Deprivation of a bonus for violation of labor discipline - features, types and legality

Employee Bonus Deprivation Law 2021?

Labor legislation (Article 129 of the Labor Code of the Russian Federation) gives the concept of wages as remuneration for work performed depending on:

• conditions;
• quality of execution;
• employee qualifications;
• as well as other incentive and compensation payments.

Bonuses are precisely incentive payments. However, when establishing any additional payments in favor of employees, the employer must be guided by its local acts, which follows from the text of Art. 135 Labor Code of the Russian Federation .

The system of remuneration and bonuses in the organization is established:

• collective agreement;
• local regulatory documents;
• stated in the employment agreement with employees.

All of them must not contradict current labor legislation.

The bonus can be an incentive for conscientious work or a component of wages. In any case, it is established by order of the employer, indicating the employees subject to bonuses, the amount of the bonus and the calculation procedure.

Local documents of the organization also establish the possibility of depriving employees of bonus payments, and prescribe cases and grounds when such a procedure can be applied.

* * *

Depending on how the conditions for the payment of bonuses are formulated in the collective agreement, local regulations and employment contract with the employee, the employer has the right (does not have the right) to regulate the amount of bonus payments.

If the premium is set at a fixed amount, he is obliged to pay it in full. If, in accordance with the local regulatory act of the institution (collective and (or) employment agreement), the amount of the bonus is calculated depending on the assessment of labor results, under certain circumstances the employee can be deprived of the bonus or its size can be reduced. The reasons for this may be:

• failure to fulfill the work plan in the period for which the bonus is awarded;
• the presence of a disciplinary sanction in the period for which the bonus is awarded (but it should be remembered that a disciplinary sanction in the form of deprivation of a bonus cannot be applied to the employee).

It should also be taken into account that the court may consider deprivation of a bonus illegal if it is groundless or carried out on a basis not provided for by local regulations.

Remuneration in a state (municipal) institution: accounting and taxation, No. 5, 2021

Reasons for deprivation of bonuses

Labor legislation does not establish the grounds and procedure for deprivation of bonuses, as well as the amount of reduction in incentive payments. They are determined by the employer independently within the framework of his organization and secured by relevant regulations. Typically, the reason for deprivation of bonuses is directly related to the performance of labor functions, for example:

• delay in performance of work or provision of services;
• failure to fulfill the work plan for a certain period for which the bonus is calculated;
• refusal to comply with management orders within the scope of official duties;
• the presence of a disciplinary action within the time period for which the bonus is awarded;
• failure to comply with safety regulations;
• deviation from the production process, as well as the production of defective products;
• establishing shortages, identifying cases of theft and criminal prosecution in this regard.

Let us note that deprivation of a bonus is the result of a violation of labor order or discipline; it must only be thorough. The grounds for deprivation of bonuses must be listed in the organization’s document regulating the bonus system. Otherwise, the court will consider the employer’s actions illegal.

Grounds for depriving an employee of a bonus (reducing its size).

The grounds for non-payment of a bonus (when the employer has the right not to accrue it to the employee) include grounds directly related to the employee’s dishonest performance of his job duties, for example, failure to fulfill the work plan in the period for which the bonus is accrued.

In addition, as we found out, disciplinary action in the form of deprivation of a bonus is not provided for by regulatory documents. At the same time, the presence of a disciplinary sanction against an employee (for example, a reprimand or reprimand) during the period for which the bonus is awarded may become grounds for its deprivation. To do this, it is necessary to indicate this basis for depreciation in the local regulatory act of the institution (Letter of the Ministry of Labor of the Russian Federation dated March 14, 2018 No. 14‑1/OOG-1874).

In other words, along with a reprimand, it is possible to deprive an employee of a bonus if the local regulatory act on bonuses stipulates that it is permissible to deprive an employee of a bonus if there is a disciplinary sanction in the period for which it is accrued.

For reference

A disciplinary sanction cannot be applied if the function that the employee did not perform is not part of his job responsibilities (see, for example, the appeal rulings of the Altai Regional Court dated February 27, 2019 in case No. 33-1284/2019, Nizhny Novgorod Regional Court dated September 4 .2018 in case No. 33‑10377/2018, Primorsky Regional Court dated 08/06/2019 in case No. 33‑8175/2019). The judges also believe that it is impossible to apply a disciplinary sanction if there is no fault in the employee’s actions (see the appeal rulings of the Supreme Court of the Republic of Crimea dated July 11, 2017 in case No. 33-5519/2017, the Rostov Regional Court dated August 18, 2016 in case No. 33- 14371/2016).

Who should not be deprived of a bonus?

The legislation does not establish a list of categories of workers to whom bonus reduction cannot be applied.

Just keep in mind that deprivation of a bonus is not a disciplinary sanction. Art. 192 of the Labor Code strictly defines the list of disciplinary sanctions, these include:

• comment;
• rebuke;
• dismissal.

But the regulatory document of the organization can provide for a reduction in bonuses based on the results of the imposition of a penalty, observing the sequence: imposing it for a misdemeanor, and then depriving the bonus for the presence of a penalty.

There is also a time period during which a person who has violated discipline can be deprived of bonus payments. This is a calendar month from the date of the commission of the offense and its documentation.

I was deprived of my bonus without an order

Only having this document in hand, with the conditions and reasons for depreciation clearly stated in it, as well as its percentage, will these actions of the administration be considered legal.

• The decision to deprive a bonus must be documented, and the employee to whom it applies must be notified in writing against signature.
• The time frame for deprivation of bonuses is also clearly stated in the company’s internal regulations.

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Sample characteristics for an award: when required, writing structure, types

The main point that the administration and the head of the enterprise must take into account when choosing to deprive an employee of a bonus is only if there is a documented fact of violation of labor discipline, non-compliance with the terms of the contract, and is legally justified. Any case of deprivation of a bonus without the presence of this document is illegal.

Russian labor legislation allows an employee who considers non-payment of a cash bonus to be an unreasonable action to appeal the decision to deprive him or her of bonuses to higher judicial authorities and the Federal Labor Inspectorate within 90 days after the relevant order is issued that infringes on his rights.

According to the law, it is possible to deprive a person who has violated discipline of material incentives (bonuses) only within one calendar month from the moment the offense was committed and the fact of its official registration (Article 3 of the Russian Labor Code).

Availability of regulations on bonuses at the enterprise. Only having this document in hand, with the conditions and reasons for depreciation clearly stated in it, as well as its percentage, will these actions of the administration be considered legal.

1. The decision to deprive a bonus must be documented, and the employee to whom it applies must be notified in writing against signature.
2. The time frame for deprivation of bonuses is also clearly stated in the company’s internal regulations.

Current version of Art. 191 of the Labor Code of the Russian Federation with comments and additions for 2018

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 their profession). Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations about discipline. For special labor services to society and the state, employees may be nominated for state awards.

Step-by-step instructions for depriving an employee of a bonus under the Labor Code of the Russian Federation

The employer has the right to independently establish the procedure for depriving bonuses in its regulatory documents. If it is fixed, then it should be strictly followed, otherwise the employee will be able to challenge the legality of the bonus deduction in court.

Recommended course of action:

1. The heads of structural units or the head of the organization can initiate a reduction or deprivation of bonuses. In the first case, an official or memorandum with the reason for the deprivation of bonuses is submitted to the director. The basis may also be an act of misconduct committed by the employee.
2. Before making a decision to deprive a bonus, study all the documentation in accordance with which the organization has adopted a team incentive system:

• local documents regulating the bonus procedure. From their text it should be clear that the payment of bonuses is of an incentive nature and is not a guaranteed payment. It is also important to note that the employer decides to pay it depending on the results of the team’s work and the activities of the organization as a whole, establishing the appropriate amount;
• employment contract. If the employer fixes the payment of the bonus in a fixed amount and stipulates this in the employment agreement with the employee, then it cannot be deprived. It is more expedient to indicate in the contract that the bonus is a payment that is established by the decision of the employer and in a manner consistent with local regulations;
• collective agreement. The employer has the right to provide for a system of incentives for employees through a collective agreement.

1. The employee may be asked to provide a written explanation as to why a situation occurred that resulted in non-compliance with the terms of the employment contract.
2. If the grounds comply with the conditions for deprivation of bonuses prescribed in the local acts of the organization, an order for deprivation is issued.

When is deprivation of a bonus regarded as illegal?

In some cases, deprivation of bonus funds will be illegal. List of options:

• according to internal regulations, the employer does not have the right to such a procedure;
• the violation is not on the list of grounds that can be applied, that is, in the absence of the specified factor in the local documentation, enforcement measures cannot be applied;
• there is no evidence that the employee committed an offense or committed it systematically;
• there are no formalized acts of violation or disciplinary offense. Each case must be documented;
• the order was not reviewed, except in cases where such a process is not required;
• there is no deprivation order if registration is necessary in this case.

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The latter case refers to the employer’s decision to reduce the payment or eliminate it based on the facts that were established in relation to the personnel.

In practice, most often, cases without proper registration or with the formation of documentation with factual or legal errors become illegal. Another common option is the lack of an established foundation.

Employer's order

The content of the manager's order should be as follows:

• Full name and position of the employee (or several employees) who, based on the results of the period, are deprived of the bonus in whole or in part;
• the period for which the premium will not be paid;
• the basis on which such a measure is applied with reference to the document where it is provided.

Documents that are the basis for depriving the employee(s) of a bonus are attached to the order. They are listed in the text of the order and stored with it. This is necessary to prove the legality of the employer’s action if the employee goes to court.

It is prohibited to impose a disciplinary sanction and deprivation of a bonus on an employee with one order. In this case, first a “disciplinary notice” is issued and only then a depreciation.

It is mandatory for the employee to familiarize himself with the order against signature.

Sample order for deprivation of an employee's bonus in 2021

Sample order for deprivation of a monthly bonus due to disciplinary action:

Sample order for deprivation of bonuses for violation of labor discipline (reprimand):

Basic Concepts

A bonus is an incentive payment to an employee, which is transferred along with wages or separately from it. It can be one-time or systematic. When determining the possibility of calculating payments, the employee’s fulfillment or non-fulfillment of his obligations and labor plan is taken into account.

Allowances are considered additional to wages. They are not mandatory as they are voluntary. Therefore, the employer has the right to decide for himself whether or not to accrue an additional payment.

The procedure for depriving an employee of a bonus according to the Labor Code of the Russian Federation is carried out in case of a disciplinary offense. It may not be paid in full or may be reduced by a certain portion. The measure is a penalty for failure to comply with internal regulations and is not related to disciplinary action.

The award is variable. If there are grounds, management may not pay the funds. In this case, the reasons for the refusal should be reflected in local documentation or regulations on bonuses for employees.

In what cases will deprivation of bonuses be considered illegal?

Deprivation of bonuses to employees is considered illegal in the following situations:

• the basis on which the bonus was deprived is not in the corresponding list in the local regulatory act of the organization;
• an order has not been issued in accordance with which the bonus is deprived;
• the employee is not familiar with the order (order) imposing deprivation of bonus payments on him;
• the procedure for deprivation of bonuses due to the imposition of a disciplinary sanction was not followed (read above).

In such cases, the employee has the right to challenge the deprivation of the bonus in accordance with Art. 392 TK. It can be done:

• in court no later than 90 days from the date of establishment of a violation of the law by the employer;
• pre-trial, the employee has the right to resolve the situation through the Labor Inspectorate.

Procedure for accrual and deprivation of bonuses

Non-payment of premium must be documented. A memo is being written to deny the bonus. The sample is not provided for by law, so it is enough to indicate the basic details:

1. In whose name the note is written, it is usually the head of the organization.
2. From whom – position, last name, first name, patronymic.
3. The position and surname of the employee who will be deprived of the bonus.
4. Grounds for depriving an employee of a bonus: failure to meet targets; if there is a disciplinary sanction, the number and date of the order must be indicated.

Based on the note, an order is issued for non-payment of the premium or partial payment. The law also does not provide for a sample of such an order. You need to pay attention to how the order is drawn up; it should not look like a penalty.

Where to contact

In the event of a violation of an employee’s rights to receive an incentive payment under the established local act “On Bonuses,” you can contact the labor inspectorate, or directly to the court.

Procedure for challenging the deprivation of a bonus:

• try to come to an agreement with the manager, contact the trade union if no agreement has been reached;
• file a claim in court;
• attach the original deprivation order to the application;
• if necessary, attach extracts, medical certificates. institutions.

If the reason for deprivation of a bonus was a reprimand at work, the citizen should know how to appeal this document. Details in the article:

Through the court

Illegally deprived employees want to know how to challenge the deprivation of bonuses at work through the court?

Before going to court, you must obtain certain information:

• the statement of claim must contain information about the illegality of deprivation of the bonus, indicating references to the laws of the Labor Code of the Russian Federation;
• You can challenge the deprivation of incentives only within 3 months from receipt of the order. Later, you will not be able to appeal the deprivation.

If the court recognizes the illegality of the employer’s actions, the rules will be applied to him based on Article 5.27 of the Code of Administrative Offenses of the Russian Federation - warning. Also, the court may impose an administrative fine on officials in the amount of twenty thousand rubles.

At the Labor Inspectorate

Optionally, not wanting to consider the case in court, the employee can file a claim with the labor inspectorate for illegal deprivation of a bonus at work. According to Article 392 of the Labor Code of the Russian Federation, the employee has the right to this. After submitting the application, the labor inspectorate will conduct a targeted inspection of the enterprise. If violations are detected, the employer will face a fine, and the employee will receive compensation, as prescribed by the inspectorate.

Term

Some employees are interested in how long it takes to challenge an order to deprive a bonus at work? The process of appealing deprivation can be carried out within three months from receipt of the order. Once the order is in the hands of the employee, he has three months to file a claim in court or contact the labor inspectorate.

Peculiarities of deprivation of bonuses for certain categories of employees

Legislators did not identify in the Labor Code of the Russian Federation separate groups of workers who have guaranteed immunity in cases where deprivation of a bonus or part of it is expected (as opposed to protection from dismissal for pregnant women, for example). But still, when deciding not to pay additional amounts, you need to be guided by the following considerations:

• refusal of incentives cannot be dictated by personal motives (then the court may find a deliberate violation of the rights of the hired person);
• the punishment must be proportionate to the violation (a single delay cannot be grounds for cancellation of the annual bonus);
• in determining penalties, the system must be reviewed (the algorithm must be prescribed in the Regulations on bonuses or one scheme must be followed for all members of the team);
• the amount of the financial penalty should be assigned taking into account the accompanying circumstances (for this you need to stock up on reports and explanatory notes from the participants in the events).

If there is no reliable basis for unpopular personnel decisions, then an order to reduce bonuses cannot be avoided. Since the legislation does not use such a term at all, there is no unified form for such an order. The order can be drawn up in any form (in compliance with the requirements of GOST 7.0.97-2016).

The main thing is that when reading it and checking it by regulatory authorities, there are no associations with the procedure for imposing disciplinary punishment. To do this, the “body” of the order simply states that the employee is deprived of the bonus in whole or in part (indicating the exact amount or percentage of reduction). Next, the executor of the order and the person who will control the process are determined.

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In the order, you can briefly indicate what caused the negative reaction of the authorities and provide a link to the supporting documents (reports, explanatory notes, primary accounting data).

Depriving an employee of part of the money that he considers honestly earned is always fraught with trouble. Situations should be avoided where the legality of such a step on the part of the employer may be called into question. This can happen if:

• the employee has already been given a disciplinary sanction, and there is no separate mention of the right not to accrue bonuses in the company’s local documents;
• for a general violation, payment is reduced or canceled, which directly depends on specific work results (for example, for constant delays, the bonus for exceeding the plan is withdrawn);
• systematic exclusion from the list of those promoted is dictated by personal relationships (provided that there are no other grounds, and the accrual of bonuses for the entire team is permanent).

It is also necessary to act with caution in relation to specialists who are classified as particularly vulnerable: parents of young children who are often ill, disabled people, pregnant women and others. Their frequent absence due to personal illness or caring for disabled loved ones is not a sufficient reason to reduce their final salary. Simply, the bonus for meeting/exceeding production standards should be awarded in proportion to the hours actually worked.

At enterprises where the Regulation on the assignment of bonuses is in force, a reduction or cancellation of additional payments can be issued without publishing a separate order. In this case, the employee will probably learn about the deprivation of part of his salary payments only on the day he receives the tabulogram or issuing money at the cash desk.

In order to initiate the process of appealing such a decision, a written order is not required. It is enough to formally contact management with a request to explain the reason for the underpayment and its amount, and then act in accordance with the procedure provided for by the Labor Code of the Russian Federation.

Article 352 of the Labor Code describes several areas of counteracting any illegal behavior of management (including in cases that do not relate to remuneration):

• self-defense;
• contacting a trade union;
• control by the state (labor inspectors, prosecutor's office);
• court.

In a case where an employee was illegally deprived of an earned bonus, it is worth contacting Chapter 60 of the Labor Code of the Russian Federation. To increase the chances of a successful outcome of the case, you should adhere to the basic rules:

• comply with the deadlines - you must contact the internal commission for resolving disputes no later than 3 months after the employee learned about the incident (if the bonus was deprived without drawing up or familiarizing with the order, then the starting date will be the day the salary was paid), Art. 386 TK;
• you can write an application to the prosecutor's office, labor inspectorate or court only if you have a negative (or unlawful in the employee's opinion) decision of the commission or a response from your immediate supervisor - the deadline for filing a claim regarding lost funds is 365 days from the moment they should have been received issued to the employee, Art. 392 TK.

The employer’s actions can be declared illegal at any stage of the struggle. However, the sooner management admits that they are wrong, the easier it will be to take responsibility for an error or abuse of authority.

The Labor Code of the Russian Federation avoids the issue of depreciation of employees. The regulation makes no mention at all of the possibility of financial punishment for the misconduct of hired persons (unless, of course, we are talking about causing real damage to the company or third parties). The anger of management can be realized exclusively in the form of a remark, a reprimand, or, as a last resort, dismissal, Art. 192 TK. Legislators did not provide for other methods.

Basic Concepts

A bonus is part of an employee’s earnings, which depends on certain indicators that are established in a documented manner. For example, incentives may depend on sales volume, and deprivation of bonuses on customer complaints.

Today we will ask you a few questions about how and when you can deprive an employee of his bonus and whether it is legal{q}

But such actions are not always legal from the point of view of labor legislation. As a result, compensation disputes often end up in court. Is it possible to deprive an employee of bonuses, and how to do it correctly{q}

Supplements can be:

• regular (monthly, quarterly, annual). They are included in wages as its variable part (Article 129 of the Labor Code) and are included in the enterprise’s wage system;
• one-time, acting as a gift to staff on the occasion of a holiday or memorable date, for any successes and achievements. Management is not obliged to explain the reasons for their absence (Article 22 of the Labor Code).

General provisions regarding the accrual and deprivation of bonuses for employees are contained in the Labor Code of the Russian Federation. However, they are not complete or exhaustive.

In these matters, federal labor legislation often refers to the company’s internal regulations, without limiting in any way either the volume or frequency of payments (Article 135 of the Labor Code).

If it is a budgetary organization, refer to the recommendations developed by a special commission or the Government of the Russian Federation.

At the same time, the concept of “deprive” or “deprive” is not in the legislative norms. They should not be contained in local regulations. This means the accrual of incentives in the amount of 0–100% of the maximum. The difference in concepts is significant. The essence of the first is that the company deprives the employee of the right to remuneration, the second is that the employee does not have this right.

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So, detailed rules and conditions for bonuses should contain local acts of the organization, such as the “Regulation on Payment”, an employment or collective agreement. In order to legally motivate staff with bonuses, the documents must include:

• bonus conditions;
• regulations for checking compliance with these conditions (for example, sales reporting);
• amount of incentive (as a share of salary or a certain amount);
• procedure for deprivation of bonuses;
• documentation, responsible officials.

The clarity of the wording will determine whether the payment is the employer’s obligation or his right. Both are acceptable. But in the second case, the company has an almost 100 percent chance of winning the dispute in court if the injured employee files a claim.

When, by law, it is possible to refuse bonus payments to an employee or reduce them:

• The organization has a document regulating the conditions and procedure for bonuses, drawn up taking into account all the nuances. The staff is familiar with the information for signature;
• the employee did not fulfill or partially fulfilled the conditions. There is evidence for this.

What most often affects the size of bonuses:

• fulfillment of production indicators (KPIs, reporting, testing results). For example, the maximum remuneration is paid if the sales plan is 100% fulfilled, cut in half if it is 50% fulfilled, etc.
  ;
• commission of disciplinary offenses, their severity.
  For example, an incentive of 50% of the salary is paid if the violation resulted in a reprimand, but not at all if there is a reprimand. Or it may be possible to deprive a bonus for failure to fulfill official duties without bringing disciplinary action. The fact of non-compliance must be documented;
• actual number of hours worked.
  The rules must indicate what is meant by this (for example, the time spent on sick leave and maternity leave is not included in the calculation).

The employee has the right to sue the company for deprivation of bonuses within one year

From October 2021 Art. 392 of the Labor Code of the Russian Federation is set out in an updated version, according to which the period for an employee to go to court to collect unpaid wages or bonuses has been extended 4 times - from 3 months to 1 year.

It is counted from the day set by the employer for payment of the uncollected amount.

Editor's note:

in the previous 3-month period, many employees dissatisfied with the deprivation of bonuses did not have time to file a claim. This followed from their numerous appeals received by the Ministry of Labor of the Russian Federation and Rostrud, as well as from court decisions refusing to consider the claim due to the expiration of the statute of limitations. The problem was that after a long wait for payment of wages or bonuses, workers first turned to the labor inspectorate, as well as other regulatory government agencies, and only after that to the court, and by this time the 3-month period, as a rule, had already expired.

Now a year should be enough for all authorities.

This period must be calculated from the date when the employee learned or should have learned about the non-payment of the bonus. This is usually the set date for payment. The fact that the employee is deprived of it, he must find out from the pay slip and the deprivation order, as well as when a shortage is detected in the amount that is transferred to his card.

If neither the pay slip nor the order were brought to him, and it is impossible to identify the transferred amount on the card (for example, due to the fact that the purpose of the payment was not indicated), then the starting point can be shifted forward, and quite significantly, up to date of dismissal of the employee (Appeal ruling of the Penza Regional Court dated September 23, 2014 No. 33-2122).

Is reducing the monthly premium a form of liability?

Failure to pay a bonus or reduce its size cannot be called a disciplinary sanction - it must be another measure of influence on the employee who committed the violation. The company’s internal regulations cannot state that the employer reserves the right to deprive an employee of a bonus due, for example, to being late for work. Experts from the State Labor Inspectorate will point out the use of punishment that is not based on the law, since not a single provision of the Labor Code of the Russian Federation contains instructions for the use of such penalties. In this regard, it is impossible for a reduction in bonus to be framed as a disciplinary measure, otherwise the employer will be held liable.

Legal grounds for deprivation under the Labor Code

Bonus payments are an incentive measure for responsible and productive employees; their cancellation symbolizes any violations in the employee’s work activity, as well as due to any disciplinary offenses.

Conditional deprivation of bonuses can be divided into several types:

1. Partial reduction of the bonus for any minor offenses and violations of the employee. In this way, the employer “fines” the employee if for some reason he does not want to meet the standards accepted at the enterprise.
2. Complete deprivation of bonus payments due to significant violation of labor regulations, working conditions or non-fulfillment, as well as improper performance, of one’s professional duties.

Each type of unique punishment is applied at the discretion of the organization’s management, since each case is individual and requires significant analysis of the situation.

Bonus deprivation may apply:

1. In accordance with the provisions of an employment or collective agreement, if these points are included in them on a general basis. In this case, the employer will fulfill his duties in full and punish the truly guilty employees fairly.
2. In accordance with the manager’s own convictions, in the event that the circumstances for the deprivation of bonus payments are not specified in the relevant regulations of the enterprise or the labor agreement, as well as the collective agreement. Most often, employees do not agree with such appointments, since a reduction in incentive payments may be completely unjustified and far-fetched.

Important conditions for depreciation are the grounds for imposing such a punishment, since, without sufficient prerequisites for it, it is almost impossible to make an objective and fair decision.

Deprivation of bonus payments to an employee is possible in the following cases:

• systematic violation of labor discipline;
• violations of the organization's labor regulations;
• failure to fulfill the duties assigned to the employee, including those established by his position;
• poor quality work, even if this did not lead to any financial or other consequences for the organization;
• refusal to comply with instructions or requirements of management, which are established in accordance with the employee’s position;
• absenteeism for an unexcused reason;
• absence from work for a long time - being late;
• any damage to the organization’s property;
• guilt of a person in causing material damage to an enterprise, including through negligence or negligence.

In accordance with the provisions of Art. 192, assigning bonus payments or depriving an employee of such incentives is strictly the prerogative of the employer. With such subsidies, the employer independently regulates labor relations and encourages employees to perform their professional duties in a high-quality and timely manner, as well as to comply with the standards of behavior and discipline established in the organization.

Deprivation for failure to fulfill labor duties

Within the framework of Art. 22 of the Labor Code of the Russian Federation, the employer has the right to demand that employees of the organization fulfill their professional and labor duties in full.

At the same time, the employee, when concluding an employment contract, in accordance with the provisions of Art. 21 of the Labor Code of the Russian Federation, undertakes:

• perform their job duties in full, regardless of the current situation in the team, except in cases where the employee, for reasons beyond his control, cannot fulfill his duties - a natural disaster, destruction of an office building, illness, etc.;
• fully and responsibly comply with labor regulations, as well as take into account the provisions of the organization’s Charter when carrying out work, if it does not contradict labor legislation;
• comply with working conditions and perform their duties in accordance with the disciplinary standards established at the enterprise.

Most often, deprivation of a bonus for failure to fulfill work duties is assigned in the event of an employee’s refusal to carry out any direct orders of the employer, especially in a situation where they have little to do with the employee’s work responsibilities. However, if the order or instruction of the manager is caused by production necessity, and no other person can carry it out because he does not have sufficient knowledge and skills, the employee’s refusal is not appropriate, especially if, according to some criteria, the order reflects the employee’s work responsibilities . At the same time, in accordance with the provisions of Art. 60 of the Labor Code of the Russian Federation, an employer cannot require an employee to perform duties that, according to his job description, cannot be assigned to him.

If an order to deprive a bonus was drawn up on the basis of an unfulfilled order, which under no circumstances should be executed by this employee, it is recognized as unlawful and violating the rights of the worker.