Order to deprive an employee of his bonus

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 types of allowances, compensation and incentive payments. The bonus is just one of the types of material incentives. However, it is not strictly obligatory and depends entirely 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 issue bonuses.

Moreover, if an employer decides to use a bonus as an additional incentive payment to subordinates, he must indicate its presence in internal documentation, for example, a special regulatory act - the Regulations on Bonuses, or a collective labor agreement. It is also possible to include a bonus clause in individual employment contracts with employees.

Who should not be deprived

There are several categories of persons who cannot be subject to depreciation. Among them:

• persons who have an entry in the employment or collective agreement on a mandatory bonus in the established amount;
• those who already have a recovery with a fine, that is, they cannot be deprived of the same amount a second time;
• employees who have minor violations that are not specified in the grounds for deprivation in the form of regulatory documentation.

It turns out that it is impossible to deprive any employee who has misconduct that is not prescribed in the regulatory framework. The process itself is possible only if pre-established offenses are recorded.

An additional condition is complete proof of guilt. Without this, it is impossible to carry out any actions not only with the removal of incentives, but also with the imposition of disciplinary sanctions.

Full or partial deprivation of bonus

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

The bonus can be issued monthly in the amount of 100% of the salary, or maybe once a year in the amount of one monthly salary.

In the same way, management is free to decide on the deprivation of bonuses.

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 of an incentive payment acts only as a kind of warning.

Grounds and procedure for depriving an employee of a bonus according to the Labor Code of the Russian Federation

Therefore, the reduction in bonuses will be considered legal. From here you can find out the deadlines for submitting sick leave.

Since the law does not provide for a unified form of order, many do not know how to draw up the document.

Therefore, you can focus on a sample downloaded from the Internet.

It is important to reflect in the order the basic information necessary for calculating the payment.

The actions of a person that are considered grounds for deprivation of bonuses are also specified in detail. You need to refer to the main legislative acts. There is a procedure for filling out the document that must be followed by the HR employee: The order must be prepared in two copies.

One remains in the institution, is attached to the personal file and then transferred to archival storage.

The second is sent to the employee and remains in his hands.

Procedure for depriving a bonus

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

1. First, you need to record the very fact of a disciplinary offense - a special act is drawn up for this.
2. Next, you need to ask the employee for an explanation – also in writing.
3. If he refuses to provide the necessary information, an appropriate note is placed on the misdemeanor report.
4. Next, based on the above-mentioned act, an order is issued, with which the employee must be familiarized with signature. If he does not want to sign the order, this is also indicated in the document.

Algorithm for dismissing an employee for absenteeism: sample order for disciplinary action

An employment contract provides for the paid performance by the employee of certain actions in favor of the employer. If the employer is not satisfied that the employee is violating the contract, he may exercise the right to impose a disciplinary sanction.

Not considered absenteeism, no-show: Normal working hours cannot exceed 40 hours per week.

The employer is required to keep records of the time actually worked by each employee.

The list of valid cases of failure to appear is not specified in the legislation; the enterprise itself determines the criterion of “respect” for each specific case. If a legal dispute arises between an employee and an employer on this issue, the court will confirm the correctness of recognition of absenteeism as a disciplinary offense.

For disciplinary action for absenteeism, an order is issued; in order to correctly draw up the document, you must adhere to the following procedure.

• position, surname, name and patronymic of the offender;
• date, exact time of absence from work (it is better to indicate when the employee arrived and left);
• time of drawing up the act;
• details of the three employees who signed the act.

In the report card, no-show is designated as “NN” (failure to appear for an unknown reason) and this day is not paid until the reason for absence is clarified. The order, like any document, must contain the following parts:

• Business name;
• date of issue of the order;
• structural subdivision;
• names of positions in accordance with the staffing table;
• last name, first name, patronymic, personnel number of the offender;
• surnames and initials of the persons who prepared the acts and reports.

Descriptive: the essence of what happened should be, as exhaustively as possible, described. Summarizing: this part reports the manager’s decision to take a disciplinary measure (announcement of a reprimand, reprimand, dismissal under Article 81.5.

This is important to know: Familiarization with orders against signature: Labor Code of the Russian Federation

Labor Code of the Russian Federation.) Order on the imposition of a disciplinary sanction for absenteeism, sample LLC "STROYGARANT" On the imposition of a disciplinary sanction On January 13 and 14, 2015, the storekeeper of warehouse No. 4 Vladimir Evgenievich Pankratov was absent from work from 9 a.m. to 6 p.m.

No documents were presented to justify the absence when returning to work on January 15, 2015. Pankratov V.E. a gross violation of Article 21 of the Labor Code of the Russian Federation and the internal regulations of STROYGARANT LLC was committed. Deputy Director Gorbunova O.A. Correct execution of documents will protect the management of the enterprise from possible lawsuits, and workers from unreasonable punishments from the employer’s administration.

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 not dealt with such a document before, use the recommendations below and look at a ready-made example of an order.

Before moving on to a detailed description of this specific order, we will talk about general points relevant to all such documents.

1. Firstly, 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 of the company, or by an employee acting on his 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 carry it out.
2. Secondly, today an order can be written in any form, but if the organization has an established form on the basis of which all other management orders must 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. In this case, you need to take into account only one point - the electronic form must be printed - for signatures. There is no need to stamp the order, except in cases where the requirement for the use of seals is in the company’s regulations.
4. And finally, fourthly, the form must be made in one original copy .

Information about the order should be entered in the administrative documentation log, which should be in every company and is usually kept by the secretary or other responsible employee.

How to draw up an order for deprivation of a bonus: sample filling and reasons for appointment

Sometimes situations arise in the work process when it is necessary to deprive one or another employee of bonuses.

This happens as a result of the fact that the employee has done something wrong: violated discipline, the organization of the labor process, etc.

How this happens, whether a special order is needed for this and who is involved in its execution, we will consider in detail below.

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What it is?

A bonus is a monetary reward that is given to a specific employee or an entire department based on the results of a certain amount of time worked according to achievements. Art. 129, 135, 191 of the Labor Code of the Russian Federation clearly regulate that a bonus is an additional payment to the basic salary , which the employer can pay, but has the right to refuse payment.

Article 191 of the Labor Code of the Russian Federation. Incentives for work

• The employer encourages employees who conscientiously perform their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession).
• Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and discipline regulations. For special labor services to society and the state, employees can be nominated for state awards.

An order to deprive a bonus is a document approved by the company's management and intended to deprive employees of a bonus.

Why is the order needed?

The order is necessary to deprive workers of bonus remuneration. The form of the order can be developed by the organization itself, and this document can also be drawn up in any form (there is no approved form in the law).

An employer can deprive a bonus in many cases, the most common of which are:

1. with a slight violation of discipline (poor performance of one’s duties, incorrect attitude towards clients, failure to meet planned targets);
2. if an employee does not cope with his job responsibilities for a certain time (for example, a quarter), or has serious complaints from his manager, then deprivation of a bonus may occur without drawing up an order. In such a situation, management evaluates which employees have distinguished themselves during this time and who should be awarded a bonus and who should be deprived.

The legislative framework

Article 144 Part 1 of the Labor Code of the Russian Federation clearly regulates that the incentive system can be approved by the organization (employer) itself.

Also other nuances are regulated by Art. 137, 155, 192 Labor Code of the Russian Federation.

When is publication of a document not required?

A document on depreciation is not always drawn up. Compilation is optional when:

• there is already a document (a bonus order) that reflects the grounds for deprivation;
• if the bonus order already stipulates the size of the reduction (for example, in %);
• There are other documents (administrative acts) confirming the grounds for deprivation.

Filling rules

Orders to deprive employees of bonuses do not have a specific form, so they are drawn up according to general rules.

Information that must be present in the order:

1. last name, first name and patronymic of the person being punished (the person who is deprived of the bonus);
2. the position the person holds;
3. name of the department (division) in which he works;
4. an indication of the reasons that influenced the punishment;
5. size (specific amount or % ratio);
6. period of bonus reduction (month, quarter).

order to deprive an employee of a bonus

Reference! If the employer has its own internal form for depriving a bonus, and it contains a line dedicated to deprivation of bonuses, then in this form it is necessary to make a reference to these points, from which the legality of the decision to not pay the bonus is clearly visible.

If an employee is constantly violating the terms of the employment contract or failing to fulfill his job duties, then there may be many grounds for deprivation of the bonus:

• violations related to the prescribed work schedule;
• if the employee refuses to fulfill his obligations;
• regular tardiness and absenteeism;
• violation of the internal regulations of the organization;
• disciplinary offenses;
• poor performance of duties in the work process;
• the work is not completed in full;
• financial liability for damage to the organization (damage to property, etc.);
• refusal to carry out instructions from the manager (which are specified in the employment contract);
• violation of general safety rules;
• late submission of documents and incorrect reporting.

Registration of reprimand and deprivation of bonus

An employee of an organization, in accordance with Article 191 of the Labor Code of the Russian Federation, may lose his bonus and at the same time receive a reprimand. At the same time, he cannot remain without familiarization with these types of collection.

However, in this case it is better to draw up two different documents. First, you should issue a reprimand to the employee, to which you must attach his explanatory note, and also indicate all the reasons for the disciplinary measures.

The employee is required to write an explanation. Next, a reprimand is issued in 2 copies, in which the date of the actual violation is indicated.

Next, the offending employee must familiarize himself with the reasons for the reprimand.

Important! The reduction in bonuses is formalized in a separate document, but it is worth knowing that the withdrawal or reduction of the bonus must be stipulated in the employment contract concluded between the employee and the employer.

Sample for drawing up

1. The name of the organization where the person works is recorded in the header of the administrative document for the deprivation of bonuses.
2. The name (order) is written in the middle of the document, the current date is written on the left, and the document number on the right.
3. Between the date and document number, in the middle under the title, the name of the city is indicated.

• Example:
• Limited Liability Company "Elf"
• Order
• Moscow
• March 15, 2021 No. 1-pr

• Next, the name of the order is written on the left: On deprivation of the bonus.
• The main part of the document states: the basis document (the bonus regulations that apply in a specific organization).
• On the left is the word “I ORDER”... and then it should be written down point by point: who to deprive (full name), how much and for what.
• The position (director) is placed below, as well as his signature with a transcript.

In what cases is it used?

When an employer denies an employee a bonus, he is obliged to clearly formulate the reasons for such a decision. Most often, employees are deprived of these payments for the following violations:

• Violation of disciplinary and behavioral standards, for example: neglect of safety requirements;
• absence from work for 4 or more hours without warning;
• causing damage to the organization’s property, which resulted in losses;
• absence from work without a valid reason;
• failure to comply with management orders;
• reporting to work under the influence of alcohol or drugs.

This is also important to know:
Is information about disciplinary sanctions entered into the work book: how is the entry made?

In addition to the listed violations, a person may be subject to penalties for minor violations, for example, for being late or leaving work before the end of the working day. As a rule, in these cases partial depreciation is applied.

Article 192 of the Labor Code of the Russian Federation states that for one violation an employee can be subject to only one type of penalty . For example, an employer does not have the right to simultaneously reprimand and reprimand a violator. In addition, when imposing a punishment, management must take into account the severity of the violation, the presence of consequences and other circumstances.