An employee's good work is stimulated by an additional salary bonus. However, there may be cases when the head of the company decides to deprive an employee of his bonus. The grounds for such a management decision are outlined in the Labor Code of the Russian Federation. These data can be designated by an accountant if there is no provision for her appointment. The deduction of bonuses to an employee is formalized by an order, a sample of which can be downloaded in the article below.
What can you deprive of a bonus for:
Deprivation is possible if it is enshrined in a collective agreement or other internal act of the company, with which the employee is familiar. The Labor Code of the Russian Federation does not contain any legal grounds for deprivation of a bonus.
Important! If an employee is deprived of an incentive payment without legal grounds, the legislation provides for serious liability for the employer for violation of the law.
What is a bonus?
Employee incentive bonus, which is paid to the employee simultaneously with wages or separately, is called a premium. Additional payments for good job may be one-time or systematic. The basis for calculating a wage premium is the fulfillment or non-fulfillment by employees of their duties and work plan.
Deprivation of bonuses occurs when an employee commits a disciplinary offense. The employee loses the bonus in whole or in part. Deprivation of incentive payment is a measure for failure to comply with internal labor regulations or failure to fulfill official duties. The reasons for refusal to pay bonuses are reflected in the internal regulations of the organization or the provisions on its accrual to the employees of the enterprise.
Regulatory framework
The Labor Code does not provide for the procedure for depriving an employee of a bonus, since in accordance with the law there are only three possible punishments for violation of labor discipline (they are indicated in Article 192 - warning, reprimand or dismissal).
There is no unified form of order in the regulatory framework. It indicates the basic provisions that are necessary for calculating the bonus, and also describes possible actions, which will entail depreciation. There must be a reference to legislative acts.
The order is drawn up in two copies: one remains in the company’s archives, the second is given to the employee.
Samples of an order for deprivation of incentive payments:
Reasons for depreciation
The reasons for non-payment of bonus to an employee may vary.
If incentive payments are paid on a systematic basis, the basis for accrual or deprivation will be the employment agreement between the employee and the employer. The bonus is transferred simultaneously with the salary; no additional documents are required.
If an employee is deprived of a bonus, there must be a fact of violation of labor discipline standards by the subordinate. This occurs when:
A bonus is an amount of money that an employer pays to an employee as an addition to his salary as an incentive for him to achieve established indicators and conditions. The procedure for paying bonuses is established internally normative act, which may also stipulate the conditions under which an employee’s bonus can be deprived.
The award can be expressed in two forms:
An order to deprive an employee of a bonus is not required only if the internal regulations define all the grounds for deprivation of the bonus and the amount of its reduction in each case, and the employee’s signature confirming that he/she has read this act.
In what form should I issue an order not to accrue bonuses? The sample of this document is not officially approved, so it can be made in free form. It must contain the following data and details:
Pay attention! In the text of the order, it would be more correct to write that the employee is “not awarded a bonus” rather than “deprived of a bonus.” This follows from labor legislation, which allows an employee to be rewarded with a bonus, but does not say anything that deprivation of this payment can be used as a punishment.
The Labor Code of the Russian Federation clearly states that two punishments cannot be applied for the same offense. In this regard, the question arises: is it possible to deprive an employee of a bonus at the same time as imposing a reprimand or reprimand?
Labor legislation contains an exhaustive list of disciplinary punishments that can be applied to an employee; deprivation of bonuses (deprivation of bonuses) is not among them.
Accordingly, it is possible to simultaneously punish the employee by issuing a disciplinary penalty and not accruing a bonus. Moreover, it is possible to stipulate in the Regulations on Remuneration a condition that the presence of a reprimand or reprimand may be grounds for non-payment of bonuses for a certain time (usually until the expiration date or until the punishment is lifted).
In this case, either two separate orders are made, or in one order they impose a penalty and indicate that on this basis the employee will not be awarded a bonus.
At the same time, in each case, it is necessary to take into account the proportionality of the degree of the employee’s misconduct and the amount of the bonus that he is deprived of, otherwise he may well challenge the employer’s decision in court.
An order to deprive a bonus is issued if the bonus is specified in employment contract employee and is part of his remuneration. In the order, it is advisable not to use the term “deprivation of a bonus”, but to give an order that the employee should not be awarded a bonus.
IN labor process There are situations when it is necessary to deprive an employee of a bonus for violation organizational process and discipline. According to the employer, the employer cannot impose on the employee material penalties, with the exception of cases that provide for the issuance of a reprimand.
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The legislation stipulates possible lawful actions of employers when depriving an employee of bonuses.
The employer can encourage employees with additional material payments in the form of one-time or monthly bonuses, bonuses for labor achievements and overfulfilled work volumes of the Labor Code of the Russian Federation.
Important: If an employer unlawfully deprives an employee of a bonus, he can file an application with the commission for resolving labor disputes or with a trade union.
If the employer refuses to comply with the instructions of authorized organizations, the case is referred to the court.
The legislation provides for the creation of internal labor regulations at the enterprise; each employee undertakes to adhere to disciplinary requirements and his direct responsibilities, which is prescribed in the employment contract of the Labor Code of the Russian Federation.
If an employee does not perform direct duties or systematically violates the terms of the employment agreement, in this case there are several legal grounds for depriving the employee of bonuses:
Important: The employer does not have the right to impose disciplinary sanctions not provided for current legislation.
Procedure for filing a disciplinary sanction:
Important: If the employee is on vacation or ill at the time the order was drawn up, the period for filing a disciplinary sanction may be extended, but not more than six months from the date of the violation.
In essence, the bonus is paid for the work done, which is stipulated in the employment agreement between the employee and the employer.
The Labor Code of the Russian Federation protects the rights of employees and does not provide for the possibility for the employer to impose material penalties.
But a bonus is a special type of income and it is not the main salary, therefore, in case of non-fulfillment of agreements or poor quality work done, the employer has the right not to provide bonuses to employees.
One of the most effective ways To protect the employer from poorly performed work or violation of discipline, is to introduce separate clauses of the employment contract, which will provide for the deprivation of bonuses, these could be:
When depriving an employee of bonuses, the employer can rely on the Labor Code of the Russian Federation, which allows the employer to partially pay for poorly performed work.
Important: If an employee is deprived of a bonus, it is necessary to draw up a disciplinary sanction order, which will specify the reason for the measures taken. The employer should include disciplinary measures in the order.
An order for deprivation must be drawn up by the head of the organization as a result of a violation by an employee labor order performing professional duties.
The legislation does not provide for the form of drawing up an order to deprive employees of bonus payments.
As when assigning a bonus, the document must contain the reason why management decided to take disciplinary action against the employee. The premium may be written off in whole or in part depending on the extent of the violation.
The document must be signed by the parties (manager and employee). If an employee refuses to sign an order, a separate act of refusal to become familiar with the reasons for the disciplinary sanction is drawn up.
Important: To deprive an employee of bonus payments, there must be compelling reasons, such as systematic absenteeism, causing material damage. Being 10 minutes late cannot be grounds for financial penalties.
The legislation provides for disciplinary measures for violation of labor discipline of the Labor Code of the Russian Federation:
Procedure for drawing up an order:
Important: If, in the event of a violation of labor regulations, there was a failure in the general operation of the enterprise or the actions of an employee led to an accident, then the employer can use the services of independent experts who will conduct an analysis.
Based on the expert opinion, charges may be brought against the employee, and the case is referred to the court for consideration.
In such a situation, it is better to issue two separate documents.
First of all, it is necessary to draw up documents to reprimand the employee, to which is attached the employee’s explanatory note and the reasons for the disciplinary measures:
Deprivation of a bonus must be formalized by a separate order, but it is worth remembering that the withdrawal of a bonus or partial reduction must be stipulated in the employment agreement between the employee and the employer, which provides for such disciplinary action.
Otherwise, such an order will not have legal force and the employee can easily appeal it in court and win the case.
The employer has the right to take disciplinary action for one employee’s misconduct, only once.
An order to deprive a bonus must be drawn up within a month after the employee violates the work schedule, with the exception of cases when the employee is on vacation or sick.
The maximum period for imposing disciplinary measures cannot exceed six months from the date of commission of the offense.
The employer undertakes to inform the employee about the deprivation of the bonus within three days after drawing up the order.
An employee has the right not to sign a document if he considers the employer’s actions to be unlawful and to challenge his decision in court.
The legislation does not provide for the form of drawing up an order for the deprivation of bonuses, since, in fact, the employer does not have the right to impose material penalties on the employee.
But it is worth taking into account the fact that bonuses are awarded to employees at the initiative of the employer, and the bonus is not the main method of remuneration, therefore the deprivation of a bonus is better formulated as “Not accruing a bonus”, in this case the employer must document the reason for the disciplinary sanction.
If you do not write the order in the proper form, there is always the possibility of legal action. In this case, the employee can easily prove the employer’s unlawful actions, so to be on the safe side, it is better to draw up the necessary document.
Important: Deprivation of a bonus is the basis for the employee to apply to the trade union or court; as a rule, it is very difficult for the employer to prove that he is right, so the availability of documentation always becomes a decisive factor.
The legislation of the Russian Federation provides for situations that can be easily resolved through a peaceful agreement, but the causes of labor disputes always remain.
Remuneration of employees of organizations is regulated using awards. It also motivates the work team to improve the efficiency of their own work. Often, business managers deprive employees of bonuses. In this case, it is important to comply with the formalization of these transactions within the framework of labor legislation.
Possible deprivation of an employee's bonus may be due to a delay of five minutes, untimely submission of an accounting report for the quarter or year, or violation of discipline. The employer accrues this payment if possible financial capital enterprises.
The law prohibits the heads of organizations from denying employees a bonus when the employment contract specifies its amount along with the salary and there are no restrictions regarding the deprivation of this payment.
Bonus payments are onefromways encourage the employee, but removing them is not a disciplinary sanction. In accordance with the Labor Code, such punishment may include reprimands, remarks and dismissals.
Business managers have legal basis encourage subordinates with additional payments to their wages, but have the right not to do this.
Refusal to accrue bonuses must be supported by relevant documents in the form of local acts that indicate its reasons.
The grounds for non-accrued bonus incentives may be:
Not transferring a bonus to an employee means applying it to him additional way of influence, as a disciplinary punishment in the form of a reprimand or reprimand.
The subordinate loses his bonus within a month from the date of the violation. This offense must be documented by an order signed and reviewed by the employee.
An employee has the right to contact judiciary for appealing such punishment, but no later than90 days from the moment the order is issued.
If subordinates fail to fulfill the instructions of the manager, according to the employment contract, they will NotMaybepunishment will be applied, due to deprivation of the bonus. This is a disciplinary sanction not taken into account by law.
To cancel or reduce the amount of the bonus, you must confirmation by local regulatory documents. They should include procedures for calculating the amount of additional payment, the procedure for calculating, and options for depreciation.
Otherwise, the employer’s refusal to accrue bonuses due to failure to comply official duties is not legal.
An employer may refuse to accrue bonuses to an employee due to their non-compliance work discipline . Such a basis must be confirmed memorandum from the head of the organization.
At the same time, the local act states that bonus payments are not provided to employees with an existing disciplinary sanction. General manager on one's own determines the reasons for depriving employees of bonuses.
When drawing up an order according to which bonuses are not paid, the employer it is necessary to list the reasons of this decision. He notes the violations committed by the employee, which is why he cancels the monetary bonus. An order or instruction is created in accordance with legislative norms and the necessary details.
The memo reflects the employee’s violation, due to which he will lose his bonus. It is compiled by the immediate supervisor of the official.
The boss passes the note general director, making the decision to draw up a depreciation order. The form and content of the memo can be anything, legislation does not require a specific. The main thing is that it indicates the reasons for deprivation of the award, to whom and from whom the document is sent, dated and signed.
When employee bonuses are not accrued or their amount is reduced, this is called deprivation of bonuses. The employee can send a rebuttal to the judicial authorities for90 days from the time of receipt of the order to deprive of such payment.
The court will need to present the order or indicate the facts of its preparation. The actions of the head of the organization should be aimed at proving the reason for deprivation of the bonus: whether this decision is related to a disciplinary violation or unfulfilled duties.
Deduction of bonuses, in accordance with legislative norms, cannot be applied upon expiration of the due date. The employer has no right not to transfer the full salary, which includes a bonus, to the employee.
Along with the order, the subordinate must provide evidence to the judicial authority confirming the grounds for failure to fulfill work duties or labor discipline. The package of documents for challenging a decision on depreciation must consist of:
The bailiff identifies the nature of the actions, whether the employee planned them specifically, intentionally or for other reasons. Poor health of the employee, not confirmed by a certificate from medical organization, because of which he did not go to work, is not a reason to challenge the deprivation of bonuses.
For illegal deprivation of a bonus to a subordinate director of an enterprise, punishment is provided in the form of penalties, which are regulated by the Code of Administrative Offenses Russian Federation. The amount of penalties is for:
According to the law, penalties are imposed on business managers if they delay wages or bonuses, regardless of the basis for such a delay.
So, the employer can apply to the employee the withholding of bonus remuneration along with disciplinary sanctions in the form of a reprimand or reprimand.
By Labor Code Russian Federation he obliged to notify subordinate about the reasons for these deductions. In turn, the decision on awarding bonuses remains with the employer. This payment is not mandatory unless it is specified in the employment contract.
You can learn more about what you can be punished for at work in this video.
Order for deprivation of bonusis drawn up if the employer, for some reason, has decided to dismiss an employee. The reader will be able to download a sample order from the link below. We will tell you how to prepare a document in the article.
A bonus is an incentive part of the salary, but its payment is not mandatory unless otherwise specified in the employment contract with the employee, or in a local act, collective agreement, or agreement.
Most often, organizations adopt Regulations on Bonuses, which set out the grounds for paying bonuses (for example, fulfillment of the plan, achievement of certain indicators, absence of product defects, absence of customer complaints, etc.). The Regulations may also provide for the possibility of deprivation of bonuses. As a rule, this is a measure of punishment for employees for disciplinary offenses committed by them, theft or damage to the employer’s property, shortages).
Deprivation of a bonus is legal only if the grounds for this are provided for in any act adopted by the organization or in the employment contract with the employee. Otherwise, if an employee has earned a bonus, he cannot be deprived of the bonus.
The deprivation of the bonus is carried out on the basis of an order to this effect. This document is drawn up in any form and is an administrative act of the head of the organization, on the basis of which one or more employees are subject to depreciation. Each employee affected by the order must be familiar with its contents. Familiarization with the order on deprivation of the bonus is made against signature.
The form of the order to deprive an employee of a bonus can be fixed in a local act. In this case, the document must be drawn up in the approved form. If this is not accepted, the form can be arbitrary.
Without an order, it is impossible to deprive an employee of a bonus if there are grounds for a bonus. This is confirmed by judicial practice, in particular by the Appeal Ruling of the Supreme Court of the Republic of Tatarstan dated September 27, 2012 No. 33-9816/2012. However, if the organization does not provide grounds for bonuses, then non-payment of bonuses will not constitute deprivation of the bonus. In this case, the order is not drawn up.
The order is drawn up on a regular sheet of paper, or on the organization’s letterhead (if available). The law does not impose requirements for the document, but it is filled out according to the general principles of personnel document flow.
The order includes various information, such as:
As an example, we provide a sample order for the deprivation of bonuses for failure by an employee to fulfill official duties.
(Zakoved LLC)
ORDER
On deprivation of bonuses for failure to fulfill duties
dd.mm.yyyy No. 18-P
The procedure for bonuses at Zakoved LLC is established by a local act - Regulations on bonuses dated dd.mm.yyyy No. 1-PO (hereinafter referred to as the Regulations). According to clause 12 of the Regulations, each employee receives a bonus at the end of the month in the amount of salary.
Clause 13 of the Regulations provides for the procedure for depriving employees of bonuses. By virtue of this clause, an employee who has not fulfilled the plan provided for job description, is deprived of the monthly bonus provided for in clause 12 of the Regulations.
The job description of a content manager dated dd.mm.yyyy No. 11 DI stipulates that an employee must publish at least 20 articles on the site every month. Ivanov A.A. holds the position of content manager, subject to the above job description. In February 2018, Ivanov A.A. did not fulfill the duties assigned to him.
Based on the above,
I ORDER:
- Deprive Ivanov A.A. monthly bonus for February 2018 for failure to fulfill job duties provided for by the job description of the content manager dated December 12, 2015 No. 11 DI.
- Introduce Ivanov A.A. with this order.
- I reserve control over the execution of this order.
General Director: Petrov V.V. /Petrov/
The order has been reviewed by: content manager Ivanov A.A. /Ivanov/ dd.mm.yyyy
It is important to note that deprivation of bonuses is not a disciplinary sanction, since the list of such penalties is closed, and such a disciplinary measure is not provided for by law. In this regard, disciplinary action may serve as a basis for deprivation of bonuses, but will not constitute a penalty as such. Prosecution for a disciplinary offense and deprivation of a bonus are formalized by different orders.
As another example, we will give a sample order on deprivation of bonuses when disciplinary offenses are committed.
Society with limited liability"Zakoved"
(Zakoved LLC)
ORDER
On deprivation of a bonus for committing a disciplinary offense
dd.mm.yyyy No. 18-P
The procedure for bonuses at Zakoved LLC is established by a local act - Regulations on bonuses dated dd.mm.yyyy No. 12-PO (hereinafter referred to as the Regulations). According to clause 5 of the Regulations, employees of Zakoved LLC receive a bonus at the end of each month in the amount of two salaries.
By virtue of clause 12, an employee against whom a disciplinary sanction was applied in the month for which bonuses are awarded is deprived of the bonus provided for in clause 5 of the Regulations.
By order dated dd.mm.yyyy Ivanov A.A. brought to disciplinary liability in the form of a reprimand. Thus, based on clause 12 of the Regulations,
I order:
- Deprive Ivanov A.A. bonuses for February 20__.
- Introduce Ivanov A.A. with the text of this order.
- Control over the execution of this order shall be entrusted to the chief accountant O.O. Petrova.
General Director Petrov V.V. /Petrov/
I have read the order:
Content manager Ivanov A.A. /Ivanov/ dd.mm.yyyy
Chief accountant Petrov O.O. /Petrov/ dd.mm.yyyy
Thus, the order on depreciation is drawn up in any form. For convenience, you can use the samples given in the article, or download the sample from the link at the beginning of the publication.
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