Failed projects, missed deadlines, failure to complete tasks, subsequent negative feedback from clients, a damaged reputation, damaged relationships with a partner, low quality products, defects - the basis of all these unpleasant incidents and facts lies in a mistake or wrong action (inaction) of an employee.

Of course, no one is immune from mistakes, but in order to minimize the consequences and, most importantly, avoid similar situations From now on, employees will have to... be punished. We will talk about how to do this effectively for both the employer and the employee in the next post in the HR series.

Main types of offenses

First of all, it is necessary to divide all misconduct into two groups: those relating to the rules of behavior at work, and those that can be characterized as failure to fulfill one’s direct duties.

The first is based on violation of discipline, internal rules labor regulations and other local regulations. As an example, being late for work, smoking in places not intended for this, showing up at work while intoxicated, being absent from the workplace without good reason for a long time, etc.

The second category of mistakes is everything related to the employee’s functions and their incorrect performance: rudeness towards clients (especially if customer focus is one of the manifestations of your company’s mission), failure to comply with the regulations for completing a task, resulting in the client’s dissatisfaction (for you this is primarily total lost money and reputation) and so on. Of course, both categories of errors are closely related - being drunk makes it difficult to communicate normally with a client :)

Why and how can you punish employees? First of all, you need to understand the situation and the reasons for the erroneous behavior. If an employee was not taught how to complete a task, was not given a deadline and priorities, and was not provided with the necessary resources, it is not his fault. Here questions arise mostly for his immediate supervisor. For example, the company has developed a promotion for clients, now each of them must be upsold additional service at low price. The quality control department noticed that one of the managers, while conducting the transaction, did not even offer it to anyone. It’s as easy as shelling pears to punish an employee. But if you look at it, the manager who did not announce the new conditions at the planning meeting or posted an announcement on the department’s information board should be punished.

In general, in order to punish, you need a good reason. If there is a regulation for performing a certain task and there are indicators of its completion/non-fulfillment - then everything is simple, we checked the sequence of actions of the employee with the regulated one, found the differences - you can and should punish. There are no regulations, which means it is impossible to completely determine whose specific mistake it is.

Such things may relate not only to functionality, but also to discipline. For example, you have a storekeeper in your company who works on a shift schedule; this schedule is suddenly changed, he simply confuses the time and does not go to work on time. According to the law, he can be punished only if he was familiarized with the new shift schedule against signature at least a month before its introduction. There is no other way.

Of course, this is more applicable in large enterprises where there are separate legal departments that monitor compliance with the law on both the employer and employee’s part. Naturally, the law should also work in small enterprises.

What does the code say?

Now let's look at how and why workers should be punished in accordance with the Labor Code of the Russian Federation.

Let us turn to Chapter 30 “Labor Discipline”, Articles 192 - 195.

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1. comment;
2. rebuke;
3. dismissal for appropriate reasons.

Grounds for dismissal may include the appearance of an employee at work in a state of toxic intoxication, disclosure of trade secrets, theft, embezzlement, violation of labor safety standards that entailed serious consequences (industrial accident), etc.

There is also this interesting point - grounds for dismissal as a disciplinary sanction - making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization

This also includes all actions that give rise to a loss of confidence in the employee. All cases, of course, are very individual and require detailed consideration - usually in such cases a special commission is created that carefully studies the situation and makes a decision on the fate of the employee in the company.

By the way, use is not allowed disciplinary sanctions not provided for by federal laws, charters and regulations on discipline. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

There is a certain procedure for imposing, as well as removing and appealing a penalty - this is also described in detail in the legislation.

As for such types of penalties as reprimand and reprimand, the definitions and grounds are not so strict. If you can be fired for repeated failure to fulfill your duties, then a reprimand can be made on the basis of one such case. If the consequences of a one-time action (inaction) of the employee were serious enough (the employer decides), then a reprimand is issued.

We can also mention such a phenomenon within the framework of violation of duties as absenteeism. Absenteeism is understood as absence from the workplace without good reason for a long time (more than four hours in a row) during one working day (one shift). Absenteeism, by the way, can be grounds for dismissal as a disciplinary sanction.

Is it worth “punishing with the ruble”?

Thus, according to the law, an employee can be punished in three ways - reprimand, reprimand and dismissal. In practice, many Russian companies use such a method of punishment as a fine. Let's figure out where and how you can use it.

Let's start with the fact that there is no concept of “fine” in the Labor Code. This means that its use is illegal, so it is better not to advertise fines, but to turn them into “deprivation of bonuses” that are convenient in every sense. To do this, we need, first of all, a clear bonus system, which should indicate the grounds for payment of the bonus and the grounds for its deprivation. If such a system exists and it works, it motivates employees well and gives no reason to doubt the legality of the “deprivations.”

It must be said that in the concept of modern management, according to which the main and main resource of a company is its personnel, the fine does not fit in, being a clear demotivator, and therefore, in the long term, a factor negatively affecting work efficiency. Let me explain. If an employee is late for work, the easiest way of punishment that comes to mind is to fine him. It’s like spanking a child when he in a store with tears asks to buy another toy - it acts instantly, the child falls silent in fear, everything is beautiful and smooth. So is the fine - even if it is small, 100-200 rubles, then it is not so scary for the employee, but tomorrow, and for the rest of the week, he will definitely not be late. Or he will bribe the security guard so that he does not note his lateness. Or it will be more sophisticated to lie about a cat in a tree or a fire in grandma’s apartment.

Of course, this is not about turning a blind eye to being late (or buying everything for children at their request). Because of the misconduct (lateness in this case), the employee should feel ashamed and uncomfortable. You can, for example, be required to write an explanatory note. Moral punishment works great - this is psychology, no one wants to look bad. And a fine - punishment with money - is, first of all, humiliation. What will a person do if he finds himself in an uncomfortable situation at work and is ashamed of his misconduct? That's right, he will try not to repeat the actions that led to this.

What will an employee do if he is offended or humiliated at work? He will start looking for another place and sooner or later he will leave. And large fines, for example, have a bad effect on the efficiency of work as a whole - who would want to work to the fullest, tearing apart competitors with their teeth, if your mistake will cost a quarter of your salary? By the way, continuing the example with the child - the spanking in this case is an example of the manifestation, first of all, of the parental state “I don’t know what to do”, “I don’t know how to make you shut up” - an emotional impulse. Just like a fine, this is a manifestation of managerial incompetence - “nothing works,” “we don’t have punishment rules,” “I can’t influence you.”

It is clear that punishment needs to be done. Good behavior (exceeding the plan, brilliant completion of large projects, etc.) needs to be positively reinforced, and bad behavior (missing deadlines, failing negotiations, ignoring a task) needs to be negatively reinforced. Too a large number of freedoms, democracy in the company, ignoring unwanted behavior inevitably leads to chaos: everyone does what they want, and no one is responsible for it. It is impossible to control without control levers. But the system of bonuses (and deprivation of bonuses), like the system of punishments, must be clear, understandable for all its participants, humane and carefully thought out.

Instead of a conclusion

So, in order for punishment to benefit all interested parties, the following is needed.

1. A clear bonus system - so that the employer himself understands how to deprive bonuses.

2. This system must be understandable and accessible to every employee. On the corporate portal, in your personal account, on the information board, at the planning meeting - it is imperative to say what and how we will punish. It often happens that an employee learns about the deprivation of a bonus only on payday. It is clear that this situation gives rise to anxiety in the future - work efficiency decreases.

3. Regulations of actions for the main tasks - so that it is clear what exactly and who can be punished for.

4. For one offense - one punishment. If an employee is late for work and writes an explanation, there is no need to call him to your office and reprimand him for being late. Pick one thing.

5. The offense and punishment must be adequate to each other. If a sales representative turned off his work phone for one hour, but none of the clients called him during this time, you can limit yourself to a remark. Maybe he indicated to them in advance that “I will not be available.” But if it was rush hour, clients called about important issues, but could not get through - a reason for deprivation of the bonus. The situation may be the opposite - if absenteeism with serious consequences is recorded (reputation suffers, a major client is missed) or there is an undermining of the manager’s leadership (“I will not complete the assigned tasks”), it is better to fire such an employee without hesitation. A reprimand and a reprimand are unlikely to help here.

6. And one more thing - when punishing an employee, do not forget to give him feedback. Talk to him and find out the cause of the error. “Why did this happen?”, “What could you have done to prevent this?”, “What will you do to prevent this from happening in the future?” “How will we punish you if this happens again?” The questions are simple, but you need to make it a rule to ask them to the employee when analyzing erroneous situations.

Trusting relationships, honesty on both sides, the desire to understand the situation gives the employee a desire to achieve more and work better. Fines, humiliation, only negative feedback, the inability to explain one’s position - and such an employee will begin to work ineffectively.

Great guys will leave, you will fire the bad ones yourself, and the mediocre opportunists will remain, who will show the corresponding results. To prevent this from happening, build a dialogue with the employee. Punish effectively: employees will work better, and your company will be more successful.

High conversions to you!

Daria Khoromskaya,
Head of HR Department at LPgenerator

Fines at work are a controversial matter. Sometimes it seems that the employer considers the punishment to be a ruble - the best way motivation, and is ready to develop a system of fines for literally everything. The reason for the fine may be lateness, failure to complete a task on time, smoking, violation of the dress code, obscene language, and so on. But sometimes it comes to absurd examples. And employees react differently to the introduction of fines: for some it will really spur them to work better, but for others it will make them angry and be the last straw.

Attitude towards fines

Employers are struggling with the problem of labor productivity, but not all methods of motivation are based on rewards for merit. Many Russian employers consider the practice of “carrot and stick”, seeing fines as a panacea and believing that depriving an employee of part of his salary is a justified measure, and the “carrot” will not be so sweet without a fine.

The attitude of workers towards penalties is very different: some correct themselves, while for others the fine reduces their productivity and loyalty to the employer.

But whatever your opinion different sides, The Labor Code has only one opinion - the correct one.

Does the employer have the right to fine?

Relations between employee and employer are regulated by the Labor Code of the Russian Federation. A disciplinary sanction can be imposed for a disciplinary offense, but the employer's options are limited. There is a clear list of such penalties.
According to Article 192 of the Labor Code of the Russian Federation “Disciplinary sanctions”, the employer can punish the employee in word, deed, but not a fine!

“For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal for appropriate reasons.”

Not a word about a fine. This means that fines are illegal!

Possible, but in completely different cases .

Article 238 of the Labor Code of the Russian Federation “Financial liability of an employee for damage caused to the employer” states: the employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.

Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excess payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

And yet, many companies circumvent the law: instead of a fine, they use a bonus deduction system. If an employee’s salary is divided into salary and bonus, part of the bonus may be deprived. Although, in essence, depreciation is the same as a fine. This is especially easy to do if the employee is not officially registered at all.

Penalty rating

It seems that each of us has been fined at work at least once in our lives. Or our relative or friend. It all depends on the demands and originality of the leader. But, of course, there are top fines that break all records in frequency.

Julia: “At our last job, we had a “penalty box”: 60 minutes of being late – nothing, beyond that – every extra minute cost 3 rubles.”

Anna:“I have a very bad habit: I’ve been late all my life... To school, to college, to work.
And one day my boss got fed up with it (no one was late except me). At the meeting, he said: “We have some problems in our company, including some employees being late. WITH today fine for every 15 minutes – 500 rubles.”

Natalia:“I worked as a sales consultant in a shopping center. The administration of the shopping center (not even my immediate boss) strictly ensured that sellers did not leave the boutiques on their business during non-lunch hours. One day a friend came to visit me and I had to go outside. Literally for 5 minutes. These 5 minutes cost me 1,000 rubles from my salary.”

Fines for smoking

Oleg:“Many companies have apparently come up with their own continuation of the phrase “Smoking is bad for your health” - “Smoking is bad for your wallet.””

Vladimir:“The fine for smoking is 500 rubles. You can’t hide anywhere – there are cameras everywhere. And at the end of the month - a surprise. More than 10 smoke breaks per day – 200 rubles.”

Step left, step right - execution

There is a whole group of fines for “distracting maneuvers”.

Elena:“It was forbidden to talk on a mobile phone in the office. There was a $50 fine for this. You couldn’t even keep your phone on the table in vibrate mode; it had to be turned off and in your bag.”

Ivan:“I was fined 5,000 rubles for using VKontakte at work. It’s good that they deducted it not from the salary, but from the bonus.”

Paul:“I was fined for an obscene word written on a corporate forum.”

Sensiva: “We have fines for everything. Late by 15 minutes – 900 rubles, by an hour – 1,200 rubles. If you didn’t show up for work, didn’t give notice on time and you don’t have a certificate – 6,000 rubles. Going out to smoke outside of a break or going outside to get some air is also a fine. Moreover, half of the fines are not issued, so I think everything goes to the boss. If you don’t answer the call, that’s also a fine; you write it on a blank piece of paper, not on a draft - a fine. So everyone has fines of up to 5,000 rubles a month!”

Nikolay: “The fine is one-time, but significant. For example, for sitting on Odnoklassniki, for listening to music, for drinking coffee at the wrong time. Fines range from 5 to 40 Baku... As they say, they introduced a system of fines at our work, and I bought myself a subscription.”

Ridiculous fines

Some examples of fines are simply absurd.

Kate:“We had a “draft rule”: when you throw away a piece of paper, it must be torn into at least 8 pieces. No one, of course, counted, but one boss was deprived of his bonus for simply crumpling his drafts.”

Yana:“My friend works for a Japanese company in Moscow. That's how they do it You cannot overwork and stay at work after 18:00, otherwise - a fine."

Alyona:« The girl secretary needed to keep an eye on appearance employees. A mandatory point is a clear head. If the requirement was not met, the person was sent home for ablution, and absenteeism was added to the report card.”

Eugene:“I work in a famous restaurant. They decided to fine me for absenteeism (1,000 rubles), also for chewing gum at work (100 rubles) and for buttering the bread before frying, and not after (300 rubles).”

Ilya: " At my work I get fined for every little thing. For example, for an employee asking about his income (5,000 rubles) after two weeks of work in production. Or for not flushing after yourself in the toilet (1,000 rubles). For being late – 1,000 rubles. For loss of a pass - 3,000 rubles (not a document, but a simple photocopy worth 10 rubles), for smoking - 3,000 rubles. And a lot more for what! Although the salary there is 15,000 rubles a month! I work as a loader."

The main problem of the fine system is that, for the most part, employees are not ready to fight it, even realizing that it is a violation of the law. The employer achieves its goal: high level disciplines. But the use of such a motivation system leads to the fact that disciplined performers remain in the company, while proactive and creative people don't linger.

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No matter how much we are against it, fine systems are widely used by many employers. The reasons for “tightening the screws” are varied: fines can be applied for being late, for smoking unspecified location or, in principle, for the very fact of smoking, for failure to fulfill a sales plan, for violating the dress code, ignoring the instructions of the boss, leaving the workplace prematurely... By the way, today anyone at work can be punished with rubles for anything. One gets the impression that employees of organizations where a fine system is used even have to ask to go to the toilet.

Whether to work in such conditions or not is everyone’s choice – it all depends on how much your pride allows you to do so. Another question is the legality of the application of such sanctions by the employer. But it just raises serious doubts, because in labor legislation, despite lobbying of the issue by the leaders “ new formation»since the early 00s and the adoption of the Labor Code, Norms were never introduced allowing employees to be fined. Meanwhile, this stops few employers - financial demotivation systems are stable and work like clockwork. Careerist.ru figured out how it works and in what cases fines are really illegal.

Legal deductions

Let's start with the fact that the employer has the right to apply to the employee legally. These, however, are not penalties at all, but, to be correct, deductions from wages. So, in addition to taxes, the employer has the right to take deductions from your salary according to writs of execution and other enforcement documents sent to him by bailiffs - these are administrative fines, debts on utility bills and loans, alimony, and other debts. In addition, by virtue of Art. 137 of the Labor Code, the following can be deducted from an employee’s salary at the initiative of the employer:

• the amount of unpaid advance;
• unused travel allowances;
• amounts excessively accrued due to accounting errors;
• the amount of compensation for used vacation, which was received on account of the calendar year not yet worked;

It is interesting that this article does not allow the specified amounts to be withheld arbitrarily - the employee must agree to the withholding, otherwise they are possible only through the court.

The third category of legal deductions from wages is deductions related to direct actual damage caused to the employer in cases where labor or collective agreement the employee or team is assigned financial responsibility. Under such damage, according to Art. 238 of the Labor Code refers to a decrease in the employer’s property, a deterioration in its condition, as well as the emergence of a need for expenses aimed at restoring property. Such damage, by virtue of Art. 248 of the Labor Code, is reimbursed by the employee or team by order of the employer, that is, directly by his order. Penalties in this case cannot exceed the average monthly salary, which constitutes the limits of the employee’s liability, according to Art. 241 TK.

Hit the premium

However, employees’ salaries rarely consist only of a fixed salary - in the vast majority of cases, the lion’s share of the salary is made up of bonuses, the payment of which is tied by an employment or collective agreement to the achievement of specific indicators or compliance with labor discipline. Since labor legislation does not prohibit this, such bonuses become a real field for employer fines - by including them in your salary, the office management leaves itself “room for maneuver” with your salary. “A blow to the bonus” is quite legal from the point of view of the Labor Code and can be used for lateness, early leaving work, failure to meet production standards, failure to fulfill a plan, violation of deadlines established by the employer, etc.

Some offices use flexible systems of “deductions” from the bonus, depending on the degree of payment fulfillment, the total time of delays during the month, the number of clients accepted or contracts concluded, etc. Conditions for bonuses and deductions from bonuses can be standardized internally regulatory documents– such a system can well be called transparent. Another question is if such a system is not recorded anywhere... However, deductions from the premium, referred to as penalties, can be applied even if the established requirements are met. The fact is that the bonus is always paid from profits: no profit - no bonus.

Fines as fines

Any other fines referred to in the employment contract are really like fines or material penalties of a disciplinary nature are prohibited by law. Article 192 of the Labor Code defines an exhaustive list of disciplinary sanctions, the application of which to one’s own personnel is permissible. These include reprimand, reprimand and dismissal - the employer is not given the right to withhold funds worked by the employee . However, the widespread use of bonus systems, envelope schemes and the use of civil legislation to labor relations make punitive measures very common.

Thus, receiving a salary in an envelope gives the employer “all the cards”, because in this case its payment is not officially recorded anywhere, so it will not be possible to physically prove the fact of payment, and therefore the deduction of a fine. In this case, workers are absolutely not protected - the law remains on their side, but the lack of evidence of the existence of an employment relationship does not allow the employer to be held accountable.

Cases of formalizing labor relations through the conclusion of civil contracts, for example, through the conclusion of a work contract or a contract for the provision of services, deserve special attention. The regulation of such relations is carried out not by Labor, but Civil Code. But it does not prohibit the application of fines to the party to the contract that violates its obligations. So, if you, as the performer of the work, have not fulfilled any terms of the contract, and he himself has provided for penalties for this, do not doubt that the employer will do them. Another question is whether it is worth working for him.

Please note that if such collections are not stipulated in the contract, then the employer does not have the right to make them arbitrarily - in this case, deductions are permissible only through the court. Naturally, the employer will not comply with this requirement and will fine you of his own free will, as is always the case, regardless of the conditions and under what contract the cooperation takes place. In this case, contact law enforcement agencies the employee will have to.

What to do?

Having noticed an illegal deduction from your salary, you should not immediately blame the employer - perhaps the deductions are indeed legal. To do this, you should contact the company’s accounting department, perhaps even in writing, in order to receive a detailed written answer. If the deductions in it are not due to the requirements of the executive document, and the accounting department refers solely to the order of the manager, you should contact him. Moreover, preferably also with a written statement, which should reflect not only a request to explain the essence of the penalty, but also justify its illegality by referring to specific norms of labor legislation. If you are unable to draw up such a statement correctly on your own, contact a lawyer or trade union.

Naturally, management is aware of the penalties that are made on its orders. And if the grounds for them do not comply with the law, you should not expect management to refer to them in an official response. In this case, the accounting department will receive an order to return the withheld funds, or the management will write a very vague dubious wording in the response, or even refuse to provide a response.

If the money has not been returned, the issue of its return is fundamental, and the employee is not afraid of losing his place of employment - he needs to boldly contact the labor inspectorate and the prosecutor's office. At the same time, in your application, do not forget to refer to the fact that you do not want your identity as an applicant to become known to the employer. Supervisory authorities will carry out the necessary checks, most likely reveal the fact of illegal deductions, issue the necessary orders for the return of the taken money and fine the employer. How far you are willing to go in protecting your labor rights depends entirely on you and your determination.

But when deciding this question, remember that you should not expect anyone to respect your rights if you yourself are not able to protect them.

Today, many companies use the practice of penalties, punishing employees for even the smallest offenses: short absence from the workplace, breaks in work at any time other than legal rest for meals, being late, smoking breaks in the wrong place, etc. The lower position, the higher the likelihood of receiving a fine. But many workers have a question: are such actions legal?

Labor legislation Russian Federation regulated by the labor code and other regulations. And only these legal norms should be subject to the actions of each enterprise. According to Art. 192 of the Labor Code, “the employer has the right to apply the following disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds.”

Violations that can be classified as a disciplinary offense, according to the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, include:

• absence of an employee from his/her workplace without good reason;
• employee's refusal to perform his duties job responsibilities without specifying a valid reason;
• refusal of medical examination for persons in certain professions, refusal of workers to take occupational safety exams or undergo special training during the working day.

From all of the above it follows that fines levied on basic wages are illegal. Reprimands, comments and dismissals are permissible under the labor code, but fines are not. Even if the employee signed some kind of agreement on fines or was drawn up employment contract with such conditions, this procedure does not become legal. It is necessary to make such a reservation that if a bonus becomes the source of fines at an enterprise, then this is already considered as deprivation of a bonus, and is a legally correct procedure.

The least protected in this situation are those receiving wages “in envelopes”. When trying to defend their rights and file a complaint, for example, with the labor inspectorate, they often only achieve their dismissal. Therefore, already when applying for a job, it is worth thinking about possible difficulties in the future.

Unfortunately, in practice, the reasons for fines are not only the disciplinary offenses described in the law, but also many other actions of employees that management does not like. For example, complaints from customers, bad habits, a mess in the workplace and this list can be continued for a very long time. It is very difficult to deal with this situation, since it is very difficult to prove the very fact of applying fines.

Visitor question:

Our organization is not a state one. We work semi-officially - salaries are in envelopes. Recently, a system of fines appeared and somehow implemented itself: one was fined 2000 rubles for not fulfilling some plan, another was fined with a deduction of 1000 rubles from his salary for being late for work. And off we go: disciplinary fines at every turn - for not dressing according to the dress code, for leaving work 5 minutes early, even for telephone conversations with family, some are fined, etc.

No one wants to quit yet, but the situation is heating up.
Has anyone had similar problems at work? Have you decided?

A monetary fine is an effective sanction that influences the offender. But is that influence what an employer needs? Any management of a company involves a combination of carrots and sticks. In fact, these are rewarding and punishing influences. How effective is it? this method in practice, every future or existing employer should know.

basic information

Many employers believe that such strictness and demandingness will allow them to maintain the good working capacity of employees and minimize misconduct. But such effectiveness is not always considered a good parenting method. Moreover, such methods are not always carried out in accordance with the labor legislation of the Russian Federation.

Often punishment with “rubles” occurs for the following violations:

1. being late or not meeting the work schedule;
2. non-compliance with the dress code established on the company’s territory;
3. leaving the workplace without indicating this fact;
4. bad habits, including alcohol and drugs;
5. complaints from clients if the employee works directly with them in contact;
6. problems that are associated with the product. This could be either a failure to deliver or a failure to meet standards;
7. failure to maintain order at the current place of employment;
8. theft from the workplace.

As a rule, for such offenses the employer sets a specific amount of monetary penalty. But the system of working out for the missed period is not rarely used.

Definitions

A fine is a monetary penalty from an employee for any violation of labor or other regulations. It is established by the employer and stated in the employment contract.

is a document that contains all the information about fines, wages, bonuses and work schedules, as well as the employee’s responsibilities.

Legislation

Almost all of the above fines for such violations are considered illegal. Especially if this is revealed when paying wages. In accordance with current legislation, financial deductions for disciplinary violations are prohibited. This is regulated by articles of the Labor Code of the Russian Federation.

Current labor laws prohibit deductions from wages. The exception is accounting deductions - unprocessed advance payment. That is why almost all employers pay according to documents a salary that is equal to the minimum wage or an amount close to it, and everything else is set in the form of a bonus. After all, the law says nothing about prohibiting deprivation of bonuses.

In fact, the only method of punishment is disciplinary action. That is, this various types reprimands and comments. It is even possible to be dismissed for misconduct in accordance with an article of the Labor Code.

But even when using disciplinary sanctions there are quite a few peculiarities. Any measure of this type has a special procedure for implementation in accordance with the article of the Labor Code of Russia. That is, initially the employer undertakes to receive a written explanation of the violation, and then draw up a protocol for dismissal or issue a reprimand.

What penalties may be imposed?

In accordance with the Labor Code of Russia, the employer has the right to implement the following penalties:

1. dismissal;
2. reprimand or reprimand.

Personnel officers do not like such methods, as they are accompanied by a rather complex algorithm of actions. But dismissal is an overly drastic measure that no company likes. After all, it is intended for unsuitable workers, and not for violators of labor regulations.

But the fines are enough effective method impact, which allows personnel officers not to suffer with paperwork. But they cannot be recovered in accordance with the Labor Code. Moreover, it does not provide for monetary penalties at all. That is why all sanctions in monetary terms are not laws.

The Labor Code specifies a monetary penalty only if real damage to company property is caused. Due to the lack of correct amendments, many employers have abandoned wage penalties and are simply depriving employees of bonuses. This motivation makes the employee think. But the initially set salary does not always meet employee expectations. Unfortunately, this method of depriving profits is completely legal.

Why are employees fined?

Fines at an enterprise are a fairly effective and widespread measure. Despite its illegality, many people use this measure, minimizing responsibility for the violation. In fact, everything is within the law. After all, bonus reduction is not prescribed in labor legislation.

According to statistics, the following offenses are most often subject to fines:

1. in the absence of a specialist on site for more than 3 hours continuously. This only applies to unexcused absences. For this violation, the employee will lose 20% of the bonus;
2. if an employee is late for work or from a lunch break, then deprivation of a 10% bonus;
3. if the delay is more than half an hour in case of a previous violation, then also a deprivation of 10% of the bonus;
4. if an employee uses mobile phone not for its intended purpose, carries out a conversation about his business, sits in in social networks, then a deduction in the amount of 5% of the amount.

It is worth remembering that the fine can only be in the amount of the premium, and not exceed its value. To avoid conflict situation, the personnel department must correctly formulate the bonus reduction system. As such, there is no single system in nature.

What should a fined person do?

The person who has been fined is advised to review whether these actions are legal. It is worth remembering that if an employee is financially responsible, he will be responsible with his salary. All positions are prescribed in Article 243 of the Labor Code of Russia.

Moreover, deductions may be made from the salaries of some employees if the following grounds exist:

1. failure to deliver valuables based on documents;
2. intentionally causing harm to the company;
3. under alcohol or drug intoxication;
4. disclosure of confidential data;
5. causing material damage due to negligence.

Documentary reporting

Article 193 of the Labor Code of Russia reflects the possibility of applying penalties for all employees. And each such penalty is reflected accordingly in the documentation of the enterprise. As a rule, if this is absenteeism, then a specific absence report is drawn up. And if a citizen is late, then he must write a memo.

When devaluing, an employee may require a written explanation for this action. And the company is obliged to follow the law and explain such an action.

If an employee believes that his rights have been violated, he can submit a written statement to the court, labor inspectorate or prosecutor's office. An example of filling out and a sample application can be found from the represented authorities.

If he has written evidence, then it is possible to restore justice and return the unpaid amount. Additionally, you can recover for material damage, interest for the use of other people's funds and payment of the average salary for forced absence.

Administrative responsibility for fines at the enterprise

The legality of fines at an enterprise is a fairly common issue. If we talk about the system of fines, we can say with certainty that they are illegal when applied to wages. But many employers circumvented the law and began to deprive workers of bonuses.

Many were caught for a catering fine or for a medical examination. In both situations, it is worth noting that they have no right to be deducted from part of the salary. But as a reduction in bonuses, if this is indicated in the statutory or other documents, it’s fine.

If the fine was illegally withheld from part of the salary, the employee has the right to submit a corresponding application to the labor authority. In case of real violations officials are brought to administrative liability in the form of a sanction of 5,000 rubles, and legal entities are fined 50,000 rubles. In addition to monetary penalties, the company can be closed for up to 90 days.

Alternative punishments

In addition to fines, the company may use alternative penalties.

For example:

1. rebuke;
2. reprimand or dismissal.

But it is worth remembering that these methods are accompanied by a certain algorithm of actions in accordance with current legislation.

What deductions are legal?

The following penalties are considered legal deductions:

1. the amount of the unpaid advance payment;
2. unused travel allowance amount;
3. excessively accrued amounts due to accounting errors;
4. compensation payment for used vacation, if this is not yet a worked calendar year.

Let's hit the prize

Almost all employers, in addition to salaries, pay bonuses. This payment is drawn up by a collective agreement upon achievement of specific indicators. Labor legislation does not prohibit depreciation in this case.

Some employers use a flexible bonus system, which will depend on the degree of completion of the plan, as well as on the total number of late arrivals. The conditions for bonus reduction are often specified in regulatory documents.