IN conflict situations each side is trying to exert pressure at the expense of own resources. It just so happened that the authorities do not have many options for legal influence. But if you do not know whether the employer has the right to fine the employee and rely on dubious orders, you can get into a very difficult financial situation.

Community without interests

The work team is a closed society:

• The same people are forced to endure each other's company for months and even years.
• Purely theoretically, it is impossible to influence the composition of the team.
• Different hobbies and outlooks on life can lead to a conflict of interest that is completely unrelated to work.
• In case of failure, each worker will try to put the blame on someone else, "drowning" a neighbor.
• Distrust and irritation over the years only accumulates.

Sometimes skirmishes and misunderstandings stop at the same level, without moving to the vertical of power. Equal employees “squabble”, try to put each other in a bad light, or simply spread gossip.

The situation changes dramatically at the moment when the conflict between the leader and the subordinate unfolds.

Not all bosses are great people and not all performers are reliable employees. It is sometimes almost impossible to understand the essence of the conflict, but protect yourself from the consequences and everyone should act exclusively within the framework of the TC.

What disciplinary action can an employer take?

Issues of discipline and penalties for its violation are regulated by two articles of the Labor Code - 189 and 192. The employer has the right to use one of three impact options:

1. Dismissal.
2. Rebuke.
3. Comment.

There is only one nuance here, at least some paper is needed to impose sanctions. It is impossible to issue a reprimand or make a remark on the basis of an oral order or order. It is illegal. Any penalty against the allegedly guilty employee must be backed up by the right reason. That is why you should never write any explanatory notes only at the request, albeit persistent.

In connection with any incident or violation labor discipline there must be an appropriate paper from the authorities, with the signature of the head. If the director does not dare to take on such responsibility and sign obviously "leftist" papers, why should you testify against yourself? In many conflict situations, the only correct action is to refuse to sign anything.

How can an employee be deprived of wages?

Studying the labor code helps to find out that no fines can be imposed on the legal wages bosses are wrong. But there is one point, in some enterprises most of the salary is given in the form of bonuses, with a penny salary.

Perhaps, before the device, the employer promised a salary of only 20 thousand and a monthly bonus of 40 thousand rubles. These are just promises with no backing. Settling down, the employee "subscribes" not to the possible 60, but to the very real 20 thousand. And having fallen into disfavor, in such a situation, you can forget about acceptable wages for a long time.

On the other hand, no one will force you to “plow for two”, even observing all the formalities and legal tricks. So in this situation, harm will be done to both the enterprise and the employee. The only question is does it make sense such a confrontation.

Where to turn if the employer violates the rights of the employee?

With the help of your own strength, you can solve many problems, but sometimes you should ask for help:

1. To higher authorities. In many organizations, the structure is rather complicated, if the conflict did not arise with the very “tops”, the problem can be resolved without leaving the office. Success in this case depends on the degree of adequacy of directors.
2. to the labor inspectorate. The Labor Code regulates almost all aspects related to work activities. Many enterprises have their own "absolutely unique" employment contracts. And here, especially cunning employers have another problem, not a single such “hard” contract will be recognized if it does not comply with the Labor Code.
3. To the prosecutor's office. Even non-payment of salaries for 2-3 months is a criminally punishable act, and we may well talk about real terms.

You can file a claim directly with the court, but here you need to be well prepared. Every office has at least some legal department, so be prepared to confront the lawyers.

Today, there are levers of influence on those who are somewhat higher in the "hierarchical chain". Any attempt to survive from the workplace of a legally competent employee is doomed to failure and may even backfire with serious consequences for the management.

But sometimes it is easier to go to the world and resolve the conflict "amicably". Usually, if the authorities stoop to this level of manipulation, nothing good company no longer waiting in the future.

What can an employer do?

Regarding sanctions from the authorities, we can confidently say:

• Supervisor does not have the right to impose a fine on an employee.
• The director can deprive part of the bonus, this is in his authority.
• Reprimand and comments can be announced only if there are justifications in the form of documents certified by the authorities.
• Dismissing an employee is not easy at all.

Regarding fines, all hope should be placed on the fact that the management and accounting department will be too lazy to draw up everything correctly and confirm the fact of imposing a fine in some document. Considering the illegality of this act, you can safely contact the labor inspectorate or even the prosecutor's office.

In addition, criminal liability is provided for forgery of documents. You see your signature on any paper and are absolutely sure that you didn’t sign an autograph - enjoy new opportunities.

Not knowing whether the employer has the right to fine the employee, you can lose wages for years for absolutely far-fetched reasons. Sometimes it is better to make a strong protest once than to endure such injustice for years.

Video: Did your employer fine you?

In this video, lawyer Elena Matrokhina will tell you how to avoid fines from the employer, whether it is legal, and give some legal advice:

The economic crisis is making itself felt: employers are looking for ways to reduce their costs. And the staff suffers from it first of all. Some companies deprive employees of bonuses, others cut their "social package", and others even reduce salaries. There are those who even introduce a system of fines (for example, for being late). But are these practices legal? Let's figure it out.

You are deprived of the award!

Keep in mind that awards are different. They can be systematic (for example, make up part of an employee’s monthly salary), or they can be one-time, so to speak, “incentive” (the company decides to pay bonuses for a birthday, or for the high-quality implementation of a particularly important project, etc.).

Features of the payment of bonuses are usually prescribed in a collective agreement or a local regulatory act of the organization, for example, in the Regulations on Bonuses. The procedure for calculating and paying systematic bonuses is always prescribed there, but one-time bonuses are not always. If one-time bonuses are not mentioned in the Regulations on bonuses, then the company can quite easily not pay them. The same is true if “one-time” bonuses are indicated in the Regulations on bonuses, but it is stipulated that they are paid “at the discretion of the employer”.

Let us dwell separately on systematic premiums. As we noted earlier, such bonuses are regular and, in fact, are part of the salary. At the same time, the Regulations on bonuses often indicate the grounds for accruing such bonuses (for example, the profitability of the company's work, the employee's fulfillment or overfulfillment of the plan, etc.) and the conditions for calculating the bonus. Such bonuses are an integral part of the wage system (Article 135 of the Labor Code of the Russian Federation). And this means that if there are grounds for accruing a bonus (for example, an employee has fulfilled the plan), then the organization is obliged to accrue and pay him a bonus. And if she does not perform her duties properly, there are likely to be consequences. The employee through the court may demand the payment of a systematic bonus, as happened, for example, in the dispute considered in the Ruling of the Leningrad Regional Court dated March 21, 2013 in case No. 33-1294 / 2013.

In this case, by order CEO the company introduced a provision for the payment of bonuses in connection with the difficult financial and economic situation at the enterprise. After the order was issued, regular bonuses were no longer paid to employees. By order of the director of the plant, the bonus was credited to the reserve, promising to pay it if the financial situation improved. At the same time, the internal local act of the employer provided for the possibility of temporary non-payment of the bonus (its reservation) in connection with the difficult financial position. But, despite this, the court took the side of the employee, since the disputed bonuses were of a regular nature and were part of the employee's salary. And since the reservation of the bonus was made without notification and consent of the employees, the court considered its non-payment illegal.

Thus, the way the conditions for awarding bonuses are formulated is of great importance. In addition to the fact that an employee can go to court and recover an unpaid bonus, which is systematic in nature, in court, companies may also face fines under article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Can the company protect itself in such a situation?

Yes. To do this, you need to revise the Regulations on bonuses with familiarization against the signature of all employees. Of course, in the new Regulations, any mention of the bonus can be completely removed, but, you see, the abolition of bonuses will certainly cause massive dissatisfaction on the part of the staff and significantly weaken the zeal of employees to achieve production results.

Therefore, you can cheat a little. For example, in the new provision, work plans will be increased to volumes that no employee will ever fulfill for anything and ever. Or include wording that allows you to charge and not charge a premium. How is this possible? The wording of the text should be clear, but not contain a categorical requirement for the award of a bonus. For example, “according to the results of the profit received by the board of the company may be a decision was made on bonuses to employees for the year / quarter / month.

Thus, the bonus seems to be provided, and the decision-making body, and the indicators from which the accrual will be made. However, there is no obligation to charge a premium in this case. And the employer, without following complex procedures, will be able to reduce costs by canceling the bonus.

There is another way to deprive certain employees of bonuses. Introduce a system of "de-bonding". This is when, for certain actions, the employer can reduce the size of the bonus or completely deprive the bonus of a particular employee. But here one should be extremely careful with the wording. The fact is that, according to the fourth part of Article 192 Labor Code The Russian Federation does not allow the application of disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. List of installed labor law types of disciplinary sanctions, given in the first part of Article 192 of the Labor Code of the Russian Federation, does not contain such a disciplinary measure as depriving an employee of a bonus or reducing its size. Thus, the "bonus deduction" of an employee as a disciplinary sanction is unlawful.

At the same time, according to Article 191 of the Labor Code of the Russian Federation, bonuses are one of the types of incentives for employees who conscientiously perform labor obligations. The Regulation on Bonuses, which contains the grounds and conditions for accruing a bonus, may include such a condition as, for example, the absence of a disciplinary sanction in the period for which the bonus is accrued. In this case, the deprivation, or rather not the accrual of a bonus to an employee who has received a remark or reprimand, will be considered legal. And the courts confirm this (Appeal rulings of the Moscow Regional Court of July 22, 2015 in case No. 33-17710/2015, of the Chelyabinsk Regional Court of February 26, 2015 in case No. 11-1981/2015).

But even if a disciplinary sanction is not applied to the employee, the company, in the presence of the appropriate wording in the Regulations on Bonuses, may not accrue a bonus to him if this employee, for example, was late for work, did not do his job well. official duties etc. (Appeal ruling of the Sverdlovsk Regional Court dated July 16, 2015 in case No. 33-10215/2015).

We reduce wages

We immediately notice that it is not so easy to cut wages. She is prerequisite of the employment contract, and changing the terms of the employment contract is allowed only by agreement with the employee. In other words, a reduction in salary is possible only with the consent of the employee. To do this, it is necessary to draw up an addendum to the employment contract in writing, which must be signed by the employee and the employer.

Despite the apparent ease of this procedure, in practice everything is not so simple. In the event of a labor dispute, or when checking labor inspectorate- for the employer, adverse consequences are possible (restoration of the previous conditions of remuneration with the payment of the difference in earnings for the past time and penalties). Workers may insist that they were forced, under the threat of losing their jobs, to sign additional agreements that change the amount of wages. And the likelihood that the court in a labor dispute will take the side of the employee is very high.

In addition, labor inspectors may consider that changing the terms of an employment contract, in particular, reducing wages in a situation where all other working conditions remain the same, is unlawful. Example: an employee performs the same amount of work in the same conditions for a lower wage.

In order to avoid possible litigation and the attention of the labor inspectorate, in this situation, along with a decrease in wages, it is desirable to agree on a reduction in workload, job duties, or on a reduction in working hours.

But not every employee, especially in a crisis, will agree to a pay cut. Are there ways to reduce wages unilaterally, without the consent of employees?

Yes, there is one way. Article 74 of the Labor Code of the Russian Federation allows for the possibility of changing the terms of an employment contract when “organizational or technological working conditions” change. The Labor Code of the Russian Federation does not contain a closed list of organizational or technological changes in working conditions, in the event of which it is possible to adjust the terms of employment contracts. Therefore, the employer may be tempted to bring under this concept and economic crisis, and a drop in demand for goods, as well as a decrease in the number of orders, etc. However, such actions may be recognized by the court as illegal (Determinations of the Tverskoy Regional Court dated 16.01.2014 in case No. 33-173, Moscow Regional Court dated 14.09.10 No. 33 -17729).

But in this case, what can be attributed to organizational or technological change? Article 74 of the Labor Code of the Russian Federation provides examples of such changes (for example, changes in equipment and production technology, structural reorganization of production). Also, in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, another example is given: the improvement of jobs based on their certification.

In addition, the reasons for reducing wages, in our opinion, may include: the introduction of various forms of labor organization, a change in the management structure, a change in the mode of work and rest, a revision of the wage system or changes organizational structure companies with a redistribution of the load on departments or on specific positions, etc.

fines

The concept of "fine" in the Labor Code does not exist. Even if the employment contract that regulates the relationship between the employer and the employee contains a clause on the recovery from the employee Money, for example, for being late, then it is not legal, because it is contrary to the law.

Being late is a disciplinary offense for which the employer has the right to dismiss the employee, having previously given a warning and a reprimand. But if the employer punishes for being late with the ruble, then he risks being fined and brought to administrative responsibility.

In this case, it is preferable to introduce the “bonus deduction” system, which we wrote about above.

"Social package" has sunk into oblivion

Again, it all depends on the provisions of the collective agreement, local regulations. If the Regulation on Remuneration contains the obligation of the employer to pay, for example, the services of a fitness club in the interests of employees, then failure to fulfill such an obligation violates the rights of employees. However, as practice shows, labor inspectors usually do not fine employers for such a violation. But it is still desirable to revise the provisions of the collective agreement or local regulatory act, excluding from them obligations to employees that the company decided not to fulfill.

Is it legal that for the smallest infractions we are withheld from 10 to 40 percent of the salary?

It depends on what you mean by petty faults. For being late or smoking in the wrong place, you cannot be punished with a salary. But in more serious cases, the employer has the right to withhold money from the salary of employees. For example, if the employee is guilty of failure to comply with the norm, failure to perform official duties, in idle time. But such guilt must be recognized by the body for the consideration of individual labor disputes.

§ Part 3 Art. 155 and part 3 of Art. 157 of the Labor Code of the Russian Federation

In addition, you can make deductions from wages if the employee caused damage to the organization. However, for this it is necessary that he himself agree to the deduction or an appropriate court decision was made.

The remaining possible deductions are, so to speak, of a technical nature. For example, reimbursement of an unused advance payment, unspent money allocated for business trips, a refund of overpaid funds as a result of a calculation error, etc.

§ Art. 137 of the Labor Code of the Russian Federation

The total amount of all listed deductions cannot exceed 20% of the salary. However, in some cases, determined by federal laws, deductions of up to 50% are allowed. For example, when paying child support.

§ Art. 138 of the Labor Code of the Russian Federation

Probably, albeit occasionally, but every third citizen faced such a phenomenon as a decrease in wages. Why this happens, whether the employer has the right to do this, what the employee can do - we will try to answer these questions.

Salary and legislation

Before delving into the study of the legality of reducing or depriving wages, it must be said that wage issues, like other nuances labor relations, considers the Labor Code Russian Federation. Chapter 21 of the Labor Code is devoted to the procedure for accrual, payment terms, setting the size and other features and subtleties of remuneration.

Salary legal requirements

Of course, the Labor Code cannot provide for all the subtleties of calculating and paying wages for each enterprise of the Russian Federation, but it takes into account and regulates most of the issues related to the payment of labor relations, providing guarantees and protection not only to employers, but also to employees.

Salary

Every year on the territory of the Russian Federation, a minimum wage level or a minimum wage level is established, which is valid throughout the country. From July 1, 2017, the minimum wage level is 7,800 rubles. Below this amount, the employer is not entitled to pay the employee. True, there is a specificity: the minimum level is paid with a fully worked out norm of working time. Therefore, for example, an employee who works part-time (and according to the law, part-time work cannot exceed half the norm of work at the main place of employment) can receive half as much as other employees. And we are not talking about lowering salaries, but about remuneration for the hours actually worked.

Otherwise, the employer is free to calculate wages as he sees fit: independently set the amount of bonuses and other incentives, and so on.

In some regions, there is a district coefficient - this amount is also added to the salary.

Terms of payment of wages

According to the labor code, wages must be paid twice a month, and the interval between payments should not exceed fifteen days. The employer can choose the numbers himself, even the first and sixteenth day of each month, even the tenth and twenty-sixth, even the eighth and twenty-fourth, the main thing is to keep fifteen days between payments and make payments twice a month. The days of payment of wages must be indicated in the documents of the enterprise:

• collective agreement;
• employment contract;
• salary regulations;
• award clause.

- and in all others if necessary.

Regardless of whether the payment of wages is made to the employee’s plastic card, or is given to him in cash through the cash desk of the enterprise, even if there has been a decrease in wages, wages must be paid strictly on the day indicated in the documents of the enterprise. If the due date for payment of wages falls on a weekend or holiday, wages must be paid on the working day before.

Delay in payment of wages

You cannot delay the payment of wages. For each day of delay in payment, the employer must pay compensation to the employee, even if the salary was delayed through no fault of his. Compensation is calculated depending on the amount of delayed wages (even if wages were reduced), the refinancing rate of the Central Bank of Russia and the number of days of delay.

If the employer delays the payment of wages for more than fifteen days, the employee (if he is not a public servant, does not deal with saving the life and health of the population, as well as with dangerous work, which he has no right to leave) may stop going to work until the employer pays him off. In this case, of course, the employer will have to pay for downtime days.

If the employer delays wages, the employee may even write a letter of resignation on own will from any period, and the employer will be required not only to make a full payment on the day of dismissal, but also to agree to any period that the employee sets in the application. At the same time, the employer does not have the right to reduce wages upon dismissal.

Of course, these actions cannot be performed by the above category of workers, as well as by any workers, if the country has a military, emergency or other special situation.

The procedure for paying wages

In order to pay an employee wages, they must first be accrued. Everyone knows that an employee receives an amount in his hands, which always differs from the salary established for him. And the point is not in lowering wages, but in the fact that the income of employees is supposed to pay tax - as a rule, it is thirteen percent of the salary. In addition, alimony, overpaid wages (due, for example, to a mechanical error of the calculator), and other deductions can be deducted from the salary. But in addition to deductions to the salary, there are additions:

• bonus at the end of the billing period;
• seniority allowance;
• degree supplement;
• district coefficient;
• social payments;
• compensation for overdue salary payments.

The accrued wages of each employee are indicated in the payroll, after which it is signed by the head of the enterprise (or not signed if he has comments or additions), and only then, on the basis of this document, wages are paid: issuance in cash at the cash desk of the enterprise or sending the register employees and the amounts due to them, together with a payment order to the bank for transferring wages to plastic cards for employees.

The procedure for paying wages, its size, terms of payment and other nuances of remuneration of employees of the enterprise must be described in detail in internal documents enterprises. Moreover, each employee should have the opportunity to get acquainted with them.

Salary cut

According to the Labor Code, the employer does not have the right to establish such conditions that would lead to a deterioration in the position of the employee. This applies primarily to wages. According to the norms of the legislation, it is impossible to lower the salary level from the originally established level. However, there are some situations where an employer has the right to revise an employee's wage down and do so in a perfectly legal way.

Changing the terms of the employment contract at the initiative of the employer

The employer can make a reduction in wages if he restructures and / or reorganizes enterprises due to changes in organizational or technological working conditions.

In this case, positions, job responsibilities and tariff rates are reviewed - if the employer decides that the employee will have fewer duties in the new position, respectively, and he is supposed to pay less. Most often, this situation can be observed in schools and other educational institutions, where the recitation of subjects lasts for six months.

In this case, the employer must notify the employee about the reduction in wages two months before the date of the revision of wages. If the employee does not agree with this provision, the employer may offer him other available vacancies.

All changes in wages must be reflected in the Collective Agreement and other internal documents of the enterprise, while the procedure for making changes to the documents remains the same - for example, making changes to the Collective Agreement is possible only in agreement with representatives of the work team. If the employer makes changes to the Collective Agreement on his own and on the sly, his actions will be recognized as illegal.

Actual salary reduction

In the event that only the salary is indicated in the internal documents of the enterprise without any additional incentives or allowances provided, the employer has a completely legal right to stop paying these same bonuses and allowances.

That is, there will be no official reduction in wages - the employee will still receive his salary specified, for example, in the Collective Agreement, but in reality the amount of wages may decrease significantly.

Is wage forfeiture legal?

It happens that the employer simply does not pay wages to his employees, motivating this by the difficult situation of the enterprise, the fault of the employees, for which a fine is due, and the like. In fact, his actions are illegal - deprivation of wages under labor law is not allowed. Even if deductions are provided - alimony, compensation to the enterprise for material damage caused, and the like - the employee must receive at least half of the wages due to him.

An employee who was refused to pay a salary can apply to the labor commission and to the court.

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Deprived of salary

They deprived me of my salary by 20%, and after that they showed an order for excessive fuel consumption, but I did not sign it. Can you somehow get your money back.

Maxim law does not provide for deprivation of wages, if we are not talking about a bonus. You need to contact the prosecutor's office.

They accrued a salary, on the day the salary was paid, she received less, in the accounting department they said that they had deprived the premium for the sick leave by 100%. I didn’t sign the deprivation order, I wasn’t familiar with it, does the employer have to do this?

Hello) The conditions for bonuses are determined by the collective agreement, other local regulations, which indicate what the employee is rewarded for and what is not encouraged for. To answer your question, you need to familiarize yourself with the regulation governing the procedure and conditions for bonuses.

I was deprived of 100% of my salary for draining 8 liters of fuel from the bus, but I did not do this. Can I go to court to prove that I am not guilty and paid the salary in full?

What happened to you is illegal! Remind the employer about the criminal code and ask to pay money or otherwise go to court with a lawsuit and the police! Will return for sure!

Can the employer deprive the salary and vacation pay completely without notifying the employee about it.

Of course, it cannot deprive.

Hello, he has no right to neither notify nor notify, this is a gross violation of labor laws.

Does the employer have to deprive half of the salary, my husband for being late by 5 minutes, we have 4 children, the youngest will be 4 months old in two days, we sleep at night for 2 hours in turns, as teeth are climbing.

Being late is not grounds for withholding wages.

I was told that I can withhold 70% of alimony from my salary from my husband, and not 1/4. It is only necessary to request a certificate from his accounting department, is this possible!?

Hello! Alimony is withheld in the amount determined by the court. 70% is withheld if there is alimony arrears.

If there is a debt on alimony obligations, the bailiff has the right to impose penalties up to 70% on the debtor's income, if there is no debt, then 1/4 of the income is collected in accordance with the court order.

Maria, you do not confuse the maximum amount of possible recovery from wages, taking into account the debt, and the amount of alimony appointed by the court. This is one thing and this is another. Suppose the court exacted 1/4 of his salary from him, if he pays regularly and there is no debt, then there is no reason to collect more than 1/4, you can bring at least 20 certificates from the accounting department. At the same time, if there is a debt on alimony (which can be confirmed by various documents, including this certificate), up to 70% of the salary can be collected in total (current 1/4 + on account of the debt).

Can the manager kindergarten deprive salary immediately without verbal warning to deprive the first time by 50%? And with the deprivation of intensity by 50%, is the minimum wage immediately lost by 100%?

They cannot deprive the salary at all, if there are grounds for reducing the salary, an order must be issued, brought to the attention of the employee.

Lost wages by 100%. For the smell of alcohol. What to do?

Hello! Contact the prosecutor's office and the labor inspectorate with a complaint.

I was told that I was deprived of my salary for two shifts of not going to work. Although I left one shift, they moved me to another day.

You can file a complaint with the labor inspectorate. She will check. The application is made in free form.

Complaints must be filed with the Attorney General.

Please what can I lose in salary if I was on parental leave up to 3 years old and on my workplace took the girl in view of that before my exit from parental leave. I have to go to work now, and I found out that the girl is pregnant and, as I understand it, they have no right to fire her, what will happen to my salary, if I was hired (I can’t lose it) and there was also an order to combine it with a load of 4 hours a week (this can be taken away from me) or according to the law I should not lose anything in my salary?

The combination can be taken away from you, the rest of the salary is not subject to change.

So I work for a bread factory, I went to receive a salary, and we were told that the entire brigade was deprived of a bonus and 5% of the salary, for supposedly the marriage of baked bread, although there is no order! can they do that?

Hello Denis! Of course, the Marriage Act must first be drawn up, approved by the leadership, and then an order is issued on disciplinary punishment of the perpetrators and everyone concerned must be familiarized with the order against signature. This is arbitrariness.

Help please, tell me please I was deprived of my salary and fired, I worked in five! Dismissed for not meeting the requirements, I called hotline Pyaterochka and told what was going on there, the deputy director was allegedly deprived of a bonus of 10,500, I was called under the pretext of getting a salary, I was afraid that they would beat me, and wrote a receipt to leave there what I would give! What should I do, at the same time they left me without a penny, and still owe me! What I wrote was filmed on camera.

Question Dismissed under what article? What is indicated in work book?

Can the boss deprive an employee of length of service and 13 salaries based on dislike for the employee. An employee at this enterprise has worked for 11 years and has a positive reputation, in contrast to the boss, who has worked for six months and has proven himself not with better side. Where should I go for this issue?

On the basis of hostility to deprive the award is unacceptable. On this occasion, you need to contact the labor inspectorate or the court, since there is an individual labor dispute.

For what sins does the boss have the right to deprive an employee of 13 salaries? Especially if you have already deprived the award?

There must be a withdrawal order. See orders and regulations on bonuses.

Good afternoon! Each organization has a Regulation on remuneration, a provision on bonuses, a collective labor agreement and other local legal acts. You need to look at them - for what sins they can deprive bonuses, 13 salaries, etc. And we cannot know your internal regulations, - art. 8 of the Labor Code of the Russian Federation. And the reason must be indicated in the Order.

Do they have the right to deprive a state enterprise of bonuses and the 13th salary for being late for work for the only time in 2 years?

Anna, hello! The question for your answer is contained in the local regulatory act of the employer (state-owned enterprise). The employee has the right to said document familiarize. I would also venture to suggest that being late for work in itself will not entail non-accrual bonuses (the 13th salary). In practice, usually non-accrual of a bonus can be if, for example, an employee was subjected to a disciplinary sanction for being late for work. It also happens in practice that before the New Year disciplinary action(for minor misconduct) employers remove (bonuses, respectively, accrue). Warning (in pursuance of the Rules approved by the FPA of the Russian Federation (Minutes No. 7 dated September 28, 2016)) - the legal information provided above is not legal advice. Seek legal advice and drafting of documents from a lawyer. If you would like more detailed advice on this issue, or you have another question, you can contact me or another lawyer of this site in the chat. Chat services, as well as document preparation services, are provided for a fee.

Husband pays child support. There was a case when they accrued 13 salaries, deprived of half for something there, and only then calculated the alimony. Whoa is right. Or how?

Irina, hello! My husband had a fine, I understand correctly?

I was completely deprived of my salary. Is it legal?

No, it's illegal to withhold your entire salary.

Hello! Of course not, write a complaint to the prosecutor's office.

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee. When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages. The restrictions established by this article do not apply to deductions from wages when serving corrective labor, collecting alimony for minor children, compensating for harm caused to the health of another person, compensating for harm to persons who have suffered damage due to the death of a breadwinner, and compensating for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent. (Article 138 of the Labor Code of the Russian Federation). They cannot completely deprive you of your salary, it is illegal.

Please tell me whether it is worth filing for alimony if the ex-husband is constantly deprived of half of the salary, for drinking ..? Gets practically nothing. Alimony in this case are counted until deprivation? Will I get anything at all...?

Greetings. Alimony is calculated from the received real income.

In 2013, I was deprived of my family. rights. Now they want to collect 1/6 of my salary from me. How to ask the court to do it informally. I just got a job Good work, on the probationary period. I'm afraid, having learned about the alimony, they take me away or leave myself, so as not to submit.

Hello, unofficially, nothing will work out, it is useless to ask the court about it.

Ask the father of the child after the trial not to submit a writ of execution to the bailiffs.

Elena, there is nothing shameful in collecting on a writ of execution. It cannot be grounds for dismissal. The court cannot "do informally". The court must make a decision. At the same time, you can pay them on your own without sending a work sheet to you, you can ask the claimant about this.

If I do not pass the medical examination on time, can I be deprived of my salary.

This fact cannot serve as a basis for deprivation of wages! Amounts that can be deducted from an employee's salary legal grounds can be conditionally divided into three groups. Deductions that are made regardless of the desire of the parties This type of deduction mainly includes taxes, primarily personal income tax. Withholding these amounts from the employee's salary is prescribed in the Tax Code of the Russian Federation and is carried out regardless of the consent of the employee and the desire of the employer. This also includes deductions made on the basis of writ of execution and court decisions that have entered into force. This also includes payments for alimony, compensation for material damage in favor of third parties. Deductions that the employer makes by his own decision The decision to carry out this type of deduction can be made by the employer only if the deducted amounts will be deducted in his favor. The list of situations in which legal deductions from wages are possible is prescribed by law: deduction of a previously paid advance, provided that it has not been worked out; reimbursement of payments accrued to the employee due to an error in the calculations; withholding vacation pay in the event of termination of the employment contract, provided that the employee had previously taken the vacation due to him in advance; compensation for material damage to materially responsible persons, to the extent specified in the legislation. All the reasons why an employer can legally deduct from wages are spelled out in article 137 of the Labor Code of the Russian Federation.

Does the employer have the right to deprive the entire salary.

Hello! If the employer fails to pay all wages, it is considered that the employer caused damage to the employee. According to Art. 235 of the Labor Code of the Russian Federation, an employer who caused damage to an employee's property compensates for this damage in full. The employee's claim for damages is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the decision of the employer or does not receive a response within the prescribed period, the employee has the right to go to court.

Does a school principal have the right to deprive a teacher of a salary and on what grounds?

If we are talking about the deprivation of the bonus, in this case, see the Regulation on bonuses, and orders must also be issued in case of deductions of salary. For example, in compensation for material damage, if the person is financially responsible.

At work, I was deprived of my salary, although I receive the minimum wage legally.

Good evening, Irina! Not paying wages for your time worked is not legal in any way. The employer is obliged to pay wages to the employee at least 2 times a month (Article 136 of the Labor Code of the Russian Federation).

Not legal! File an appropriate complaint with the prosecutor's office at the location of the employer ... Federal Law "On the Prosecutor's Office of the Russian Federation" dated 17.01.1992 N 2202-1 ( last edition). Article 10 ""one. Applications, complaints and other appeals containing information about violations of laws are allowed in the bodies of the prosecutor's office in accordance with their powers. The decision taken by the prosecutor does not prevent a person from applying to the court for the protection of his rights. A decision on a complaint against a sentence, decision, ruling and ruling of a court may be appealed only to a higher prosecutor. ""2. Applications and complaints, other appeals received by the prosecutor's office are considered in the "order" and "terms" established by federal law. 3. The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing the decision, as well as the right to apply to the court, if such is provided for by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice those who have committed offenses. ""five. It is prohibited to forward the complaint to the body or official whose decisions or actions are being appealed.

Can I be deprived of my salary if I receive the minimum wage.

Dear Irina For a correct answer to your question, it is necessary to clarify - who and for what is going to deprive you of your salary? If we assume that these are bailiffs, then according to Art. 98 FZ of 10/02/2007 N 229-FZ (as amended on 08/03/2018) "On Enforcement Proceedings" when executing a writ of execution, a debtor-citizen may be withheld not more than fifty percent of wages and other income.

Can they lose wages if an emergency occurs? But the outcome of the case did not entail serious consequences for the children.

The labor law does not provide for disciplinary punishment deprivation of wages, so the answer to your question is NO.

The deprivation of wages is not provided for by the labor code, they can only deprive you of bonuses and recover damages in the amount of no more than average earnings (Article 241 of the Labor Code of the Russian Federation), if an agreement on full liability has not been concluded with you.

Hello, a site visitor in your case, no deprive of wages can only apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds.

The salary consists of a salary and a bonus, they constantly deprive a part of the bonus of 5-10% for all sorts of nonsense, for example, checking the knowledge of traffic rules (transport company), did not pass the exam on tickets (as in the traffic police), they deprive how much this is all legal, already tired.

The eligibility depends on the award clause. It must indicate the grounds for not accruing a bonus. Study it (Article 8, 135 of the Labor Code of the Russian Federation) In general, the bonus is an optional part of the salary. Those. it's not a salary. It can either increase or decrease.

Article 192 of the Labor Code of the Russian Federation contains a final list of disciplinary sanctions and there is no fine. And the procedure for bringing to disciplinary responsibility is given in article 193 of the Labor Code of the Russian Federation. Reason for complaint State Inspectorate labor and to the district prosecutor's office in accordance with Article 10 of the Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation": about breaking laws. The decision taken by the prosecutor does not prevent a person from applying to the court for the protection of his rights. A decision on a complaint against a sentence, decision, ruling and ruling of a court may be appealed only to a higher prosecutor. 2. Applications and complaints, other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing the decision, as well as the right to apply to the court, if such is provided for by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice those who have committed offenses. 5. It is prohibited to send a complaint to the body or official whose decisions or actions are being appealed. However, if in the provision on bonuses the size of the bonus depends on the results of passing exams, etc., then the payment of the bonus does not fully fit into the framework of the law.

First of all, you need to familiarize yourself with the regulation on wages and bonuses. This is a local normative act, which is adopted by the employer in accordance with Article 8 of the Labor Code of the Russian Federation, and you, in accordance, have the right to familiarize yourself with it. Therefore, it is impossible to answer your question unequivocally without knowing the pay system in your organization. I fully admit that the awards are deprived illegally. You can fight this by filing a complaint with the labor inspectorate or by going to court.

According to Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established employment contract in accordance with the current remuneration systems of the given employer. Wage systems, including rates tariff rates, salaries ( official salaries), surcharges and allowances compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are installed collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Therefore, the bonus may be included in the leaving salary. Award conditions are set by the local normative act enterprises. The premium may be withheld, but only under the conditions established by the regulation on bonuses. In any case, the salary cannot be less than the minimum wage (11,163 rubles).

Hello, it all depends on the circumstances and on the conditions that should be contained in the Regulations on bonuses. The main point that the employer needs to take into account, choosing the employee’s deprecation as a censure, only if there is a documented fact of violation of labor discipline. Failure to comply with the terms of the contract. legally justified. Any case of deprivation of the award without the presence of this document will be illegal-illegal. The labor legislation of the Russian Federation makes it possible for an employee who considers the non-payment of a monetary bonus to be an unreasonable action, within 3 months after the issuance of the relevant order that infringes on his rights, to appeal against the decision to deprize the bonus to the court or to the State. labor inspectorate. To deprive a person who has violated discipline, financial incentives(premiums) according to the law is possible only within one calendar month from the moment of committing the misconduct and the fact of its official registration Art. 3 of the Labor Code of the Russian Federation. Article 3. Prohibition of discrimination in the sphere of labor See Encyclopedias and other comments on Article 3 of the Labor Code of the Russian Federation Everyone has equal opportunities to exercise their labor rights. Nobody can be limited in labor rights and freedoms or receive any advantages based on sex, race, color, nationality, language, origin, property, family, social and official position, age, place of residence, attitude to religion, beliefs, belonging or non-affiliation to public associations or any social groups, as well as from other circumstances not related to business qualities worker. The establishment of differences, exceptions, preferences, as well as the restriction of the rights of employees, which are determined by the requirements inherent in this type of labor, established by federal law or are due to the special care of the state for persons in need of increased social and legal protection or established by this Code or in the cases and in the manner provided for by it, in order to ensure national security, maintain an optimal balance labor resources assistance, as a matter of priority, in the employment of citizens of the Russian Federation and in order to solve other problems of internal and foreign policy states. Persons who believe that they have been discriminated against in the sphere of labor have the right to apply to the court for the restoration of violated rights, compensation for material damage and compensation for moral damage.

Hello. You are a little off the mark. In this case, you need to look at the provision on bonuses, Art. 8 of the Labor Code of the Russian Federation, which should be in your organization. Unfortunately, no one here will give you an unequivocal answer as to how legitimate this is.

For non-compliance job description the employee was deprived of the bonus. Can the salary be lower than the minimum wage in this case?

Hello Irina. Minimum wage - it means statutory RF is the minimum that each of the employers is obliged to pay to their employees for the month worked. According to the current legislation, each of the employers does not have the right to pay their employees wages below the established minimum. Consequently, the minimum wage will be brought to the subsistence minimum, that is, everywhere and for all categories of workers. The bonus is other accruals and has nothing to do with basic earnings.