Depression is ... Bonus and depreciation of employees

Today, most employers prefer to divide wages 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.

However, the decision to pay the bonus part remains with the head. With effective work, employees receive remuneration, and in case of violations of labor discipline or unsatisfactory performance of duties, they are waiting for de-inflation (this is the absence of premium incentives or its reduction).

Sensitive situation

Being accustomed to receiving salaries increased by premium accruals, many employees who have undergone de-preemption are shocked.

The situation is exacerbated by the fact that at the time of employment, the employer often voices to the competitors the amount of salary together 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' depreciation 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.

Bonus and depreciation of employees: concepts, grounds, functions

In order to know if depression has been correctly performed, 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 and did not violate the requirements concerning labor discipline. The conditions for granting or depriving the remuneration are specified in such documents as a collective and labor agreement, a provision on de-repression and local regulations. Types of premiums:

1. One-time.
2. Monthly.
3. Annual (thirteenth salary).

Thanks to the system of material incentives, the manager can at times increase the level of motivation and efficiency of his subordinates. In addition, to achieve excellent discipline in the workplace is also helped by 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 a legal tool of the employer, which allows him to punish materially unfair or careless employees of the company.

Documentation of sanctions

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 become an 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 consider it rational to use a table that has been individually developed taking into account the specifics of the company's activities, in which examples of de-rating are indicated (type of misdemeanor or disciplinary violation and scope of sanctions).

This document is necessarily given to all employees 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.

Deprivation of the regular premium

It is obvious that this type of punishment becomes for the employees of the enterprise a blow not only by their wallet, but also by self-esteem. Therefore, resorting to such a measure as the depreciation of employees, the employer is obliged to comply with all rules and regulations.

The choice of the grounds for depriving or reducing the premium directly depends on its kind. If the calculation of the remuneration is systematic, that is, it is issued together with the payroll part, this should be indicated 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 bonus only in the event that he has undeniable evidence of a violation of labor discipline.

Grounds for the application of material sanctions

Depreciation of employees is used if they:

• Walk or long absent in the workplace, without giving a valid reason for their behavior.
• Appear at the enterprise drunk.
• Debocate, steal in the company or commit other criminal acts.
• Intentionally spoil the property of the firm.
• Do not comply with safety and health standards, and this leads to damage or destruction of material assets belonging to the company.
• Disclose commercial secrets or pass on secret information to third parties.
• They give incorrect information to the manager, and this entails certain material losses.
• Perform other actions that are contrary to those stipulated in the collective agreement.

It should be noted that the listed misdeeds may 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 manager 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.

Reduction or cancellation of an irregular premium

This type of material incentive is paid to employees 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 have not been reached), the depreciation is the issue of only the amount of the salary without an allowance.

What says the law on the punishment of workers

All labor relations between the employer and the subordinates are regulated by the Labor Code of the Russian Federation. An indication that managers can designate incentives for good work and sanctions for disciplinary violations contains article 191. Here, too, material incentives are mentioned.

The following article (192 TC) provides for types of punishments that the employer can apply:

1. Rebuke.
2. Comment.
3. Dismissal.

Depreciation of employees is not specified here, but there is a clarification that for one misconduct an employee can only be subjected to 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 examples of depressing, which concern several violations. This may be the deprivation of a monthly remuneration 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 misdemeanors, and the application of two penalties is justified.

Among other things, a leader may refuse to pay a reward even for what members of the team do not regard as an appropriate basis that gives him the right to use employee depreciation. Example: untidy appearance, talking on a mobile phone during working hours, visiting social networks from a working computer.

How the process of depressing occurs

Employees of the company may be completely or partially deprived of systematic bonuses, the accrual of which does not depend on the results of their work.

As an example, consider an allowance to the salary (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 (reducing material incentives) or are deprived of the premium (de-pricing).

The procedure for issuing a disciplinary sanction:

• The head must draw up an act on the violation found. Several people are invited to make the document as witnesses.
• Then the employee who committed the offense writes an explanatory note.
• At the next stage, an order should be drawn about the employee's depreciation with an indication of the period. If it is a question of reducing the premium, then they develop the corresponding document, indicating in it the violation and the withheld amount.
• The intruder receives his copy of the order, confirming the signature with what is familiar with the content.

The order for de-repression is made within a month from the date when the violation was found.

Is it possible to challenge the deprivation of monetary compensation

If the employee believes that the measures of material punishment applied to him were illegal, he has three months to sue.

The Labor Code gives 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 order for de-repression 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 there, the intentions of the employee of the enterprise matter. His act could be planned or accidental.

Justification will not be granted to an employee who did not come to replace a hangover syndrome or lack of sleep caused by the use of alcohol on the eve. However, if he was poisoned with food and had to resort to medical help, the cause of intoxication does not matter. This will be recognized as independent of the plaintiff's circumstances.

Proof of the rightness of the employee will be a certificate from 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.

Justification of the employee

In situations when, after applying to the court, the employee was acquitted, he is entitled to the following types of compensation:

1. Restoration on the post he held before dismissal.
2. Receiving moral and material compensation for unfair accusation.
3. Accrual of funds for forced absenteeism. Their size is calculated as the average daily earnings.

For the employer, the consequences will be as follows:

• He will have to pay the costs of the litigation (lawyers, lawyers).
• If there has been a violation of the Labor Law, penalties will apply to it .
• He may face the deterioration of labor discipline in his enterprise.

Depreciation due to the use of mobile phone

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 there is a clause in the labor or collective agreement prohibiting employees from using 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 judicial system.

For the employer, the danger lies in the fact that the employee can give good reasons for his actions or even prove the absence of a 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 the call of a schoolteacher who trains the children of the employee.

In the event that the de-rapport system includes telephone conversations, the justification is that the employee did not call, but checked the mail or text message.

Return of the paid premium

There are cases when the employer can demand to return the monetary reward paid to the employee. The reason is the 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 issue can be resolved 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.