Today, most employers preferto divide the salary into two categories: salary and bonuses. The payroll is obligatory for employees. In this case, of course, take into account the number of days worked or the amount of work done.
At the same time, the decision to pay the bonus partremains for the leader. With effective work, employees receive remuneration, and in the event of violations of labor discipline or unsatisfactory performance of duties, they are expected to be depressed (this is the absence of bonus incentive or its reduction).
Being accustomed to receiving a salary increased by premium accruals, many employees who have undergone depressing are shocked.
The situation is aggravated by the fact that at the momentthe employer often voices the sum of salary along with the promotion, without sharing these concepts. Therefore, the accrual of a cut-down patch can be perceived as illegal actions.
It is not surprising that workers'often becomes the subject of disputes and proceedings. It should be noted that the overwhelming majority of situations are resolved in favor of the employer. This is due to the inattentive attitude of employees of firms to labor contracts, company statutes and local administrative documents that regulate the rules of labor discipline in the enterprise.
In order to know whether depression was correctly conducted, it is necessary to determine what the premium is, and in what cases it is charged.
The award is called material incentive(incentive payment), which is issued to the employee along with the amount of the basic salary for the fact that he fulfilled the tasks assigned and did not violate the requirements concerning labor discipline. The conditions for granting or depriving of remuneration are specified in such documents as collective and labor contracts, provisions on de-repression and local regulations.
Thanks to the system of material incentivesthe leader can at times increase the level of motivation and efficiency of his subordinates. In addition, to achieve excellent discipline in the workplace also helps to bonuses. And the staff's depreciation is becoming a kind of demotivation factor. This measure is used to draw workers' attention to those aspects of their activities or behavior that need to be optimized.
Depreciation is the legal tool of the employer, which allows him to materially punish unscrupulous or careless employees of the company.
Like all the nuances of labor relations relating to financial means, the accrual or loss of bonuses is strictly regulated by the relevant documents.
Bonus and depreciation becomean obligatory part of the labor or collective agreement. The procedure and reasons for calculating premiums, as well as cases when they can be deprived, should be explained in detail to applicants.
In practice, many enterprises considerrational use of a table, individually designed taking into account the specifics of the company's activities, which shows examples of de-appropriation (type of misdemeanor or disciplinary violation and scope of sanctions).
This document is necessarily provided to allemployees who must read it and sign it as a sign that they are acquainted and agree with the conditions. In addition, the table is placed on the information stand in all divisions of the company.
Obviously, this type of punishment is foremployees of the enterprise by blow not only on a purse, but also on self-esteem. Therefore, resorting to such a measure as depreciation of employees, the employer is obliged to observe all rules and norms.
The choice of grounds for deprivation or reduction of premiumsdirectly depends on its kind. If the calculation of remuneration is systematic, that is, it is issued together with the payroll part, this should be specified in the employment contract.
When awarding, they do not constitute additional papers, because the total statement contains the amount of salary and bonus.
The head has the right to deprive the employee of this type of premium only in the event that he has undeniable evidence of a violation of labor discipline.
Depreciation of employees is used if they:
It should be noted that the listed misconductmay well be the reason for the dismissal of the guilty employee. Depression is a milder punishment, and the employer takes the decision on this type of sanctions. In any case, the actions of the head are considered justified in the face of the law only in the event that there is an act of violation signed by persons who were present at its drafting.
This type of material incentive is paidemployees in the event that they have fulfilled certain conditions, for example, a plan for the production of a certain quantity of products. At the same time, an individual employee can be rewarded, as well as a whole team. The size of the premium is determined by the manager after he analyzes the task completed.
In this case, the material remuneration indicated in the contract for the fulfillment of specific conditions must be paid, if all requirements have been met.
If the condition is not met (the planned indicators are not reached), the depreciation is the issue of only the amount of the salary without an allowance.
All labor relations between the employer andsubordinates are regulated by the Labor Code of the Russian Federation. An indication that managers can appoint incentives for good work and sanctions for disciplinary violations contains article 191. It also mentions material types of rewards.
The following article (192 TC) provides for types of punishments that the employer can apply:
Depreciation of employees is not specified here,However, there is a clarification that for one misconduct an employee can be subjected to only one type of punishment. That is, the appointment of a reprimand, and the deprivation of the award for one violation case will be declared illegal.
However, there are such examples of de-which concern several violations. This may be the deprivation of a monthly cash reward for late entry to work, and the refusal to issue an annual premium due to the failure to fulfill the plan. In this case, there are two offenses, and the application of the two penalties is justified.
Among other things, the manager may refuse tothe payment of incentives, even for the fact that the members of the collective do not regard as an appropriate basis, which gives him the right to apply staff depreciation. Example: slovenly appearance, talking on a mobile phone during working hours, visiting social networks from a working computer.
Employees of the company may be fully or partially deprived of systematic bonuses, the accrual of which does not depend on the results of their work.
As an example, it is worth considering the premium tosalary (5000 rubles) for the fact that disciplinary violations are not committed. This means that all workers who observe labor discipline are guaranteed to receive a premium (5000 rubles). Those members of the collective who have become violators of discipline may be fined (reduced material incentive) or subject to deprivation of the premium (de-preference).
The procedure for issuing a disciplinary sanction:
The order for de-repression is made within a month from the date on which the violation was found.
If the employee believes that the measures of material punishment applied to him were illegal, he has three months to sue.
The Labor Code provides employees of companies and organizations the right to apply to a court or to a labor inspection (Article 392).
In court, the plaintiff will be asked to present an orderdepressing or indicate the fact of his absence in the application. The employer will have to provide evidence that there has been a disciplinary violation or the tasks assigned have not been met. To conduct the trial, it is necessary to provide an act on the revealed violation, an explanatory note from the employee, a work sheet and a collective agreement with an annex describing the system of de-repression.
When the violation was still, the intentions of the employee of the enterprise matter. His act could have been planned or accidental.
Excuses will not be granted to the employee,which did not come to replace the hangover syndrome or lack of sleep caused by the use of alcoholic beverages on the eve. However, if he was poisoned by food and had to resort to medical care, the cause of intoxication does not matter. This will be recognized as independent of the plaintiff's circumstances.
A proof of the rightness of an employee will be a certificatefrom the emergency room, indicating the date of the call and the nature of the medical care that was provided. With the reliability of the data, the employer has no right to apply disciplinary punishment to the victim.
In situations where, after applying to the court, the employee was acquitted, he is entitled to the following types of compensation:
For the employer, the consequences will be as follows:
The use of this type of punishment is considered one of the most controversial, since the misconduct of an employee does not apply to the obvious.
Even if in an employment or collective agreementthere is a clause prohibiting employees to use mobile phones during working hours, depressing for such misconduct often causes disputes between subordinates and the head. To resolve them, the parties often resort to the help of the judiciary.
For the employer, the danger lies in the fact thatthe employee can give good reasons for his actions or even prove the absence of violation. For example, an excuse is an urgent conversation with the purpose of finding out the state of health of a sick relative or responding to a call from a schoolteacher who trains the children of the employee.
In the case when the system of de-rapping includes exactly telephone conversations, the proof is that the employee did not call, but checked the mail or text message.
There are cases when the employer can demand the return of the monetary compensation paid to the employee. The reason is accounting errors or the detection of violations committed by the employee.
To return the award, issued by mistake, the employer must provide credible evidence, documented.
If he turns out to be right, the illegally paid money will be deducted from the next employee's salary.
In the absence of strong evidence, the question maybe settled in a contractual manner, and the funds will be returned with the consent of the employee. Any reduction of the salary of an employee of an enterprise without his knowledge and consent is regarded as violation of the Labor Code. For such a misconduct an employer can be brought to administrative responsibility.