. Half of the products had already become a home for worms, it was impossible to understand what it was, a solid rotting mass of worms. I even had to throw it away illegally. Such products cannot simply be taken and thrown into the trash. You need a special place, because this is biological waste.
12 containers.
Do you have any idea what 12 containers of rotten meat are?
The company suffered losses of half a million rubles. I just threw this money in black bags into containers.
Employees who had nothing to do with the purchase, but were forced to sort out the rot, quit.
Employees who tried to avoid this and refused to force them to sort out rotten things were fired.
Not a single categorizer received even a fine.

That's what a rollback is.

If you find out that your manager received a souvenir or a gift from the supplier, fire him. He will rob you.
If you are the owner of a local chain of stores - fire the director, he is already robbing you.
If you see that someone is getting kickbacks, inform the management, otherwise they will punish you, as the quietest.

Listen, do not be silent, look at both!

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. Nearly 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 ethical side deeds - recalling common truths. It seems to us that in the business of giving a bribe, demand determines supply. Demand by an employee of a retail company for other people's money, the money of a 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."

A simple market mechanism works: if there is demand, there will be supply. 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 should be taken to combat this evil, we are fighting 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 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, the 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 carefully understand, climb 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 a good person. 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 the general goals of the company. 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, sooner or later the truth becomes known.

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 smart phrases like "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 expendable materials for ***. I VERY well reward buyers. "It is noteworthy that almost 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" are 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. To 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