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Good employee performance is stimulated additional surcharge to wages. However, there are cases when the head of the company decides to deprive the employee of the bonus. The grounds for such a decision of the management are indicated in Labor Code RF. These data can be indicated by an accountant if there is no provision on its appointment. Depreciation of an employee is issued by an order, a sample of which is downloaded in the article below.

For which you can deprive the premium:

• for failure to fulfill official duties;
• for violation of labor discipline, for example, for absenteeism;
• for other violations and inappropriate behavior.

Deprivation is possible if it is enshrined in a collective agreement or other internal act of the company with which the employee is familiar. The Labor Code of the Russian Federation does not contain legal grounds for depriving the premium.

Important! If an employee is deprived of incentive payments without legal grounds, legal norms provide for serious liability for the employer for violation of the law.

What is a premium?

Employee incentive allowance, which is paid to the employee simultaneously with wages or separately, called a premium. Additional payments per good work can be one-time or systematic. The basis for calculating the wage supplement is the fulfillment or non-fulfillment of employees' duties and work plan.

Depreciation arises from a disciplinary offense of an employee. The employee forfeits the bonus in whole or in part. Deprivation of incentive payments is a measure for failure to comply with the internal labor regulations, failure to fulfill official duties. The reasons for refusal to pay bonuses are reflected in the internal regulatory documents organization or provisions on its accrual to employees of the enterprise.

Normative base

The Labor Code does not provide for the procedure for depriving an employee of a bonus, since in accordance with the law there are only three possible punishments for violation of labor discipline (they are indicated in Article 192 - warning, reprimand or dismissal).

1. The basis for the depreciation can be a memorandum or an act, which indicates a violation of the employee's labor obligations.
2. The employee's misconduct should be correlated with the list of criteria by which the salary increments are calculated.
3. An explanatory note is required from the subordinate.
4. All received documents are sent to the department, which is authorized to calculate bonuses, then an order is prepared, which contains information about the deprivation of incentive payments to the employee. The finished document is transferred to the employee for review for signature. The order must indicate the terms of deprivation of the employee allowances.

Does not exist in the regulatory framework unified form order. It indicates the main provisions that are necessary for calculating the premium, and also describes the possible actions that will entail the deprivation. A reference to legislative acts must be present.

Mandatory clauses of the order to deprive the employee of the bonus

• The name of the enterprise, its organizational and legal form, as well as the date of the document and its registration number.
• The name of the order.
• Data of the employee deprived of bonus payments, position and structural subdivision organizations.
• The basis for the award.
• An amount that will not be added to the employee's basic salary.
• Link to legislative framework or a local regulatory legal act regulating the issue of accrual of allowances.
• Signature of the head of the organization or an authorized person.

The order is drawn up in two copies: one remains in the archive of the company, the second is forwarded to the employee.

Examples of order on the withdrawal of incentive payments:

Reasons for depriving

The reasons for not paying an employee a bonus can be different.

If incentive payments are paid on a systematic basis, the basis for accrual or deprivation will be the labor agreement between the employee and the employer. The bonus is transferred simultaneously with the salary, no additional documents are required.

When an employee is deprived of a bonus, there must be a violation of labor discipline by subordinates. This occurs when:

• absenteeism or non-attendance of workers at the workplace in the absence of valid reasons;
• other violation of labor discipline;
• presence in the workplace under the influence of alcohol or drugs;
• failure to fulfill official duties;
• causing material harm to the organization in the presence of intent;
• theft and other crimes;
• ignoring the requirements of the management, failure to fulfill duties and assigned tasks;
• violations of safety regulations and labor protection;
• disclosure of commercial secrets and other information;
• transfer of deliberately false information to management, which entailed material losses to the organization;
• other violations provided for in the collective agreement.

An order to deprive an employee of a bonus is a mandatory document in cases where the management of an enterprise decides to deprive someone of its subordinates of an additional material payment.

Files

What is included in the concept of "premium"

According to the law, the salary of an employee of an organization can consist of several parts: salary, various kinds of allowances, compensation and incentive payments. The prize is just one of the types of material incentives. Moreover, it is not strictly obligatory and entirely depends on the will of the enterprise management.

The director has the right to independently determine to whom, with what frequency and in what volume to write out the bonus.

At the same time, if the employer decides to apply the bonus as an additional incentive payment to subordinates, he must necessarily indicate its presence in internal documentation, for example, a special normative act - the Regulations on Bonuses, or a collective labor agreement. It is also allowed to include a bonus clause in individual labor contracts with employees.

For which you can deprive the premium

There are many reasons for such punishment from the management of the enterprise:

• being late for work or absenteeism;
• drunkenness;
• negligence in the line of duty;
• ignoring orders from superiors;
• non-observance of labor protection rules, etc.

The list of such offenses must be recorded in the relevant local documentation of the company.

Full or partial withdrawal of the premium

The amount of the bonus and the frequency of its payment are established by the director and the administration of the company.

The bonus can be issued monthly in 100% volume from wages, and maybe - once a year in the amount of one monthly salary.

Likewise, the management is free to decide whether to withdraw the prize.

It is allowed to be deprived completely - in case of a serious offense, or partially - if the offense was not so great, did not lead to material losses, and the refusal to receive incentive payments acts only as a kind of warning.

Forfeiture procedure

Despite the fact that the decision to issue bonuses to employees is entirely in the power of the employer, if the company has a system of incentive payments, it will not work to deprive the employee of the bonus without proper documentary support. First, you need to carry out a number of necessary actions according to a certain algorithm:

1. To begin with, it is necessary to record the very fact of a disciplinary offense - for this a special act is formed.
2. Next, you need to ask the employee for an explanation - also in writing.
3. If he refuses to provide necessary information, a corresponding mark is put in the act of misconduct.
4. Further, on the basis of the above-mentioned act, an order is issued, with which the employee must be familiarized with signature. If he does not want to sign under the order, this is also indicated in the document.

What to rely on when drawing up an order

You can't just write an order - you need it to be justified by something and have a documentary basis. The basis is usually understood as either an article of the law that is directly related to this order, or an internal document of the enterprise, for example, a memo or some act. As a justification, the order indicates the real circumstances for its formation.

General information about the order

If you are faced with the task of drawing up an order to deprive an employee of a bonus, and you have never dealt with such a document before, use the recommendations below and see ready example orders.

Before moving on to a detailed outline of this particular order, let's talk about general points related to all such documents.

1. First, let's start with the fact that any order is always written on behalf of the director of the enterprise. This is important, because regardless of who is directly involved in its formation, it must always be signed by the highest official company, or an employee acting on its behalf.

   All employees specified in it must also be familiarized with the order against signature - in this way they record that they have read the order and agree to execute it.

2. Secondly, the order today can be written in any form, but if the organization has an established form on the basis of which all other commanding orders need to be written, then, of course, it is necessary to use it.
3. Thirdly, the order can be made in electronic format or in handwritten form. It is necessary to take into account only one point - the electronic form must be printed out - to affix signatures. Stamping the order is not required, except in cases where the condition for the use of seals is in regulations companies.
4. And finally, fourthly, the form must be done in one original copy.

Information about the order should be entered in the administrative documentation log, which should be in each company and is usually located with the secretary or other responsible employee.

Sample order for deprivation of employee bonuses

In terms of its composition and content, an order to deprive an employee of a bonus is not so complicated, so you will hardly have any difficulties in forming it.

At the beginning of the document, write:

• company name;
• the name of the order itself;
• order number, date and place of its preparation (locality).

After that, go to the main part. Enter here:

• the basis and justification for drawing up this order;
• position and full name of the employee in respect of whom the order was developed;
• the period for which the employee is deprived of the bonus, to what extent and for what offense.

If necessary, supplement the order with any other information that is directly relevant to the case. If there are any documents that you consider necessary to attach to this order, mark their presence in the order separately.

In conclusion, put the necessary signatures under the order.

IN labor process there are situations when it is necessary to deprive an employee of bonuses for violation of the organizational process and discipline. According to the employer, the employer cannot impose material penalties on the employee, with the exception of cases that provide for a reprimand.

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The legislation stipulates possible lawful actions of employers when depriving an employee of bonuses.

Should he be

The employer can reward employees with additional material payments in the form of one-time or monthly allowances, bonuses for labor achievements and overfulfilled workload of the Labor Code of the Russian Federation.

Important: If the employer unlawfully deprives an employee of the bonus, he can apply to the labor dispute resolution committee or the trade union.

In the event that the employer refuses to comply with the instructions of the authorized organizations, the case is referred to the court.

The legislation provides for the creation of an internal labor schedule at the enterprise, each employee undertakes to adhere to disciplinary requirements and their direct responsibilities, which is prescribed in the labor contract of the Labor Code of the Russian Federation.

If the employee does not fulfill his direct duties or systematically violates the terms of the employment agreement, in this case there are several legal grounds for depriving the employee of the bonus:

• for violations of the internal regulations of the organization and disciplinary offenses;
• for refusal to perform official duties;
• for poor-quality performance of official duties or performance of the agreed work in an incomplete amount;
• in case of refusal to fulfill the orders of the superiors, which directly relate to the work schedule of the corresponding position and are stipulated by the employment contract;
• in case of systematic delays or absenteeism;
• in the event of material liability for damage caused to the organization;
• violation of schedules for performing the prescribed work;
• if the safety rules were violated, for the performance of the prescribed work;
• in case of violation job description internal regulations of the enterprise;
• as a result of late filing of documents or incorrectly compiled administrative reports.

Important: The employer does not have the right to impose disciplinary actions that are not provided for by applicable law.

Procedure for filing a disciplinary sanction:

• the employee must provide a written explanation of the disciplinary violation within two days;
• the employer is obliged to fix the violation in writing within one working month from the date of the actual violation of the order;
• the employee is obliged to sign the order; in case of refusal, an appropriate act is drawn up.

Important: If the employee is on vacation or was ill at the time of drawing up the order, then the period for filing a disciplinary sanction can be extended, but not more than up to six months from the date of the violation.

In fact, the payment of the bonus is made for the work done, which is stipulated in the employment agreement between the employee and the employer.

The Labor Code of the Russian Federation protects the rights of employees and does not provide for the opportunity for the employer to impose material penalties.

But the bonus is a special type of income and it is not the main salary, therefore, in case of non-fulfillment of agreements or poor-quality work, the employer has the right not to reward employees.

One of the most effective ways to protect an employer from poorly performed work or violation of discipline is to introduce individual points employment contractwhich will provide for the deprivation of bonuses, these may be:

1. Systematic absenteeism for unreasonable reasons.
2. Creation of emergency situations by an employee at work.
3. Appearance at work in a state of alcoholic, toxic or drug intoxication.
4. Failure to comply with the internal labor regulations of the company.
5. Theft at work, regardless of the amount of damage caused.

If the employee is deprived of the bonus, the employer can rely on the Labor Code of the Russian Federation, which allows the employer to partially pay for poorly performed work.

Important: If an employee is deprived of the bonus, it is necessary to draw up a disciplinary order, which will specify the reason for the measures taken. The employer should include disciplinary measures in the order.

How to compose, its sample

A deprivation order must be drawn up by the head of the organization as a result of a violation by an employee labor order fulfillment of professional duties.

The legislation does not provide for the form of drawing up an order for depriving employees of bonus payments.

As with the awarding of an award, the document should contain the reason why management has decided to take disciplinary action against the employee. The bonus can be written off in whole or in part depending on the degree of violation.

The document must be signed by the parties (manager and employee). If the employee refuses to sign the order, a separate act on refusal to get acquainted with the reasons for the disciplinary sanction.

Important: There must be compelling reasons for depriving an employee of bonus payments, such as systematic absenteeism, causing material damage... A delay of 10 minutes cannot be the basis for a material penalty.

For violation of labor discipline, sample

The legislation provides for disciplinary measures for violation of labor discipline of the Labor Code of the Russian Federation:

• drawing up a dismissal order;
• registration of a reprimand, which can be removed if the employee does not violate the work schedule throughout the year and should be removed from the personal file;
• the manager can make comments that the employee undertakes to eliminate;
• deprivation of bonuses is allowed only in certain cases provided for by current legislation and by decision of authorized organizations.

The procedure for drawing up an order:

1. The employee must provide an explanation in writing, he can also refuse to explain.
2. The employer is obliged to draw up a disciplinary order indicating the reasons and inform the employee within three working days.
3. The employee must read the document and sign the order. If the employee refuses to sign the order and does not agree with the penalties imposed, he has the right to file an application with the labor dispute committee or appeal the manager's decision in court.
4. The employer draws up an act of refusal to sign the order to withdraw the bonus, if necessary.
5. The order is drawn up in duplicate, one for the employee, the second is kept in the personal file, in the personnel department.
6. The record of the loss of the bonus is not recorded in the work book.
7. It is also worth recording the testimony of eyewitnesses, otherwise it will be difficult to prove the legal force of the employer's order.

Important: If, in the event of a violation of the work schedule, a failure occurred common work the enterprise or the employee's actions led to the accident, then the employer can use the services of independent experts who will conduct the analysis.

On the basis of an expert opinion, charges may be brought against an employee, and the case is referred to a court.

Reprimand and withdrawal of bonus in one order

In such a situation, it is better to draw up two separate documents.

First of all, it is necessary to draw up documents for the reprimand of the employee, to which the employee's explanatory note and the reasons for the disciplinary punishment are attached:

• the employee is obliged to draw up an explanatory note;
• afterwards, a reprimand is drawn up in double copy, indicating the date of the disciplinary violation;
• the employee is obliged to familiarize himself with the reason for the reprimand.

The withdrawal of the bonus must be formalized in a separate order, but it is worth remembering that the withdrawal of the bonus or partial reduction must be stipulated in the labor agreement between the employee and the employer, which provides for such a disciplinary penalty.

Otherwise, such an order will not have legal force and the employee can easily appeal against it in court and win the case.

Procedure for acquaintance with the document

The employer has the right to bring disciplinary action for one employee misconduct, only once.

The order to revoke the bonus must be drawn up within a month after the employee violates the work schedule, except for cases when the employee is on vacation or is sick.

The maximum period for the presentation of disciplinary sanctions may not exceed six months from the date of the misconduct.

The employer undertakes to inform the employee about the withdrawal of the bonus within three days after drawing up the order.

The employee has the right not to sign the document if he considers the actions of the employer unlawful and to challenge his decision in court.

Deprivation without order

The legislation does not provide for the form of drawing up an order for the deprivation of bonuses, since, in fact, the employer does not have the right to impose material penalties on the employee.

But it is worth considering the fact that bonuses to employees are initiated by the employer, and the bonus is not the main method of remuneration, therefore, it is better to formulate the withdrawal of the bonus as “Not accruing bonus”, in this case the employer must document the reason for the disciplinary sanction.

If you do not draw up an order in the proper form, there is always the possibility of obtaining a legal claim. In this case, the employee can easily prove the employer's illegal actions, therefore, for reliability, it is better to draw up the necessary document.

Important: Withdrawal of the bonus this basis will appeal to the employee to the trade union or court, as a rule, it is very difficult for the employer to prove his case, so the availability of documentation always becomes a decisive factor.

The legislation of the Russian Federation provides for situations that can be easily resolved by a peace agreement, but there are always reasons for the occurrence of labor disputes.