In this article we will consider a topic that interests almost every citizen of the country who is a hired person working in any systems. Namely, we will focus on depriving an employee of a bonus under the Labor Code of the Russian Federation. Here you can find data on the reasons for such penalties, the term depremiation is considered, the role of truancy in this process, etc.
Introduction
Depriving an employee of a bonus under the Labor Code of the Russian Federation is a measure that can only be applied in accordance with the terms of an employment contract, and also by preserving the rights and freedoms of the subject as a worker and employer. In the Labor Code, depreciation is regulated as a measure of influence. Usually, its application is necessary in relation to individuals who do not fulfill the list of their official duties.
Depremiration is an effective way to punish an employee for performing poor-quality work or avoiding duties. It manifests itself in the form of deprivation of payment of the premium.
Nature of recovery
Is losing a prize a disciplinary action or not?
In answering this question, it is important to understand that legally the use of such measures in relation to negligent workers is a disciplinary sanction. Therefore, the law grants and retains the right of employers, making it possible to use and combine administrative influence with a fine. In other words, the deprivation of the bonus is accompanied by the issuance and reprimand, which is consistent with the provisions of Article 191 of the Labor Code.
Depremination is a type of punishment that does not apply to disciplinary measures, but it is an effective way of materially affecting an employee who is unscrupulously performing his duties.
The subject can be punished in accordance with article of the Labor Code No. 192, which is applicable in the case of:
- Violations of the discipline of the labor process and the introduction of independent changes in the internal routine of the enterprise.
- The systematic failure to fulfill a number of duties that are prescribed in the instructions of the job description, or the lack of their quality performance.
- Refusal to carry out tasks and instructions of the head. It is important that they are directly related to the employee’s work responsibilities.
- Failure to appear at the workplace or arrival, but late.
- The cause may also be material damage and damage to property that was entrusted to the employed person.
Concept of Labor Code
Starting to consider the issue of depriving an employee of a bonus under the Labor Code of the Russian Federation, it will also be important to draw up a clear understanding of the Labor Code itself.
TC is an act that has the legislative force applicable to the field of labor within the state. He is the main source of all labor rights. In the predominant number of cases, they are not called a special set of norms, which was drawn up for a wide system of coverage of problems, but rather a combination of laws, fastened mechanically and connected by the framework of government decrees adopted at different times.
For the first time codified labor legislation in 1910 in France. In the French Labor Code, a legislative decree on working conditions, the procedure for hiring, the list of conditions that must be observed when leaving the company, etc. was recorded in detail. In Russia, the first labor code was the RSFSR Labor Law Code, adopted in 1918.
Currently, there is a general conference dealing with international issues on the organization of labor. It makes up various labor standards that can take the form of a convention or recommendation. In total, all these norms reflect the content of the international TC.
About Prize
Before considering the legitimacy of deprivation, it is also important to familiarize yourself with an understanding of the term “premium” itself.
Award is a way of supplementing an employee, which should stimulate the subject to fulfill his job duties. It can be issued to a hired person once or in a systematic form for performing specific tasks. The bonus is a bonus that the employer can give out on the basis of voluntary desire; there is no compulsion from the point of view of the law.
Due to the deprivation, the employee is deprived of additional cash for committing disciplinary offenses. In fact, this penalty is a fine for non-compliance with the rules and does not apply to the disciplinary form of punishment. Cash incentives are variable components of total earnings.
Legitimacy of Depression
Is losing a prize a disciplinary action or not? Answering this question quite clearly “no”, it is important not to forget about this when studying the concept of depremiation. The legitimacy of applying such a measure of punishment is primarily determined by the statements of local regulatory acts. However, in the absence of clear instructions on this issue, the employer is able to independently decide on the issue of the award or its deprivation.
Such a form of punishment will not contradict the provisions of the legislation of the Russian Federation in the cases that we examined in the paragraph on the nature of the penalty. However, the final decision will also depend on the statements made at the enterprise and approved in accordance with a number of local acts.
First of all, the reason for applying the punishment is violation of labor discipline. When using depremiation, the principle of proportionality, fair and loyal assessment must be observed. The bonus provision should include nuances of the complete or partial deprivation of funds. It is also important to determine non-payment periods. Do not forget that the very concept of deprivation is absent in the legislative documents of the Russian Federation.
Bonus Deprivation Procedure
It is important to understand that, in some cases, depreciation may be a disciplinary sanction. Now we will try to consider the intricacies of the process of depriving the bonus.
The deprivation of a bonus for non-performance of duties refers to disciplinary punishment.
The provisions of Article 192 of the Labor Code of the Russian Federation contain information on such measures, which include: reprimand, dismissal and remark.
In relation to individual employees, other types of penalties may be established, which were regulated in the Federal Law and / or in a number of charters and rules on the internal situation of the company’s order. The employer is entitled to hold the employee liable for the misconduct, however this is not a mandatory action, and the choice remains with the main person. Nevertheless, to organize the structure of the company, the company, etc. should be in accordance with legislative acts.
The deprivation of a bonus as deprivation is not mentioned in Art. 192 of the Labor Code, and therefore, the court can recognize this punishment at the same time as reprimanding an illegal action that violates human rights. Since there is no list of clearly defined provisions in the regulatory framework, fate is able to reach a verdict on the basis of various decisions. Not all award decisions by companies are legal. In accordance with article 193, part 5 of the Labor Code, a penalty can be applied to a hired person for 1 misconduct, only once.
The management of companies in determining the severity of punishment should take into account the severity of the violation.Violation of labor discipline, lateness, dishonest performance of work, etc. belong to the list of reasons for which depremination is most often applied to people. The Resolution of the Plenum of the Russian Armed Forces (dated March 17, 2004 No. 2) amended the procedure for considering this issue. In the event of a contentious situation, the court should pay attention to the circumstances relevant to the case.
Based on this information, employers are required to provide evidence by which they can confirm the legality of the punishment. The severity of the misconduct may also depend on the consequences of the employee’s actions; whether they were unfavorable or had no consequences.
The deprivation of employee bonuses under the Labor Code of the Russian Federation should also be based on the intent of the employed person. In the event that the employer does not comply with the rules on the application of disciplinary sanctions, the court may oblige him to recognize his actions as unlawful. A person who has suffered moral damage has the right to apply for compensation to the legislative authorities. Recent actions may lead to the fact that the management of the company, as well as the personnel and legal affairs service, may lose their reputation or tarnish it.
To use material punishment, an employee must have a set of special certificates. It is also necessary to get a note explaining the reasons for this or that behavior of the company employee. If there is no filing of such a document within two days, the drawing up of acts will be carried out on the basis of the relevant acts specified in the first part of Article 193 of the Labor Code of Russia. Important documents are:
- decree on the use of penalties;
- time sheet with a fixed amount of time worked;
- pass note;
- note with an explanation capable of substantiating the occurrence of a routine violation.
The period during which the issue of deprivation may be valid and weight, as well as be considered, is a mark of 180 days (6 months). There are cases when the analysis of the problem is delayed to two years. It is also important to remember that the deprivation of an employee's bonus under the Labor Code of the Russian Federation, issued in the form of an order on the application of disciplinary sanction, in the form of deprivation, is illegal, since the question of the deprivation of bonuses is not included in the list of clauses contained in article 192 of the Labor Code.
The premium may be unpaid, however, using documents to confirm the deprivation as a disciplinary measure will be a mistake.
The concept of default
The failure to fulfill the assigned task cannot serve as the basis for the deprivation of the award. Provided that it is provided for in the employment contract. In this case, the application of the penalty will relate to the disciplinary form of punishment. And this is not provided for by acts that carry the law.
Among the penalties, only those prescribed by article 192 of the Labor Code can be applied. In order to carry out the procedure for reducing the premium or its cancellation, the employer needs to fix the presence of non-fulfillment of tasks, lateness, etc.
Local regulatory acts include information on the prescribed accrual rules, the procedure for calculating the determination of the amount of payment, and cases when the bonus is not charged. It is important to know that the deprivation of cash payments in the form of a bonus for the lack of fulfillment of the duties assigned to the position will violate a number of provisions of the Labor Code of Russia. Therefore, the order for the deprivation of the premium must be carried out as competently and accurately as possible.
Prosecutorial Warning
The process includes an element of prosecutorial warning, which is drawn up and takes the form of a document. The announcement of the process affects only the official and is carried out only after passing the audit. Military personnel are reprimanded without fail.This warning may be appealed by an employee of the firm or company and may be considered in a lawsuit. However, this requires the presence of weight bases.
The prosecutorial form of warning does not apply to the types of disciplinary action. In fact, this is a conversation between the employee and the prosecutor. Accepting it as a sufficient basis for the deprivation of the premium is unacceptable. A warning does not affect the future development of a specialist’s career if the entire list of items that have been spelled out in the documents is fulfilled.
Payout and Refund
Under what conditions deprivation of the bonus is possible, we have already considered, however, there is one more interesting point about whether the bonus already issued by the employer can be returned.
Here you can track a few different opinions. Some are convinced that the company has similar rights. This is based on the fact that bonuses are not part of mandatory payments and can be carried out only at the initiative of the company's executives.
It will be appropriate to recall article of the Civil Code of the Russian Federation No. 1109. In accordance with it, the various funds that were obtained through unjustified enrichment are not subject to obligatory return. But this applies only to cases in which unfair acts have not been committed; The problem arose during the calculation and led to an error.
The order for the deprivation of the premium and the subsequent collection can be effective only if the punishment is applied in a timely manner. Refunds after they are paid are not recorded as a violation of the law in legislative acts. Since, from a legal point of view, depreciation does not apply to disciplinary action, a provision was introduced into the law on the existence of the right to use the recovery of material resources by the employer.
Equity assessment
The deprivation of bonuses for absenteeism or non-fulfillment of the official list of duties should be considered from different points of view. There are other misconduct for which punishment can be applied, but their assessment must occur as fairly and objectively as possible. An employee of the company has the right to seek legal assistance in the event that his rights have been violated and he intends to appeal against the use of deprivation. For this, the subject is given up to three months, the countdown of which begins after the order is issued. It is important to save payment documents to reflect the payment date. Otherwise, the date will be determined by the mark on the calendar corresponding to the time of signing the written request.
If the employer is found guilty, he will be liable for the administrative form of the offense under Art. 5.27 Administrative Code of the Russian Federation. Also, the employer should be guided by article 129, but only if the bonus becomes part of the salary.
The exact list of reasons why a person may be subjected to depremization is listed in the act on violation of internal regulations. It is unique for various companies and firms, but draws the foundation for the foundation of construction from the generally accepted provisions of the Labor Code of Russia.