Illegal deprecation of employees and the possibility of appealing it. The leader constantly deprives the bonus The leader deprived everyone of the bonus due to the fault of one

11.12.2019

1. I work as a deputy, in the middle of the month the boss goes on vacation, I work for him, an inspection came, found comments and drew up a protocol to deprive him of the bonus as a deputy. The question will be deprived for the whole month or for half, because in the other half of the month I worked for the boss?

1.1. According to the order and officials.

2. I work as the head of the gas station and part-time for 10% as a commodity specialist. Due to strict requirements, staff optimization and lack of time, I make mistakes in the work of a merchandiser. At the request to give a merchandiser, I receive a refusal. I am constantly deprived of 100% of the bonus. Does the employer have the right to deprive 100% for part-time work if the amount of deprecation is higher than the amount of the surcharge?

2.1. First, for a more complete answer to your question, you need to know the conditions of your labor relations(employment contract, agreement, etc.). Secondly, according to the norms of labor legislation, bonuses are incentive payments, they are at the discretion of the employer. And so - I repeat: you need to know the provisions of your employment contract.

3. I work as a welder, the boss demanded that I clean the smoking room, clean the trash cans and sweep, this smoking room does not even belong to our company. I was deprived of a bonus of 9,000 rubles for refusing to fulfill an assignment that was not related to my position. What should I do? Can I get this money back?

3.1. Unfortunately, it will be incredibly difficult to return the bonus, the fact is that the bonus is the right of the employer, if you have a provision for bonuses, you can try to return the money through the judicial authorities, since most likely the bonus depends on the results of your work and not on cleaning the premises, but the prospect is doubtful, as for cleaning, this obligation is not established by the employment contract, which means it is forbidden to oblige you to perform work not related to your functions.

4. Good day, I am a military man, I studied at the expense of the Ministry of Defense but did not pass the exam at the State Traffic Safety Inspectorate, can they deprive me of my bonus for this, since the head of the auto service wants to deprive me of my bonus.

4.1. No. it does not involve violations of military service provisions and contract terms.

4.2. Good afternoon! The procedure and grounds for depriving the award should be provided for by the local act of your organization, therefore, in order to answer your question, you need to study the documents of your organization.

5. The boss withdrew the bonus due to personal dislike without an order.

5.1. You have the right to contact the higher management or to complain to the GIT on this fact.

13. My husband is not paid sick leave. In December 2018, he fell and received an industrial injury, but the act was not drawn up. The sick leave was opened as an industrial injury, everything was provided to the organization on February 12. They don't pay anything else. Prizes have been stripped of 100%
What should he do? Now at work the boss is doing everything to make her husband quit!

13.1. It is likely that the order you cited was issued in violation of labor law.
Write a complaint to the GIS to verify this fact.

13.2. In this situation, you need to write a complaint to the labor inspectorate https://onlineinspection. RF, list all violations by the employer of labor law.

13.3. Good day!
Complaints to the labor inspectorate will not give you anything.
An order to deprive a bonus can only be appealed in court.
Only the court can recover the payments due to you.
Under no circumstances should you write a letter of resignation own will, because it will be difficult to recover or recover something from the employer later.
In general, if you want to cancel the order to deprive the bonus, then you need to go to court with a lawsuit.
Contact me on the contacts in the profile, maybe I can help you.

14. I work as a social worker. an employee, due to an unfounded complaint from a client, the boss deprives the monthly bonus and all other bonuses for 1 year. Is it legal?

14.1. Hello site visitor, no, this is illegal.

14.2. Bonuses are regulated by the regulation in your organization, and the procedure for de-bonding should also be regulated by it. But, no matter what is indicated there, one complaint from the client is not enough, here you need to at least request an explanatory note from the employee, conduct a disciplinary investigation and, in case of confirmed violations, issue an order for disciplinary action, which may be the reason.

15. The boss said that he would deprive the bonus for leaving work 10 minutes earlier. But it wasn't. And then in our regulation on bonuses there is a clause that the bonus is paid for performance in labor: issue. Planned production, sales numbers, etc. even if we left earlier, it has nothing to do with our results of work. Is the boss right?

15.1. The payment of incentives is the right of the employer, and not his obligation.

22.5. Employee bonus - the employee's income paid based on the results of his labor activity(Article 191 of the Labor Code of the Russian Federation). The amount and terms of payments are specified in the employee's employment contract or collective agreement.
Therefore, the deprivation of a bonus for someone else's jambs, as in your situation, is a clear violation of labor laws.
Another thing is whether you are ready to fight for your rights. After all, you need to start with a complaint to the labor inspectorate or the prosecutor's office and the law is on your side. However, no one knows how your struggle will turn out for you personally in the future. We do live in Russia. It is possible that there will be pressure on you, and they may even fire you for some reason.
The conclusion is this: the deprivation of bonuses is illegal, but it is up to you to decide whether to start a war or not, taking into account the foregoing.

23. For what sins does a boss have the right to deprive an employee of 13 salaries? Especially if you have already deprived the award?

23.1. There must be a withdrawal order. See orders and regulations on bonuses.

23.2. Good afternoon!

Each organization has a Regulation on remuneration, a provision on bonuses, a collective labor agreement and other local legal acts. You need to look at them - for what sins they can deprive bonuses, 13 salaries, etc. And we cannot know your internal regulations, - art. 8 of the Labor Code of the Russian Federation. And the reason must be indicated in the Order.

24. I am a working pensioner. I wrote an application for leave without pay and gave it to my boss 3 days before the specified start date of the vacation. I did not come to work at the specified time, and the boss did not fill out an application and wanted to fire me for absenteeism. After an unsuccessful attempt at dismissal, I was deprived of a bonus of 100%. Is this legal?

24.1. If leave without pay in accordance with Article 128 of the Labor Code of the Russian Federation was not granted, but did not appear at work, then bringing to disciplinary responsibility (Article 192-193 Labor Code RF) is legal, because You need the consent of your employer to grant leave. Again, it is important to know why you asked for a vacation, because. in article 128 of the Labor Code of the Russian Federation, in some cases there is an employer's obligation to provide it.
Article 128. Leave without saving wages

For working old-age pensioners (by age) - up to 14 calendar days a year;

24.2. In any case, you, as an employee, had to wait for your boss's resolution on the application, since they had no right to leave just like that. Depriving you of the bonus is a completely legal action and the least painless option for you. Since the employer had legal grounds for your dismissal for absenteeism, article 81 of the Labor Code of the Russian Federation. . There is practically no chance to appeal the deprivation of your bonus. Article 8.128 of the Labor Code of the Russian Federation. See your local acts, Regulations on wages and bonuses.

24.3. Bonus conditions are established by local regulations of the employer organization. The deprivation of the bonus is not a type of disciplinary sanction, which are provided for in Art. 193 of the Labor Code of the Russian Federation.

24.4. It is impossible to deprive an employee of a bonus and as a disciplinary sanction - such, according to Art. 192 of the Labor Code of the Russian Federation, only written comments, a reprimand or dismissal of an employee by the employer on appropriate grounds can be made.
I think it's debatable. If not dismissed, then the deprivation of the bonus is illegal.

24.5. Since you were not granted unpaid leave in accordance with Article 128 of the Labor Code of the Russian Federation, and you considered yourself on vacation, the employer had the right to apply to you disciplinary action in the form of an award. Upon acceptance this decision the employer must have evidence of a violation of labor discipline. However, the employer had to follow the procedure for imposing this penalty. In case of violation of the order, you can appeal this moment.

24.6. Hello, the law does not provide for a disciplinary sanction in the form of deprivation of a premium. As a penalty in accordance with Art. 192 of the Labor Code of the Russian Federation apply
For committing a disciplinary offense, that is, non-fulfillment or improper fulfillment by an employee through his fault of the tasks assigned to him job duties, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;

Bonus, as an incentive payment refers to wages (129 of the Labor Code of the Russian Federation)
Salary (remuneration of an employee) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments(surcharges and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).
In this regard, the deprivation of the bonus due to the circumstances indicated by you is not legal.
Good luck to you.

24.7. it illegal for the following reasons:
1 .Because you are working pensioner old age, then in accordance with Art. 128 of the Labor Code of the Russian Federation, employer must grant you unpaid leave up to 14 days a year based on your written request. No resolution to wait-the law does not provide!
2. That is, your right to leave in this case does not depend at the discretion of the employer.
3. The Supreme Court of the Russian Federation considered this situation back in 2004 (subparagraph "e" of paragraph 39 of the Decree of the Plenum Supreme Court RF dated March 17, 2004 No. 2)
is not a walk the employee's use of rest days if the employer in violation statutory obligation refused in their provision and the time the employee uses such days independent of the discretion of the employer
Thus, since your vacation entitlement did not depend on the will of the employer, and the employer, in violation of the law (with what, the rudest!) did not issue you a vacation, then your going on vacation cannot be considered a walk.
Therefore, the deprivation of the award on this basis - illegal, and you should file a complaint with the State Labor Inspectorate.

24.8. Hello, dear Sergey!
Firstly, any statements addressed to the head of the organization must always be drawn up in 2 copies. and send 1 copy. against signature on the 2nd copy, so that, just in case, there is written evidence of this action (in court, as this will be important written evidence).
Secondly, according to Article 128 of the Labor Code of the Russian Federation (briefly - the Labor Code of the Russian Federation), upon a written application of a working old-age pensioner (by age), the employer is OBLIGED to provide leave without pay for up to 14 calendar days a year.
Thus, if you have written evidence in your hands that you have submitted an application to the management of the organization for granting you leave without pay, then feel free to appeal against the deprivation of your bonus in the manner prescribed by the Labor Code of the Russian Federation.
Any organization has a Regulation on bonuses for employees, which indicates the source of bonuses, the amount and conditions for bonuses to employees, the grounds and procedure for depriving bonuses.
Read this Regulation on bonuses and decide what to do.
Good luck to you.

24.9. The employer's actions are illegal, because the employer is obliged to provide unpaid leave to working old-age (age) pensioners, on the basis of a written application from the employee, up to 14 calendar days a year. There must also be grounds for deprivation of the award.
"Labor Code Russian Federation"of December 30, 2001 N 197-FZ (as amended on October 11, 2018)
. Leave without pay

For family reasons and others good reasons an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:
participants of the Great Patriotic War- up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days a year;
parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury received in the performance of military service (service), or as a result of a disease associated with military service (service) - up to 14 calendar days a year ;
(as amended by Federal Laws No. 157-FZ of 02.07.2013, No. 305-FZ of 03.07.2016)

working disabled people - up to 60 calendar days a year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;
in other cases provided for by this Code, other federal laws or collective agreement.

25. I am in / serving. My boss deprives me of bonuses monthly and quarterly, does he have the right to this and where to complain.

25.1. You should have on hand your copy of the contract, which specifies the conditions for accrual and payment of bonuses. If bonuses are not specified in the contract, most likely they are paid on the basis of some internal act, such as the Bonus Regulations. Ask your boss for this position for review. If on all counts you should be paid a bonus, but they are not paid, contact the military court. To get started, write a report with claims, and then appeal the denial in court (if they continue to refuse to pay bonuses).

34. The boss withdrew the bonus without informing without orders and notifications. Is it legal?

34.1. Hello,
Yes, it might be perfectly legal.
To say for sure, you need to read the bonus regulations in force in this organization.
In many cases, the bonus is paid by the employer voluntarily, at its discretion.
I wish you good luck and all the best!

34.2. Irina, hello.
In most cases, there are no legal grounds for depriving an employee of a bonus, or the deprivation procedure is violated. It will be possible to analyze exactly your case if there is a local regulatory act of the employer that regulates bonus issues. In any case, you have the right to file a complaint with the labor inspectorate, during the consideration of which Required documents employer and checked.

35. I System Administrator and my position is not in the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85. Due to the fact that I do not want to be a financially responsible person, the boss threatens to deprive me of the bonus. Is it legal? What am I supposed to do?

35.1. Good afternoon!
No, it is illegal if the provisions on bonuses for you as an employee were spelled out in the employment contract concluded with you. If the deprivation of your bonus entails a violation of the employment contract, you can apply for the protection of your rights to the labor inspectorate or to the court.
The employer cannot require you to sign an agreement on full or partial liability, since your position is really not on the list of financially responsible positions. In addition, even hypothetically, the very fact of such signing does not give the employer the right to subsequently demand any compensation for damage, as with mat. responsible employee, as evidenced by the current arbitrage practice, for example, the appeal ruling of the Moscow City Court dated 12/16/2013 in case N 11-38250.

I have a disabled child and I take days to care for the child and warned the master verbally about the use of one work shift on April 20 of this year, but did not document it, the boss put me on absenteeism and deprived me of the bonus for April by 50 cents, I wrote explanatory that he did not have time to issue, the question is whether the deprivation of the award is legal. Read answers (1)

36. At work, I was deprived of the bonus by 100%, there were no absenteeism or reprimands on my part. I work as a Procurement Specialist. Orally, the management gave an explanation that they were deprived of bonuses, because. no orders from the company. The entire department was deprived of bonuses, except for the head of the department. There are three purchasing specialists in the department who are not related to production. Is it legal?

36.1. The accrual of a bonus is an NOT OBLIGATORY form of material incentives and is accrued at the request of the employer and the results of work ... (unless otherwise provided in the Employment Agreement)

36.2. Hello, Evgenia Evgenievna!

The deprivation of the bonus cannot be a disciplinary measure, because. according to Article 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal on appropriate grounds.

I can assume that the payment of a bonus in your organization may depend on successful financial and economic indicators.

36.3. Hello dear site visitor,
you need to look at the Regulations on bonuses and your employment contract, if your rights are violated, you can contact the labor inspectorate.

37. I am being deprived of the bonus by the head of the shop; it is not lawful, what should I do?

37.1. Good afternoon!
It's so hard to say here. Need to know the inside local document Your company about material incentives for employees. If you think that your rights have been violated, you can apply with a corresponding appeal to the State Labor Inspectorate (in the event that you are ready that conflicts will begin with the management at work).

38. The husband is deprived of the bonus for the second month 100%, I want to call his boss, is it worth it?

38.1. You shouldn't. The fact is that at the enterprise where your husband works, a provision on bonuses must be approved, which fixes all the conditions for calculating the bonus, as well as cases and conditions when such a bonus is not charged. I advise your husband to contact the employer and familiarize himself with this Regulation. If, according to this document, he was illegally deprived of the bonus, then you can contact the labor inspectorate, the prosecutor's office or the court.

38.2. There is no meaning. Calling won't change anything. Moreover, you can only worsen the situation Deprive once again.

39. The head, without an order and reason, deprived the bonus by 100%, how can you appeal.

39.1. AT judicial order can be disputed.
Code of Civil Procedure of the Russian Federation Article 131. Form and content of the statement of claim

1. The statement of claim shall be submitted to the court in writing.
2. The statement of claim must contain:
1) the name of the court to which the application is submitted;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;
4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim;
5) the circumstances on which the plaintiff bases his claims and the evidence confirming these circumstances;
6) the value of the claim, if it is subject to evaluation, as well as the calculation of the sums of money recovered or disputed;
7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties;
8) a list of documents attached to the application.
The application may include phone numbers, fax numbers, addresses Email the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.
3. In the statement of claim presented by the prosecutor in defense of the interests of the Russian Federation, the constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons, it must be indicated what exactly their interests are, what right is violated, and there must also be a reference to the law or other regulatory legal act providing for ways to protect these interests.
If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself or an indication of the citizen's appeal to the prosecutor.
(as amended by Federal Law No. 43-FZ of April 5, 2009)
(see text in previous edition)
4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.
The statement of claim, filed by filling out a form posted on the official website of the court in the information and telecommunications network "Internet", containing a petition for securing a claim, is signed by an enhanced qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.
(paragraph introduced by Federal Law No. 220-FZ of June 23, 2016)

39.2. . The procedure for applying disciplinary sanctions
Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.
The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction may be applied.
The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.
A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.
file a complaint with the State Labor Inspectorate.

39.3. The bonus is issued at the discretion of the employer, this is his right, not an obligation. There is nothing to appeal, since there is no document. And there is no point either, because the order will be made retroactively and that's it.

39.4. Good day to you. You have every right to challenge in court. File a claim. I wish you good luck in resolving your issue.

40. The boss often deprives employees of bonuses, how can this be stopped?

40.1. If the local act on bonuses to employees is violated, then you need to contact the labor inspectorate to check the actions of the employer.

40.2. If the bonus is not provided for by the employment contract or other local acts, you cannot “cut” anything: the bonus is issued at the discretion of the employer, if it is prescribed, write a complaint to the State. labor inspectorate
Labor Code of the Russian Federation, Article 135. Establishment of wages
The salary of an employee is established by an employment contract in accordance with the this employer wage systems.
Wage systems, including rates tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and allowances of a stimulating nature and bonus systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

Mikhailovsky Yuri Iosifovich(05/19/2014 at 10:50:03)

Good afternoon! No, a skirmish is not a reason, but I don’t know what the employer will come up with, if this happens, then you can apply with Applications to the State Labor Inspectorate of the city of Rybinsk, the Prosecutor’s Office and (3 copies are not subject to state duty). You can refer to documents, testimonies. Article 237 of the Russian Federation. caused to the employee, caused to the employee by unlawful actions or inaction of the employer, is compensated to the employee in cash in the amount determined by agreement of the parties. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation. Article 391 of the Labor Code of the Russian Federation. Consideration of individual in courts Individual labor disputes are considered in the courts at the request of the employee, employer or trade union protecting the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as upon application prosecutor, if the decision of the commission on labor disputes does not comply with other acts containing norms. Directly in the courts, individual labor disputes are considered on the basis of applications: an employee - regardless of the grounds for terminating the employment contract, changing the date and wording of the reason for dismissal, transferring to another job, paying for the time of forced absenteeism, or paying the difference in the time for performing lower-paid work , on unlawful actions (inaction) of the employer in the processing and protection of the employee's personal data; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided. Individual labor disputes are also considered directly in the courts: about; persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations; individuals who believe they have been discriminated against. Article 392 of the Labor Code of the Russian Federation. Terms for resolving an individual labor dispute An employee has the right to apply to the court for resolving an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and for disputes about dismissal - within one month from the date of delivery to him copies either from the date of issue. The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. If, for valid reasons, the deadlines established by the first and second parts of this article are missed, they may be restored by the court. Article 393 of the Labor Code of the Russian Federation. Exemption of employees from When filing a lawsuit with a claim arising from, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs.

The bonus is a material incentive for employees for conscientious performance of duties. Employees perceive the bonus as part of their salary, although this is a variable value and in some cases it may not be received. The deprivation of a bonus always raises many questions from the employee to the employer. Consider what deprecation is and how legal it is.

Deprecation - what the law tells us

Bonus deduction is the non-payment of a bonus or part of it. But the Labor Code prohibits deductions from wages, except in specially stipulated cases. It should be noted here that the bonus is a variable part of the employee's payments. And in case of violation of his duties, the bonus is not withheld from wages, but simply not accrued or accrued partially. It is impossible to arbitrarily deprive an employee of an employee's bonus. The terms of payment should be spelled out in the local acts of the organization.

To determine whether the deprivation of the bonus is a disciplinary sanction or not, we will be helped by an appeal to the Labor Code of the Russian Federation. Article 192 of the Labor Code of the Russian Federation refers to the following disciplinary punishments: reprimand, remark and dismissal on appropriate grounds. General rule establishes that an employer cannot impose double punishment on an employee for the same offense. Deprivation of an employee's bonus under the Labor Code of the Russian Federation is not provided for and is the result of a disciplinary sanction. Therefore, reprimand and deprivation of the bonus at the same time are not double punishment.

Grounds for paying the premium

Advantages of bonus deduction

In addition to the obvious disadvantages of depriving a bonus, deprivation of bonuses also has its advantages:

Improves labor discipline;
Increases the responsibility of both employees and management;
Allows you to highlight those employees who really deserve the award.

The conditions for receiving the bonus are fixed by the internal act of the company, these can be:

labor contract,
collective agreement,
regulation on employee bonuses,
salary clause.

The bonus criteria are prescribed very clearly, the employee gets acquainted with them against signature. The grounds for the payment of the premium may be:

Absence of penalties in the accounting period (month, quarter, half year, year).
Fulfillment of planned targets.
Overfulfilling the norm.
No delays.
Fulfillment of obligations stipulated by the employment contract.

If the local regulatory act does not indicate that the bonus is not paid, for example, in the event of a reprimand, then this will be an illegal deprivation of the bonus.

The procedure for accrual and deprivation of bonuses

Non-payment of the premium must be documented. A memo is written to deprive the award. The sample is not provided for by law, so it is enough to indicate the basic details:

In whose name the note is written, it is usually the head of the organization.
From whom - position, surname, name, patronymic.
The position and surname of the employee who is deprived of the bonus.
Grounds for depriving the employee of the bonus: failure to meet the indicators, if there is a disciplinary sanction, you must indicate the number and date of the order.

On the basis of the note, an order is issued on non-payment of the premium or partial payment. There is no statutory provision for such an order. It is necessary to pay attention to how the order is issued, it should not look like a penalty.

Illegal deprivation of bonus

The rules for calculating the bonus should be spelled out in the local acts of the employer. Employees of the organization get acquainted with the working conditions and wages upon employment against signature.

The following items are indicated:

Basis for the award.
Payment procedure and amount.
Positions of employees who are eligible for bonuses.
Conditions for reducing or not paying bonuses, for which you can deprive an employee of a bonus.

Need to know

Since the bonus is equal in value to the salary, it is also involved in the calculation of the average daily earnings of the employee. This is of great importance when calculating sick leave and vacation pay. Read more about whether bonuses are included in the calculation of vacation pay.

You can not withhold the already accrued bonus from wages. Deduction of bonuses for employees The Labor Code of the Russian Federation does not include in the list of legal grounds for the production of deductions.

How to appeal an illegal deduction

Consider how to challenge the deprivation of the award. The employee has the right to apply to the Labor Inspectorate (you will find how to write a complaint to the Labor Inspectorate) or to the judicial authorities with a claim against the employer if he believes that the deduction was made illegally. Upon the fact of the application, the Labor Inspectorate checks for compliance with the law of the deductions made. First of all, the presence of grounds and the correctness of the documentation of the violation are verified.

Note: the employer may not deprive the bonus, but pay it in a smaller amount. This is true when the bonus is calculated in proportion to the hours worked. For example, the organization provides for the payment of quarterly bonuses, but if the employee actually worked only 1 or 2 full months, it will be recalculated accordingly.

The court must present evidence of the illegality of the deprivation of the award. For this, it is necessary that the employer provide documents related to the calculation of bonus payments. These may include copies of documents such as:

labor contract,
award clause,
salary regulation,
collective agreement,
memorandum for the deprivation of the award,
order for the accrual and deduction of bonuses,
disciplinary order,
explanatory notes of the employee.

Copies of documents related to work, the employer is obliged to issue to the employee at his request within 3 working days.

The following video discusses the question of what bonus deduction can be considered illegal and how to defend your rights to legal wages

Employer's responsibility

Illegal deduction of bonuses for employees entails administrative liability of the employer for violation of the Labor Code. This violation falls under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. It entails the imposition of a fine from 1000 to 5000 on the guilty official or individual entrepreneur. From 30,000 to 50,000 rubles per organization. In case of repeated violation, fines increase from 10,000 to 20,000 rubles for officials and from 50,000 to 70,000 rubles for an organization.

The head of the organization may be disqualified for up to 3 years.

The employee is paid an undercharged bonus and compensation for its delay in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation.

Arbitrage practice

Citizen A. resigned from the organization in early December. In this organization, local regulations established that the annual bonus is paid at the end of the calendar year. The premium to citizen A. was never paid.

Do you have any questions? Ask them in the comments to the article

Bonus deprivation is a milder punishment, and the decision on this type of sanctions is made by the employer. In any case, the actions of the leader are considered justified in the face of the law only if there is an act of violation signed by the persons who were present when it was drawn up. Reduction or elimination of an irregular bonus This type of material incentive is paid to employees when they have met certain conditions, for example, a production plan a certain amount products. At the same time, both an individual employee and a whole team can be awarded. The size of the bonus is determined by the manager after analyzing the completed task. At the same time, the material remuneration specified in the contract for the fulfillment of specific conditions must be paid if all the requirements have been met.

How is the bonus deduction for employees in 2 examples. reasons, design

Code of Administrative Offenses of the Russian Federation Example #1. Lawful deduction of employee bonuses Vasilek LLC pays bonuses to its employees at the end of each month. According to local regulations, incentive bonuses are received by employees who fully fulfill individual and production plan and also do not violate labor discipline.

According to the results of October, all employees received bonuses, except for A. V. Petrov. The reason for the deprivation of encouragement for October was his failure to fulfill his individual and production plan.

Attention

The deduction was applied legally. Thus, failure to comply with at least one condition for the payment of a bonus entails its deprivation. And this case is no exception. Despite the fact that disciplinary sanctions against A.

There is no V. Petrov, he was not given the award, since the other conditions prescribed in the local acts were not met. Example #2. Illegal deduction of employee N.
M.

An order to deprive an employee of an employee's bonus for failure to perform official duties

The employer can not accrue bonuses, not issue an order only when the procedure for bonuses is not specified in the employment contract, local acts. Question number 3: Can an employer reprimand an employee and deprive him of his bonus at the same time? By law (Art.
193 of the Labor Code of the Russian Federation), the head for one violation has the right to apply one type of penalty: reprimand, remark or dismissal. It is not allowed to issue an order to deprive the award and reprimand immediately.
But the employer has the right to apply such a penalty and at the same time not charge a premium, if this moment is enshrined in internal regulations. Question number 4: What threatens official, which, upon deprivation of the award, repeatedly violates labor law? A fine of 5,000 rubles.
or disqualification for 1-3 years (Art. 5.27 of the Code of Administrative Offenses of the Russian Federation). Moreover, even if the bonus was deprived through no fault of the employer, according to Art.

Illegal de-bonus of employees and the possibility of appealing it

Documentation of sanctions Like all the nuances of labor relations relating to financial resources, the accrual or deprivation of bonuses is strictly regulated by the relevant documents. Bonuses and bonus deductions become an obligatory part of an employment or collective agreement.
The procedure and reasons for accruing allowances, as well as cases when they can be withdrawn, should be explained in detail to applicants. In practice, many enterprises consider it rational to use a table, individually developed taking into account the specifics of the company's activities, which indicates examples of bonus deductions (type of misconduct or disciplinary violation and the amount of the sanction).

This document must be provided to all employees, who must read and sign it as a sign that they are familiar with and agree to the terms. In addition, the table is placed on the information stand in all divisions of the company.

The procedure for depriving bonuses for failure to fulfill duties, failure to comply with discipline

The order contains the following data:

Name of the organization (full and abbreviated).
Name of the document (order on deprivation of bonuses).
Date of issue of the order.
Order number.
Descriptive part. It states that an employee or several employees are deprived of a bonus for failure to fulfill the duties stipulated by an employment contract or job description.
Link to internal document organizations (for example, the Regulations on Bonuses), which provide for the possibility of depriving a bonus on the basis in question.
The word "I order" (usually placed in the center of the document).
The list of actions for which the order is issued, in particular: “deprive the bonus”, “familiarize the employee with the order”, “entrust execution to a specific employee”.
Signature and position of the head (gen.

Deprivation of an employee of the bonus for the Labor Code of the Russian Federation

The legality of such conditions is confirmed by the practice of the courts, for example, the appeal ruling of the Judicial Collegium for Civil Cases of Sverdlovsky regional court dated 01.11.2016 No. 33-19387/2016. If the internal acts of the company or the employment contract with the employee do not establish the possibility of deprivation of bonuses due to failure to perform official duties, then the deprivation of bonuses on this basis is illegal.
All of the above also applies to the procedure for depriving bonuses for violation of labor discipline by an employee. Read more about this in the article: Is the deprivation of the award a disciplinary sanction? How to draw up an order for the deprivation of bonuses for the fact that the employee did not comply official duties? The deprivation of the bonus for any reason is made on the basis of the order of the employer. It can be in any form.

Deprivation of an employee's bonus for the Labor Code of the Russian Federation

The document should include:

“cap” (indicate the full name and position of the addressee, i.e. to whom it is written);
title, date of writing, serial number;
main text (information, proposal, application);
at the end - the position of the compiler, his signature with a transcript (indication of full name).

A memo is not a basis for the application of punishments (penalties). According to the law (Labor Code, RF, Art. 193), the employer must demand an explanation from the employee. If there is no explanation from the employee within 2 days, this will not become an obstacle to the cancellation (non-application) of the punishment and an act will be drawn up. Similar actions are carried out upon deprivation of the premium. The order of the head on the deprecation of bonuses The order is the official order of the employer in this case about the non-accrual of bonuses.

Bonus cancellation is ... bonuses and bonus deductions for employees

However, the court did not satisfy the claims. According to the rules of the internal work schedule, the bonus at the end of the month is paid under the simultaneous presence of 3 conditions:

implementation of the production plan;
absence of facts of violation of labor discipline;
implementation of an individual work plan.

R., indeed, had no disorders; however, he did not fulfill the production plan, which led to the non-accrual of the bonus, that is, the de-bonding. S. resigned from OOO Tsvetnoe detstvo in December. In accordance with the conditions prescribed in local acts, employees of the organization receive a one-time bonus at the end of the calendar year. Naturally, S. did not receive this payment. The prosecutor defended his interests. The claims were satisfied in full.

Deprivation of bonus under the labor code

The provision on bonuses to LLC states that for high performance in work, employees are awarded a one-time bonus by decision of the commission. There are no conditions that employees who quit before the end of the year are subject to bonus deductions. The terms of K.'s service contract stipulated that he was entitled to a bonus for performing particularly important tasks. During the entire period of work, the bonus was not accrued.

Info

The only basis indicated by the legislator for depriving a civil servant of bonuses is the existence of a disciplinary sanction. K. didn't have one. The court granted K.

about his awards.

M. did not agree with the amount of the annual bonus paid to him (5% of the salary) and filed a lawsuit. As follows from the terms of M.'s employment contract, he was given an official salary.

There is no premium in the contract.

Online journal for an accountant

In the future, the document itself must be necessarily registered in the appropriate way in the document circulation journal. This is strictly required. Failure to comply with this condition may attract undue attention from regulatory authorities. In itself, the deprecation is a rather serious precedent. Therefore, you should not use this measure of influence on subordinates too often.
Sample order. Is it possible to challenge Today the issue of contesting some decisions of the leadership through the labor inspectorate or the court is particularly acute. Especially when it comes to payouts. Money. At the moment, it is possible to challenge the deduction of bonuses only if the very fact of paying the bonus is specified in the current employment contract.

Hello!

In accordance with Article 192 and Article 193 of the Labor Code of the Russian Federation For committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3 ) dismissal on appropriate grounds. Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) for certain categories employees may also be provided for other disciplinary sanctions. Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7 or 8 of the first part of Article 81 of this Code in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws statutes and regulations on discipline. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee’s failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. , as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings. For each disciplinary offense, only one disciplinary sanction may be applied. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

T o yes, if you think that the disciplinary sanction was applied unreasonably, thenYou have the right to appeal the actions of the employer to the Labor Inspectorate

To do this, you should file a complaint with the Labor Commission, which has the right to issue instructions and hold employers accountable.

I can provide the service of filing a complaint, as well as advise on the successful resolution of the issue.

Sincerely, F. Tamara