Are they deprived of bonuses for a reprimand at the Ministry of Internal Affairs?

Can a reprimand and loss of bonus be applied at the same time?

To remove bonuses from a citizen due to the use of a reprimand, three factors must be met. These include:

1. The company's management issues an internal act outlining the process of paying premiums. The same document reflects provisions regarding the withdrawal of bonuses from a person.
2. Local documents reflect that a person who receives a reprimand is deprived of payments. The bonuses must be deserved. When the specified information is not recorded in the documents, it will not be possible to deprive a citizen of bonuses when using disciplinary measures.
3. The bonus must be earned. To do this, the established conditions specified in the acts issued by the enterprise are met. An example is preventing defects in manufactured products. It will not be possible to remove allowances that the person does not deserve. If the established conditions are not met, then this situation does not constitute a withdrawal of bonuses from the employee. This is due to the fact that the bases do not occur.

When taking into account the listed factors, the company management has the right to immediately withdraw bonus payments and use a reprimand. To better understand this situation, you need to give a specific example. The company applies the Regulations regarding the calculation of allowances. The document reflects that if a person fulfills the established plan for a month, he receives a bonus. Payment occurs at the end of the month. The same document states that if a citizen is held liable, additional payments are subject to cancellation.

Citizen R. fulfilled the plan, which means that he deserved the bonus payment. That same month he receives a reprimand. The reason is absenteeism. In this situation, the company’s management has the right, on the basis of the specified Regulations, to deprive R. of a well-deserved additional payment.

In order not to pay the employee well-deserved bonuses and to take disciplinary measures, orders will need to be issued. Otherwise, the use of these measures becomes impossible. Legal acts do not establish a prohibition regarding the use of any form of order documentation.

Orders may combine solutions to different issues. For example, with one decree, a citizen loses bonuses and receives a reprimand. Lawyers indicate that it is better to use two separate documents. Non-payment of bonuses occurs due to the use of sanctions in the form of a reprimand.

The specified measure is considered applied if the employee signs the issued act. When these measures are combined in a single document, the removal of bonuses is not considered a consequence of the application of a reprimand.

Payment of bonus or deprivation

Almost every employee who regularly receives a bonus regards it as a given.

As they say, you quickly get used to good things.

Even the speech construction itself, “deprivation of bonus,” indicates the confiscation from the employee of an amount that supposedly belonged to him.

In fact, for work under normal conditions, an employee is entitled only to the amount that is agreed upon in the contract with him.

Everything else is a reward at the discretion of management or for successes specified by local regulations (exceeding the plan, for example).

No one is obliged to additionally reward employees based on the results of the year or for a successful month, even if such payment was promised verbally. Only signed documents matter .

Consequently, if someone was not paid the expected bonus, then this fact may be completely unrelated to any violations or shortcomings in the work of a particular employee.

Perhaps the organization no longer has available funds for additional payments.

You will find more information about disciplinary sanctions in the materials of our experts. Read about the procedure for their application, the terms of application and validity, as well as the conditions for appealing.

Sample order to deprive an employee of a bonus

To limit a person’s additional payments, you will need to create an order. The documentation form is developed by the company’s management; the legislator does not prohibit the use of arbitrary wording. The form is not approved in legal acts. When filling out, you will need to indicate the name of the company where the person works. Next, the title of the document is displayed. It is represented by an order to withdraw bonuses.

Each document is assigned a number. It is influenced by the ordinal value recorded in the log book. The date of publication of the document is required. You need to refer to a separate act, which serves as the basis for the formation of the order. It is necessary to write the phrase “I order:”, then state the essence of the document.

The main text reflects information about the citizen to whom enforcement measures are applied. For example, the mechanic of warehouse No. 7, citizen I., as a result of the 3rd quarter, was deprived of bonuses for failure to fulfill official duties. It is necessary to indicate which citizen is entrusted with the execution of the issued order. At the end the manager’s signature is placed.

You will need to present the order for the employee to read. The citizen puts his signature.

Grounds for deprivation of bonus

There are several reasons why a citizen will not be able to receive bonuses. Often the standards reflect the following reasons:

• applying enforcement measures to a person at the time when bonuses are paid to him;
• if a citizen commits an unlawful act during the period for which bonuses are paid (the fact that he is held accountable is not taken into account);
• termination of relations with an employee during the period of payment of bonuses;
• the person did not work all the time for which the bonus was issued.

The management team of the enterprise makes a decision regarding the removal of allowances from a specific person. This possibility is reflected in local regulations, which are considered as a reason for withdrawing bonus payments from a citizen. This document sometimes does not indicate the process by which the premium is removed. The management bodies of the organization have the right to fix a specific value from the total value, which is applicable in case of salary reduction.

It is not permissible to consider deprivation of bonuses as a punitive measure. The list of such measures is enshrined in the labor law. Bonus withdrawals are not reflected in this list. There is a connection between these activities. The connection is expressed that disciplinary measures are the reasons that result in the removal of bonuses. The established procedure must be followed. Initially, disciplinary measures are applied to the citizen, as a result he is left without bonuses.

The management of the company has the right to apply punishment to employees. After considering what happened, the management of the enterprise has the right not to use punishment against the person.

How does deprivation of a premium occur under the Labor Code of the Russian Federation?

Workers are subject to sanctions if they do not fulfill their obligations. Such responsibilities are reflected in the agreement drawn up during employment. The law reflects a list of these measures. It includes:

• termination of employment relations;
• rebuke;
• comment.

In some situations, other measures may be applied to citizens. They are reflected in regulations adopted at the level of the federation and individual enterprises. The company's management has the right to apply liability measures to the employee, however, it cannot be considered as an obligation. The decision must be based on legal norms. This article of the code does not talk about deprivation of bonuses. Therefore, judicial authorities sometimes recognize as illegal the decision to use a reprimand and withdraw bonuses at the same time.

The legal acts do not provide clear guidance on this matter, so the decision on this provision becomes different. The reasons for removing allowances are:

• the citizen was absentee;
• if a person came to work at the wrong time;
• unacceptable treatment of the team;
• creating conflicts among colleagues.

The listed measures are not applied to citizens simultaneously. Laws indicate that one type of punishment can be used for committing a single violation. When determining the punishment to be applied to a person, the company's management takes into account the circumstances prevailing when the violation was committed and its severity.

The Plenum of the Supreme Court says that if a dispute arises, the provisions relevant to the case must be taken into account. Therefore, the director of the company must confirm that he has complied with the general provisions on the application of legal and disciplinary liability. To determine how serious a violation has been committed, it will be necessary to evaluate whether negative results have occurred or not. These consequences affect workers and, separately, the production process.

It is necessary to take into account whether there is intent in the employee’s actions and actions that preceded such behavior. If the management of the enterprise does not comply with the established rules, then the judicial authority has the right to restore the citizen to the position he previously occupied. A similar decision can be made by the labor inspectorate.

An employee may submit an application for payment for absenteeism due to the fault of management or in case of moral damage. In a conflict situation, the company director or HR department risks losing their reputation. In addition, the company faces unplanned expenses. For example, you will need to pay a lawyer for his work. In addition, legal fees are payable. They are expressed in penalties and other measures applied to the management team of the company if it is determined that a violation of the law has been committed.

To withdraw bonuses from a citizen, you must have certain documents. You need to receive an explanatory note from the employee, in which he will indicate the reason for his behavior. The law allows two days for drawing up this act. If a person has not drawn up a document within the specified time, the refusal will need to be recorded using an appropriate act. If this rule is violated, the application of punishment will be considered illegal.

Among the documentation there is an order regarding the application of penalties to a person. Attached is a time sheet that reflects the time the person worked, and receipts from the person regarding his absence. The person who violated the rules draws up explanatory notes regarding his behavior. It is permissible to apply sanctions within a month from the day the offense occurred. This period does not include the time while the person was on sick leave or resting. The time while awaiting a decision from a higher authority is not included in the specified period.

The law reflects the maximum terms; they can be six months or two years. This is influenced by the current situation. If a criminal case has been initiated, the time of its investigation is not taken into account when calculating the two-month period. If the director of an organization issues a document regarding the application of disciplinary measures in the form of deprivation of bonuses, this act is considered illegal. The labor law does not provide for this type of disciplinary action.

You don’t have to pay bonuses; there must be no documents where deduction of bonuses is considered as a type of recovery. In order for this action to comply with the law, it is necessary to issue an act reflecting the accrual of bonuses and their withdrawal.

What is a "premium"?

The Labor Code in Article 191 indicates that an employer can reward its employees for their work in various ways, including bonuses.

Incentive payments are used as a significant incentive in work activity. Deprivation of incentive payments is not a disciplinary sanction.

A person knows that his diligence will bring additional money not only to the owners of the enterprise, but also to himself, so he conscientiously fulfills his duties.

Allowances and other payments should be distinguished from bonuses

For example, if an employee works on his day off, then he must be paid double for these working hours, which is stipulated by law.

Consequently, such payment will not be a bonus, because it has the nature of compensation for the additional efforts of the employee.

This is also the case when premiums are established for irregular working hours or the traveling nature of work.

This is not a bonus, but compensation for the employee’s expenses that he may incur due to such complicated working conditions.

Organizations often establish a clear system of grounds for monetary incentives.

For example, for the number of clients brought, for the total amount of goods sold or services provided. Those employees whose work can be assessed quantitatively are set the required level for fulfillment. For exceeding the plan, a monetary reward is given, rightly noting the person’s diligence and the benefit he brings to the common cause.

Such systems are enshrined in bonus provisions or reflected in employee employment contracts.

If the workforce has signed a collective agreement with the management of the organization, then it may also stipulate the terms of cash payments in addition to salaries.

Much more often, bonuses are paid arbitrarily, without any connection to specific events.

Additional remuneration is simply awarded, and who received the incentive are in no hurry to find out the motives of management.

This has its advantages. Firstly, in such a situation there is no need to think through all the intricacies of the bonus system.

Secondly, the boss can assign and remove bonuses at his own discretion. If the employee completed an additional task, he was rewarded.

If you didn’t follow the dress code or didn’t communicate politely enough with the client, you received a “bare” salary.

What to do if bonuses were deprived without reading the order?

Sometimes a reduction in bonuses can occur without issuing a separate act. If the internal regulations regarding the payment of bonuses, the list of reasons includes those for which bonuses are not accrued for the established period. There is no need to issue a separate act in this situation. The employee familiarizes himself with this order against signature. You will need to use documentation to confirm the basis on which the citizen is deprived of bonuses.

Sometimes a citizen does not agree with the decision made. Then he has the right to challenge it. The legality of the basis used must be challenged. There is no need to find out the reason why bonuses were withdrawn. It is mandatory to issue an order:

1. If the basis on which the surcharges were removed is not reflected in the list. This list is contained in local regulations. This act is used by the management of the enterprise as a basis for deprivation of bonuses.
2. If in local regulations the only reason for deprivation of bonuses is the decision-making of the management team.
3. If management has the right to increase the share by which the amount of the bonus paid is reduced. This happens if there are sufficient grounds for it. The provisions are reflected in regulations.

The reason is that local regulations do not stipulate the grounds for deprivation of bonuses. If the employee was not familiarized with the issued order regarding the removal of bonuses, then this is not in all situations and does not comply with the law. Before filing claims with employers, you will need to carefully study the provisions of internal regulations regarding the calculation of bonuses.

When is deprivation of a bonus regarded as illegal?

In some situations, the decision to withdraw bonuses will be illegal. It happens:

1. The basis for reducing these payments is not specified in the list reflected in the local act. This act is developed by the management of the enterprise where the person is employed. In addition, the director of the organization does not have the opportunity to decide on non-payment of bonuses.
2. The paperwork regarding the deprivation of bonuses to the employee was not prepared properly. The basis for making such a decision is the application of disciplinary sanctions.
3. There is no order that states that a person is deprived of bonuses. Refers to situations where the issuance of such an act is a prerequisite.

The reason is that the employee loses bonus payments, but the manager does not familiarize him with the issued act. The situation is considered when the formation of the said act is mandatory.

The labor law establishes the obligation of an enterprise to independently issue regulations regarding the calculation of bonuses to employees. These documents reflect the procedure according to which a person is deprived of bonuses.

A reprimand and deprivation of a bonus can be fixed in one order. However, lawyers recommend not to do this. This is due to the fact that non-payment of bonuses becomes possible on the basis of the application of coercive measures to a person. Therefore, initially an act on the use of disciplinary sanctions is issued, then a second order on depreciation is drawn up.

In this video you will learn about what constitutes a reprimand at work:
Write your question to a lawyer in the form below:

Severe reprimand as a punishment

What disciplinary action is and what it entails is known to many unscrupulous employees. The application of such punishment is based on disciplinary liability and occurs in case of violation of labor standards or rules. Unpaid penalties, taken together, are excellent grounds for dismissing an employee. Therefore, certified lawyers advise trying to do everything to avoid severe punishment at the initial stages. Discipline is an important component of any work process. If an employee does not do his job well or does not do his job at all, is late and commits other offenses that negatively affect the activities of the organization, the manager has the right to resort to measures such as dismissal, reprimand, reprimand or reprimand. This type of responsibility makes it possible to force a citizen to think about his behavior, as well as correct his approach to work responsibilities.

Please note => Compensation for delayed wages income code