Today, most employers preferdivide wages into two categories: salary and bonuses. The salary part of the staff charge necessarily. In this case, of course, take into account the number of days worked or the amount of work performed.
However, the decision to pay the premium partremains for the head. With effective work, employees receive remuneration, and in case of violations of labor discipline or unsatisfactory performance of duties, they will be deprived (this is the absence of bonus reward or its reduction).
Ticklish situation
Accustomed to receive wages increased by premium charges, many depressed workers are shocked.
The situation is aggravated by the fact that at the momentEmployment employer often voiced to applicants the amount of salary along with the promotion, not sharing these concepts. Therefore, the accrual of a stripped down patch can be perceived as illegal actions.
It is not surprising that the deportation of workersoften becomes the subject of disputes and proceedings. It should be noted that the vast majority of situations are decided in favor of the employer. This is due to the inattentive attitude of employees of firms to employment contracts, charters of companies and local administrative documents that regulate the rules of labor discipline in the enterprise.
Bonus and depremirovanie employees: concepts, bases, functions
To know whether the depreming was done correctly, you need to determine what a premium is and in what cases it is charged.
Prize called material incentives(incentive payment), which is issued to the employee along with the sum of the basic salary for the fact that he fulfilled the tasks and did not violate the requirements relating to labor discipline. The conditions for the issuance or deprivation of remuneration are specified in such documents as a collective and labor contract, a provision for depremiation and local regulations.
- One-time.
- Monthly.
- Annual (thirteenth salary).
Thanks to the system of material incentivesthe leader can increase the level of motivation and effectiveness of his subordinates. In addition, to achieve excellent discipline in the workplace also helps it bonuses. And depremirovanie employees becomes a kind of demotivation factor. This measure is resorted to in order to draw the attention of workers to those aspects of their activity or behavior that should be optimized.
Depremirovanie - is a legitimate tool for the employer, allowing him to financially punish unscrupulous or careless employees of the company.
Documentation of sanctions
As with all the nuances of labor relations related to financial resources, the accrual or deprivation of bonuses is strictly regulated by the relevant documents.
Bonuses and depremings becomemandatory part of the employment or collective agreement. The procedure and reasons for the calculation of allowances, as well as cases when they can be deprived, should be explained in detail to applicants.
In practice, many businesses considerrational use of the table, individually designed taking into account the specifics of the company, which shows examples of depremia (type of misconduct or disciplinary violation and the amount of sanctions).
Этот документ обязательно предоставляется всем employees who must read and sign it as a sign that they are familiar and agree to the terms. In addition, the table is placed on the information stand in all divisions of the company.
Deprivation of a regular premium
Obviously, this kind of punishment becomes foremployees of the enterprise with a blow not only to the wallet, but also to the vanity. Therefore, resorting to such an extent as depremirovanie workers, the employer must comply with all rules and regulations.
The choice of the basis for deprivation or reduction of premiumdirectly depends on its type. If the accrual of remuneration is systematic, that is, it is issued together with the salary part, this should be indicated in the employment contract.
When awarding do not constitute additional papers, because the total sheet contains the amount of salary and bonuses.
The head has the right to deprive an employee of this type of award only if he has incontrovertible evidence of violation of labor discipline.
Grounds for applying material sanctions
Employee deprivation is used if they:
- Strolling or long absent from the workplace, without giving a good reason for their behavior.
- Appear at the company drunk.
- Rumble, steal in the company or commit other criminal acts.
- Intentionally spoil the property of the company.
- They do not comply with safety regulations and labor protection standards, and this leads to damage or destruction of property belonging to the company.
- Disclose trade secrets or pass on secret information to third parties.
- They transmit incorrect information to the head, and this entails certain material losses.
- Perform other actions contrary to those stipulated in the collective agreement.
It should be noted that the listed offensesmay well be the reason for dismissing a guilty employee. Depremirovanie - this is a milder punishment, and the decision on this type of sanctions is taken by the employer. In any case, the actions of the head are considered justified before the face of the law only in the case when there is an act of violation, signed by the persons who were present during its drafting.
Reducing or canceling an irregular bonus
Такой вид материального поощрения выплачивается workers in the case when they have fulfilled certain conditions, for example, a plan for the production of a certain amount of products. In this case, can be awarded as an individual employee, and the whole team. The size of the award 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 necessarily be paid if all the requirements have been met.
If the condition is not fulfilled (planned targets are not achieved), depreciation is the issue of only the amount of salary without allowance.
What the law says about penalties for workers
Все трудовые отношения между работодателем и subordinates regulates the Labor Code of the Russian Federation. An indication that managers may award incentives for good work and sanctions for disciplinary offenses is contained in article 191. Here, too, material incentives are mentioned.
The following article (192 TC) provides for the types of penalties that an employer can apply:
- Rebuke.
- Comment.
- Dismissal
Employee deprivation is not specified here,however, there is a clarification that for one offense an employee may be subjected to only one type of punishment. That is, the assignment of a reprimand, and the deprivation of a premium for one case of violation will be recognized as illegal.
However, there are such examples of depreatingwhich concern several violations. This may be the deprivation of a monthly remuneration for late arrival at work, and the refusal to issue an annual premium due to non-fulfillment of the plan. In this case, there are two misdemeanors, and the application of two punishments is legitimate.
Among other things, the manager may refusethe payment of rewards, even for the fact that the members of the team are not regarded as a proper basis, giving them the right to apply the depremiration of employees. Example: an untidy appearance, talking on a mobile phone during business hours, visiting social networks from a working computer.
How does the process of depreating
Company employees may be fully or partially deprived of systematic bonuses, the accrual of which does not depend on the results of their work.
В качестве примера стоит рассмотреть надбавку к salary (5000 rubles) for the fact that disciplinary offenses are not committed. This means that all employees who observe labor discipline are guaranteed to receive a premium (5,000 rubles). Those team members who have become disciplinary offenders may be fined (reduction of material incentives) or deprived of their bonuses (deprivation).
The procedure for issuing a disciplinary sanction:
- The head must draw up a statement of the identified violation. To compile a document invite several people as witnesses.
- Then the employee who committed the offense writes an explanatory note.
- The next step is to make an order fordeprivation of the employee with the period. If we are talking about a reduction in the premium, then we develop a corresponding document, denoting in it a violation and the amount withheld.
- The offender receives his copy of the order, confirming with the signature that he is familiar with the content.
The depremia order is made within a month from the date when the violation was discovered.
Can I challenge the deprivation of monetary compensation
If the worker considers that the measures of material punishment applied to him were unlawful, he has three months to file a lawsuit in court.
The Labor Code gives employees of companies and organizations the right to go to court or to the labor inspectorate (art. 392).
In court, the plaintiff will be asked to submit an orderdepremiration or indicate its absence in the application. The employer will have to provide evidence that a disciplinary violation has occurred or that the tasks have not been completed. In order to conduct a legal process, it is necessary to submit an act of the violation found, an explanatory note from the employee, a work sheet and a collective agreement with an application describing the depremention system.
When there was a violation, the intentions of the employee of the enterprise matter. His deed could be planned or random.
Justification will not be given to the employee,who did not come to replace because of hangover or lack of sleep caused by the use of alcohol the day before. Moreover, if he was poisoned by food and was forced to resort to medical care, the cause of intoxication does not matter. This will be recognized as circumstances beyond the control of the claimant.
The proof of the employee’s rightness will be a certificate.from the emergency room with the date of the call and the nature of the medical care that was provided. If the data are reliable, the employer does not have the right to impose disciplinary action on the victim.
Employee Excuse
In situations where the employee was acquitted after applying to the court, he is entitled to the following types of compensation:
- Restoration of the position he held before his dismissal.
- Receipt of moral and material compensation for unfair accusation.
- Cash accrual for forced absenteeism. Their size is calculated as the average daily wage.
For the employer, the consequences will be as follows:
- He will have to pay the costs of litigation (lawyers, lawyers).
- If there has been a violation of labor laws, penalties will be imposed on him.
- He may face a deterioration in labor discipline in his enterprise.
Depression due to mobile phone use
The use of this type of punishment is considered to be one of the most controversial, since the employee’s misconduct is not considered obvious.
Even if in a labor or collective agreementthere is a clause prohibiting employees from using mobile phones during working hours; depreating for such offenses often causes disputes between subordinates and the supervisor. To resolve them, parties often resort to the help of the judicial system.
For the employer, the danger is thatthe worker may give good reasons for his action or even prove the absence of a violation. For example, an excuse is considered to be an excuse to find out the health of a sick relative or the answer to the call of a school teacher who teaches an employee’s children.
In the case when the depremiration system includes talking on the phone, the excuse will be proof that the employee did not call, but checked mail or a text message.
Return of the premium paid
There are cases when the employer may demand to return the remuneration paid to the employee. The reason is accounting errors or the identification of violations committed by the employee.
To return a premium, issued in error, the employer must provide reliable evidence, supported by documents.
If he turns out to be right, then illegally paid money will be deducted from the next employee’s salary.
При отсутствии веских доказательств вопрос может be settled in a contractual manner, and the funds will be returned with the consent of the employee. Any reduction in the amount of wages of an employee of an enterprise without his knowledge and consent is regarded as violations of the Labor Code. For such misconduct an employer may be held administratively liable.
