On the issue of non-accrual of bonuses First, let us note that the current legislation does not contain such a thing as “deprivation of a bonus” or “withholding a bonus.” Among the disciplinary sanctions,

Financial incentives are one of the most effective ways to influence employees. For many, bonuses are a permanent component of income. And if for some reason the employee does not receive it, this will have a serious impact.

• Deprivation of bonuses by law: how does it happen?
• What reasons could there be for this?
• What is the correct procedure for depriving a bonus, and is this always possible?

Let's talk about the nuances of depreciation of employees.

What should you pay attention to before depriving an employee of a bonus ?

Bonus as part of salary

Art. 129 of the Labor Code of the Russian Federation states that the bonus is an incentive payment that is included in the salary. Thus, if the bonus is prescribed in the internal regulations of the organization, then the employer must pay it without fail. But if you look from the other side, a bonus is an incentive, and incentives are a voluntary right, and not at all an obligation, as Art. 22 and 191 of the Labor Code of the Russian Federation.

If bonus payment is the responsibility of the employer, then certain conditions must be met to deprive the bonus. If this is a free right, then at the will of the authorities the bonus can be canceled at any time.

In what cases can an employee be deprived of a bonus ?

This issue is resolved by the wording in the Regulations on bonuses adopted in a particular organization.

IMPORTANT! Deprivation of bonuses as a disciplinary action cannot be used, since the Labor Code does not contain this type of penalties, as well as federal legislation, charters, administrative code, etc. The employer does not have the right to establish this type of punishment in local legal acts.

Causes and associated factors of depreciation

Deduction of bonuses is often equated to the withholding of bonuses from employees' salaries, although it is not a penalty and is in no way enshrined in law. This follows from Article 192 of the Labor Code of the Russian Federation, which establishes only 3 types of penalties: reprimand, reprimand, dismissal. The regulatory framework for the use of bonuses and deductions from wages can be supplemented with the following articles of the Labor Code of the Russian Federation:

• Art. 144, part 1 (remuneration system, including bonuses);
• Art. 137 (limitation of deductions from wages);
• Art. 155 (the amount of an employee’s salary in case of failure to fulfill labor and official duties).

Decreasing a bonus does not mean withholding a bonus. The exact wording of the term implies no bonus. The employee fails to cope and does not fulfill the conditions established for bonuses by internal regulations. Then it would be more appropriate to say that he simply is not given a bonus. It would be incorrect to use the term to mean “retain” bonuses here.

Common reasons why an employer may dismiss an employee:

• absence from work, absenteeism (see → how to register an employee’s absenteeism? Absenteeism report);
• absenteeism on a business trip (see → how to register absenteeism for an employee on a business trip?);
• being drunk or on drugs at the workplace;
• non-compliance with internal regulations and labor protection requirements;
• failure to fulfill or untimely execution of orders and tasks;
• violation of financial discipline.

The grounds for not charging bonuses are specified in internal regulations. Most organizations use independently developed bonus systems, approved in local regulations, and stipulate the conditions for assigning bonuses in employment contracts.

The employer deprives the employee of bonuses, supporting his decision by issuing an order with reference to the relevant local document. This will be considered a legal action on his part.

What is written in the documents?

The wording of the Bonus Regulations and the employment contract is key to considering the reverse procedure. Let's look at the possible options and their consequences for employees.

1. Composition of wages. If the employee’s contract states that the salary consists of salary, allowances and bonuses, this means that the latter is part of the basic income, and not an incentive additional payment to it. The employer is obliged to pay wages in full. Therefore, it has no right to reduce the size of the bonus and deprive the employee of part of his earnings.
2. The premium is variable. The documents highlight a constant element of salary (salary and, possibly, allowances) and a variable element - actually, a bonus. Here the conditions on which the variable part of the salary depends must be indicated - a reference to the bonus regulations or other local act is acceptable. In this case, under negative circumstances for the employee, we are not talking about deprivation of the bonus, but simply about non-accrual.

NOTE! Since non-payment of a bonus is not a punishment, of which there cannot be several for one offense, disciplinary action may well be applied simultaneously with the deprivation of a bonus - for example, a reprimand or warning.

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:
Absenteeism from work under the Labor Code of the Russian Federation: punishment

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.

Pros and cons of bonus stimulation

The bonus reduction system is imperfect, however, the relative success of its functioning proves the effectiveness of such enforcement measures. Naturally, subject to compliance with labor laws.

Contradictions in depreciation:

• Having made mistakes, the employee cannot correct them in order to avoid deprivation of bonuses;
• in the case of non-specific wording in the documentation, the manager’s hands are too free (for example, the award of a bonus “for high performance” can easily be revised);
• indicators must correspond to the current level of development of the enterprise and are periodically reviewed and updated.

Positive aspects of depreciation:

• the responsibility of both parties increases: both employees and management;
• labor discipline receives an additional incentive to comply;
• the possibility of a differentiated approach to financial motivation.

Negative aspects of depreciation:

• possible mistrust of management;
• the pain of financial deprivation;
• work for results at the expense of the personal factor;
• additional ground for conflict situations.

Question: Does the employer have the right not to charge (reduce) a bonus depending on the type of disciplinary sanction applied to the employee (remark, reprimand)? How can this be done? View answer

Rules and step-by-step procedure for depriving an employee of a bonus

Step-by-step instructions are provided for depriving the bonus.

The employer must fulfill all the points provided for by law:

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1. First, an act must be received reflecting the employee’s violations of his labor obligations. Most often, the memorandum is drawn up by the head of the structural unit. It sets out the grounds for non-awarding the premium.
2. It is important to consider the list of criteria according to which incentive bonuses are calculated. The list may be specified in internal regulations. It is best to indicate them in the employment contract, which is concluded at the time the employee is hired.
3. The employee is required to write an explanatory note. In it, he must indicate why he violated the rules and confirm that he did not fulfill the terms of the employment contract.
4. The received documentation, memo and explanatory note, is sent to the department that calculates bonuses. Most often, accountants or personnel officers are in charge of these issues in an institution. They study the papers and decide on the punishment for the employee. They also determine the exacting measure.
5. After this, an order is prepared in accordance with the approved bonus regulations. After all, any withholding must have documentary evidence.
6. After publication, the document is handed over to the employee for review. After reading it, he must certify it with his signature. The terms for deprivation of the bonus must be indicated.

This is also important to know:
How and where to appeal a disciplinary sanction

If this procedure is followed by the employer, then he will not suffer negative consequences. Therefore, the reduction in bonuses will be considered legal.

Making an order

There is no standard form for a depreciation order. In practice, this administrative document, as a rule, is drawn up according to the general template adopted for drawing up documentation at the enterprise.

The approximate procedure for completing this order is as follows:

• all the necessary details of the organization are indicated in the “header” of the document;
• the “body” of the document contains the full name of the order;
• The full initials of the employee in respect of whom the document is being drawn up must be written down, and his position must also be indicated;
• Next, the fundamental motive for deprivation of bonuses is stated; in the case of partial deprivation of bonuses, the amount of the fine is indicated;
• after this, all the provisions and regulations of the organization are written down, on the basis of which the decision was made to deprive the employee of the bonus;
• the final line is the manager’s signature.

After reviewing the order, one copy of the order, completed and signed by the employee, is given to the violator, and the second remains in the organization’s archives.

Correct employer behavior

If management plans to use bonuses as a motivational factor, legal regulations should be followed.

Is it legal to deprive an employee of his bonus when reprimanding him for a disciplinary offense ?

What is the penalty for illegal deprivation?

Illegal deprivation of a bonus or reduction in its size may well become a reason for legal proceedings and the imposition of a serious fine on an overly zealous employer:

• for a boss, individual entrepreneur – 1-5 thousand rubles;
• per company – 30-50 thousand rubles; (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If this is not the first time this has happened, then you can receive not only a monetary penalty, but also disqualification:

• director, chief - from 10 to 20 thousand rubles. or disqualification for 1-3 years;
• individual entrepreneur – 10-20 thousand rubles;
• legal entity – 50-70 thousand rubles.

In this case, the employee’s fault is not taken into account. The legality of the deduction of bonuses is established by documents: if the bonus is issued as part of the salary, it is illegal to deprive it.

Conditions and procedure for legal depreciation

1. The wording in the text of employment contracts states that the bonus is a variable part of the salary.
2. The Regulations on Bonuses adopted by the enterprise, which clearly define the conditions for accrual, reduction and deprivation of bonuses.
3. The bonus is accrued by order of management, as well as reducing its size or not accruing.
4. If the text of the Bonus Regulations states that bonuses are not awarded for disciplinary offenses, then a reduction or withdrawal of the bonus can be made only after a violation has been recorded or a disciplinary sanction has been imposed, which will prove the employee’s guilt.
5. If the penalty that became the basis for depreciation is lifted, there is no basis for subsequent payment of the bonus. A penalty is a punishment for an offense, deprivation of a bonus is its consequence, and the removal of a penalty is the result of the employee’s subsequent merits.
6. If disciplinary action, which resulted in a deprivation of bonuses, was applied illegally and was subsequently appealed and withdrawn, then the employee has the right to demand the cancellation of the decision on depreciation.

Question: An employee-driver caused an accident during working hours and left the scene of the accident, for which he was subjected to administrative arrest. Can the employer also impose a disciplinary sanction on him for this, as well as deprive him of his bonus? View answer

Do I need a memo to deprive a bonus for drunkenness?

Showing up at work while intoxicated is a type of one-time gross violation of labor duties (subparagraph “b”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation) and, according to Art. 192 of the Labor Code of the Russian Federation requires the imposition of a disciplinary sanction on an employee.

The list of penalties for violation of labor discipline is closed and does not include such type of penalty as deprivation of bonuses. Therefore, there can be no talk of a memo regarding the deprivation of bonuses for drunkenness. But such a note will be required to document the fact of a disciplinary offense and bring the employee to disciplinary liability.

The issue of deprivation of a bonus for appearing at work while intoxicated may arise as a consequence of a disciplinary offense if the regulatory document provides for such grounds for deprivation of bonuses as the presence of:

• Disciplinary action - in this case, after a decision on punishment for a disciplinary offense is made, which the employee is familiarized with in the proper manner, deprivation of the bonus will follow automatically. However, before a decision on recovery is made, i.e., on the basis of the availability of only those documents that record the fact of a violation, it will be unlawful to deprive the employee of a bonus.
• Disciplinary offense - for this reason, depreciation will automatically follow if there is a complete set of documents documenting the very fact of the commission of the offense, regardless of whether a decision will be made in the future to punish it.
• A decision made exclusively by the head of the organization (including this is also true for a situation where the regulatory document does not contain a procedure for depriving bonuses) - here, in the process of distributing bonuses, the personnel service, as a rule, requests data on disciplinary offenses that occurred during the bonus period and punishments for them. This data may take the form of a memo.

To learn about situations in which a bonus may be recognized as accrued unreasonably or illegally, read the article “Unreasonable accrual and payment of bonuses.”

Order on dismissal of an employee

It is better not to name this order in this way, because legally “de-bonus” is the cancellation of the accrual of bonuses, and with the legal application of this motivational influence we can only talk about non-accrual or a reduction in its size. To avoid ambiguity, the order should not use words that can be interpreted as punishment: “withdrawal”, “deprivation”, “about, etc. Instead, it is worth using neutral terms “reduction in size”, “non-accrual”, “failure to achieve indicators”, etc.