The procedure for depriving employees of bonuses according to the Labor Code of the Russian Federation
To avoid conflict situations related to additional payments or their cancellation, the following documents should be drawn up and used in work:
A regulation on the appointment of bonuses, which clearly states when an employee is entitled to receive material compensation and in what cases he cannot count on it. In this case, there is no need to use the wording "deprivation of an employee's bonus" in the document.
A single template of an employment contract, in which it should be specifically stated that the salary includes the salary and additional payments required by law. But bonus payments are not constant and are not mandatory (in general, this point does not need to be discussed separately).
Each employee must be given the opportunity to familiarize themselves with internal documentation. This must be specified in a special order, according to which the employee is obliged to read the regulation. Or this point is stipulated in a personal contract.
If the employer complies with these requirements, he will not have to assign or cancel bonus payments (or part of them) using special orders (which must be provided to employees for review).
An important nuance! You can immediately spell out everything that concerns additional payments in the collective agreement. However, if these points are covered in a special provision, then it will be easier to quickly correct something later, because changing the terms of the collective agreement is a more complicated procedure.
How to officially document the deprivation of an employee's bonus? You will have to issue a special order if there are no other ways. It should be understood that there is no such term as direct moving leads email list deprivation of bonus in labor legislation, and there are no special forms for its registration. The management, at its own discretion, issues an order, which must be drawn up competently and not be associated in any way with the imposition of disciplinary punishment (in case of an inspection).
Such an order must contain information on the conditions for calculating the material reward and its cancellation (or reduction of the amount). The regulatory acts that serve as the basis for accepting the agreed conditions must be indicated.
At the top is a header containing information about the company (enterprise or firm), OKPO code, order number and the date of its preparation.
Next comes the title, for example, “Order on the imposition of disciplinary sanctions.”
The full name of the person, the position they hold, and the department they work in are indicated. Then the reason for which the employee is being penalized and the specific type of punishment are described (for example, a bonus is not paid at the end of the current month due to regular lateness). The amount that the employee will receive if the amount of payments for them has been reduced should be indicated in words.
Then again, the grounds for recovery should be mentioned. If there is internal documentation that the management relied on when making the decision, indicate which one.
The document must be signed by the manager, as well as the offender himself.
img width="100%" alt="Procedure for depriving employees of bonuses under the Labor Code of the Russian Federation" src="/upload/medialibrary/472/472c03f497d4a64ea4721846c8d82e60.webp" title="Procedure for depriving employees of bonuses under the Labor Code of the Russian Federation">
The document can be formatted something like this
-
- Posts: 386
- Joined: Mon Dec 23, 2024 3:44 am