Can an employer punish in rubles by signing a fine order?

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Published: 05/14/2016

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Imposing fines is a punishment often practiced by employers; some companies even have fine “price lists” that determine the amount of deduction for a particular offense.

Meanwhile, the Labor Code does not contain such a type of disciplinary sanction as deduction from wages . The Labor Code (Article 192) clearly defines the types of penalties applicable to employees for various disciplinary offenses (absenteeism, tardiness, being intoxicated at the workplace, etc.):

• comment;
• rebuke;
• dismissal.

• Liability for illegal fines
• Options for circumventing the law by employers
• Where to look for justice?

Internal labor regulations, discipline

Internal regulations are created so that the organization operates stably in any conditions. For this purpose, a local regulatory act is drawn up. Managers are responsible for the development; the document must be present in each of the src=”https://naimtruda.com/wp-content/uploads/2018/10/1488801815_konsultaciya-yrisa-1100×733.jpg” class=”aligncenter” width= "1100″ height="733″[/img]

Here are just some of the questions that should be included in the document:

1. Incentives and penalties applied to employees.
2. Time allocated for rest.
3. Work mode.
4. Sections on the rights, duties and responsibilities of each of the interested participants in the relationship.
5. Procedure for hiring and dismissing employees.

There is no unified form for the document, so each company develops its own version. The main thing is to rely on the specifics of the activity.

How can you punish an employee with a ruble?

Reprimands and comments have little effectiveness. Lazy people don't work harder, thieves continue to take from the cash register. There are ways to pay an employee less because of problems. But we repeat: these are not fines. It’s impossible for an accountant to get away with deducting 1000 rubles from his salary. On the contrary, you will need additional paperwork and, most likely, the help of a personnel officer or lawyer.

Deprive the bonus

A bonus is an incentive under Art. 191 Labor Code of the Russian Federation. No bonus is given for stupid work.

In order to deprive a bonus, a provision on bonuses must be adopted. This is a useful thing for an entrepreneur. The regulations write specific conditions for which the employee receives a bonus. Be sure to include a clause that the bonus is paid at the discretion of management. Reducing bonuses helps in the fight against tardiness, idleness and negligence.

Article: 5 legal ways to fire an employee without his desire

Withhold damage from salary

The employee is responsible for work equipment, goods and money. The employee must reimburse the purchase of glasses to replace broken ones and any shortages at the cash register. This is how financial liability works under Art. 238 Labor Code of the Russian Federation.

Damage is calculated down to the penny. The employee is asked to explain - maybe it was not he who broke the glasses, but a drunk client. A deduction order is issued. No more than 20% per month is deducted from your salary.

Article: how to recover damages from an employee

Conclude agreements on full financial liability

Any employee is liable for damages within the limits of average earnings. But you can enter into agreements on full financial responsibility with cashiers, sellers, administrators and merchandisers. Such agreements legally remove restrictions on money. For shortages at the cash register or damaged goods, you can ask the culprit instead of scattering an illegal fine throughout the entire team. Details - in Art. 242 Labor Code of the Russian Federation.

Article: how to correctly draw up an agreement on full financial liability

Penalties for violation

Here are the main types of punishments according to Russian legislation:

• dismissal;
• reprimands;
• comments.

Federal laws, statutes and discipline regulations may address other types of penalties imposed on employees. Therefore, orders regarding penalties are considered illegal.

Where is it written that workers cannot be fined?

The employee is obliged to arrive on time and do the work as expected. The employer punishes for lateness and mistakes. There are only three permitted penalties, and no fine is among them. By the way, there are no other punishments known in practice. All details are in Art. 192 Labor Code of the Russian Federation.

The employee is also obliged to take care of the employer’s property and not take someone else’s property. For broken glasses and shortages in the cash register, they are deducted from the salary. This is possible according to Art. 238 Labor Code of the Russian Federation. But this is not the same as a fine of an arbitrary amount.

Regulations on fines

If it is accepted at the enterprise, then the conditions must be described. Most often, employees are deprived of bonuses if they violate any established standards.

But in this case, management is at great risk. After all, no problems will arise if someone wants to prove the illegality of such measures.

The form of drawing up the order is arbitrary. The following information must be present:

1. Signature of the employer himself.
2. The type of punishment that is applied in a particular case.
3. The circumstances under which the offense was committed. There must also be information regarding the severity of the guilt.
4. The act itself. It is also necessary to provide links to regulatory documents, general and local, where it is written that such actions are unacceptable.
5. Full name of the culprit, mandatory indication of the exact position.
6. Name and number of the document, date of publication.
7. The name of the organization itself.

Liability for illegal fines

An employer has no right to fine employees, regardless of the severity of the offense.

Thus, the very fact of the fine and the accompanying documentation (an order for the enterprise to recover funds) are illegal. In fact, withholding from penalty amounts is equivalent to non-payment of part of the salary. For this, the employer can be held liable under Art. 5.27 Code of Administrative Offences. If his guilt is confirmed, the employer will have to pay the fine himself:

• for the first violation - from 1 to 5 thousand rubles. — for individual entrepreneurs or officials, from 30 to 50 thousand rubles. — for legal entities;
• if repeated - from 10 to 20 thousand rubles. and from 50 to 70 thousand rubles. respectively.

If the illegal deduction of part of an employee’s salary is carried out for 3 months in a row, he will be liable under Art. 145.1 of the Criminal Code .

In this case, he faces a considerable fine (up to 500 thousand rubles according to recent amendments), forced labor or even imprisonment for up to 12 months.

The most severe measures await the employer if it is proven that his actions caused serious consequences for the fined employee. For example, he committed suicide or acquired a serious illness. But in this case, it is necessary to prove the cause-and-effect relationship between the fine and its consequences.

Is it effective to apply a fine system for an enterprise?

Material sanctions are a convenient and logical tool. Many managers think that with its help it is easy to maintain discipline in the team. The level of production processes really increases with the proper use of such systems.

The main thing is to clearly define the connection between specific actions and the consequences that follow. This is an excellent option if you need to make sure that no one is late for the start of a work shift, for example.

Material sanctions increase the company's manageability. But if you go too far with such decisions, they can be harmful.

Is it possible to introduce punishment in the form of a fine?

An employer can use a fine as a sanction, but it must adhere to a certain scheme. Otherwise, the employer will be held liable. A fine can be imposed on the basis that the manager has the right to regulate the amount of bonuses depending on the work achievements of employees.

It is possible to introduce an internal system of fines when a company pays employees earnings consisting of a bonus and a salary. The employer has no right to reduce the salary. The penalty may be a reduction in the premium.

What other advice do they give to managers?

The manager must clearly understand when fines are appropriate and when it is worth applying another type of impact. Sanctions are justified if the following conditions are met:

• the director’s orders are ignored in whole or in part;
• absence from work during the day without warning;
• fictitious sick leave;
• falsification of documents, even valid reasons;
• systematic delays;
• appearing drunk, drinking alcoholic beverages;
• when specialists managing a department hide the violations of their subordinates;
• if department heads give knowingly false information.

Most employees have a negative attitude towards such changes. Therefore, the number of conflicts may increase. Rewards work much better than punishments, this has been proven in all circumstances.

If fines are constantly applied at an enterprise and have become almost the norm, this is a bad sign for a manager. This means that production processes and people management are not nearly as efficient as they should be.

Along with fines, it is worth introducing a motivation system at the same time. Then employees will have a greater desire to prove themselves and achieve their goals. The main thing is that everyone understands what actions are taken to receive rewards.

Procedure for declaring foreclosure

For a punitive measure to be valid, it must be documented in accordance with Art. 193 Labor Code of the Russian Federation. According to the law, an employer’s order to impose a disciplinary sanction is announced if two conditions are met. Firstly, the fact of committing an offense must be recorded in the form of an act and/or a report. Secondly, an explanation of what happened in writing must be received from the employee. If the explanatory note, in the opinion of management, does not contain valid reasons, the personnel service begins to draw up an order. The sample order for imposing a disciplinary sanction is not determined by law. A correctly executed document contains:

• a brief description of the offense;
• link to article 192, 193 Labor Code of the Russian Federation;
• indication of the penalty;
• an indication of three working days as the period for familiarization with the order of disciplinary action.

As an example, we offer a sample order for disciplinary action for absenteeism.

Reprimand and penalty for violation of labor discipline

There is a written order from the manager, signed by his subordinates, which directly prohibits them from performing any action under any conditions.

One of the subordinates violated this prohibition; the fact of violation is obvious and does not require proof.

Can the manager issue a written reprimand for this?

What if the order did not stipulate the degree of responsibility? What is the deadline for issuing a reprimand? List the necessary documents that will be sufficient to give the manager the authority to issue a written reprimand and penalty for violation of labor discipline?

What if the manager is not the CEO? June 28, 2012, 22:38, question No. 10636 Andrey, Mr.

Moscow

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400 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (5) 2157 answers 715 reviews Chat Free assessment of your situation Lawyer,

On the unattainability of the “ideal employee”

Is it possible to achieve a situation where the employee has no violations at all? Hardly. The world is structured in such a way that subordinates regularly “test the strength” of the field of power and the management system.

Or at some point they relax a little, as a result of which they may become inattentive and forget something. But these should be isolated cases (no more than 2-3 violations per month). And here the leader must be like an electric current: punish and not forgive. It is also important to monitor the absence of a tendency to repeat the same violations and/or offenses that are their causes and lead to depreciation.

Go to contents

How to write an order on fines for being late for work - questions for a lawyer - 2020

Executing an order to impose a fine on an employee In this paragraph of the article we will describe the actions of a manager who decided that monetary penalties for disciplinary offenses would be the best incentive to prevent violations of labor discipline.

1. The enterprise needs to introduce a salary-bonus payment system. That’s it, we can end our article with this point, but we will give some explanations on this matter.
2. Under no circumstances can an employee be deprived of his salary.
   The bonus is assigned based on the employee’s specific labor achievements. Its director has the right to both appoint and cancel. All penalties introduced in organizations are based on this.
3. There is a violation of labor discipline. This fact needs to be recorded. An order is issued for disciplinary action, for example, a reprimand, which fully complies with the requirements of the law.

Disciplinary action for being late for work: sample

You can add a topic to your favorites list and subscribe to email notifications. Anna (guest) #1 September 1, 2009, 2:51 pm No ratings The director asks to make an order on penalties for store employees for being late for work (etc., etc.) with the deduction of the fine from wages. I explain that this is not legal. Said for internal use.

Can an employer punish in rubles by signing a fine order?

How to document lateness It is necessary to record and document every case of lateness, otherwise violations of labor regulations will become systematic. It is worth remembering that delays can occur for reasons beyond the employee’s control. But in this case, he must have documentary evidence of this with him, this could be:

• sick leave,
• certificate from the traffic police,
• medical certificates, directions, conclusions,
• certificate from the Housing Office about the accident,
• a ticket for public transport with a note indicating that the trip has been postponed,
• agenda,
• photo of what caused the violation of labor discipline.

If the enterprise is large, and discipline is monitored by department heads, then each of them can report to the manager about the lateness of their subordinates by drawing up a memo.

Order to impose a fine on an employee sample form

The employer is deprived of the right to collect money from employees as a fine for disciplinary actions.

But you can often hear that one or another action of an employee, regarded as a violation of labor discipline, was punished with a fine. But this is illegal, you say. It's not quite like that.

A fine refers to other actions that, although they entail financial losses for the guilty person, are, in fact, not a fine.

Late for work according to the labor code

In this case, as with regular dismissal, to formalize the termination of labor relations with employees, form N T-8 is used, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” ( see example 7). Example 7.

Unified Form N T-8 In this case, we are talking about termination of the contract in accordance with clause 5, part 1, art. 81 of the Labor Code of the Russian Federation (see example 8). Example 8.

Sample of filling out a work book Further, upon receipt of a work book, the employee signs in the personal card, as well as in the book for recording the movement of work books and inserts in them (clause

41 Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Government Resolution No. 225 of April 16, 2003, hereinafter referred to as Resolution No. 225).

Disciplinary action for being late for work

The act is usually drawn up by the head of the unit and certified by his signature and the signatures of witnesses. The next step is to obtain a written explanation from the employee about the reasons for being late. The employee must not just verbally explain the reason, but write it in writing, for example, in the form of an explanatory note addressed to the head of the organization.

explanatory note about being late for work. Next, the head of the department needs to transfer the drawn up report and explanation of the late employee to higher management in order to make a decision on the possibility of disciplinary action. The specified documentation is attached to the memo, which sets out the reason for contacting the manager.

report on violation of labor discipline.

Order about being late

Sample memo The manager of the late employee needs to draw up a Report of Lateness and give it to several witnesses of the violation for signature.

Sample Certificate of Employee Lateness An employee who arrived late is required to draw up an explanatory note explaining the reasons for the violation of discipline (if he has a document proving the existence of a valid reason for being late, he should attach it to the note). Sample explanatory note If the employee does not want to write an explanatory note, a report about this is also drawn up.

Sample Certificate of Refusal of an Employee to Write an Explanatory Note The management has the right to decide whether the reason for being late was valid or not. If the manager considers that the supporting documents justify the employee, he will be released from punishment. Otherwise, the employee must be punished.

Disciplinary action for failure to comply with the plan

Good afternoon. The other day I was handed a piece of paper asking me to provide written explanations as to why I did not fulfill the individual sales plan, citing Article 193 of the Labor Code of the Russian Federation.

I wrote an explanatory note and today I was given a warning order which says that I am obliged to fulfill the sales plan according to the job description. I signed and wrote the order, and I have read it.

This month I again did not fulfill the sales plan and, most likely, I will have to write an explanatory note again. Tell me how I can protect myself from being fired? How many such warnings are needed for an employer to fire me and under what wording can he fire me?

And in general, does he have the right to fire for failure to fulfill the plan?

Can I write in the order that I have read it and do not agree?

The employee did not comply with the instructions of his immediate supervisor.

\ \ \ Can you really use this?

Consultation provided on May 26, 2015. The obligation to carry out the employer’s orders is specified in the employment contract, the duty to carry out the orders of managers is stated in the internal regulations, the employee is familiarized with these documents upon signature.

No disciplinary measures were taken against the employee.

The employee is deprived of the full bonus for failure to comply with the order of the immediate supervisor. When hired, the employee was not familiar with the bonus regulations in force in the organization at the time of hiring.

Are the employer’s actions legal in this situation? Was it possible to deprive an employee of a bonus, given that the employee was not familiar with the bonus regulations upon signature?

What is considered a violation

Employees of budgetary organizations are required to comply with the general requirements of labor legislation and local regulations. This is approximately what Article 189 of the Labor Code of the Russian Federation sounds like.

Internal work rules are the main local act regulating the behavior of personnel. If it is approved, then a sample order on compliance with labor discipline will not be needed.

They also distinguish technological and production disciplines, which are also relevant to the topic of the article, because thanks to them, order is ensured in production and technological requirements are met.

We have already talked about what to do with violators and how to punish them. In this article we will talk about how to draw up a collection order in the form of a reprimand.

Deductions initiated by the employee

These can be a variety of payments, the main thing is that they must be carried out on your initiative and with your permission. Main types:

• Union dues;
• Payment for communication services;
• Financing pension savings;
• Payment under a loan agreement concluded with the employer.

Deprivation of bonuses and fines: what is the difference and what is common?

One of the hottest questions when discussing the system of punishments and rewards is: is it effective to use monetary fines or not? In a previous article on the topic of monetary punishment, “Deprivation of bonuses to employees: how to make them fine themselves for “jambs,” I discussed in detail:

• How does “depreciation” differ from “fine”.
• What are the advantages of a bonus system for managers and employees?
• The principles of depreciation that make it ethical and fair in the worldview of a conscientious employee and the key one is “The employee loses nothing.”

If you missed this article, I recommend starting your dive into the bonus reduction system with it. Next, I will talk about the practical tools that I use in my company and that work successfully as part of the implementation of regular management for my Clients. We will talk about a step-by-step algorithm for applying bonuses to an employee and an algorithm for implementing a bonus reduction system in a department/company.

Liability imposed on an enterprise in case of violation of the Labor Code of the Russian Federation

Based on the results of the audit, the company may be fined in accordance with the articles of the Administrative Code for making illegal deductions from the agreed salary of an employee, unless, of course, the company presented the system of fines as deprivation of part of the bonus.

Payment of fines without commission

The administrative penalty that may be imposed on the employer is expressed as follows:

• For officials within the company who were responsible for imposing penalties on an employee, a fine of 5.0 thousand rubles is imposed.
• For companies within which a violation of the Labor Code occurs, the financial penalty will be 50.0 thousand rubles.
• Also, if the inspection reveals other violations, or a large number of employees have written a collective complaint, or for some other reason, departmental bodies have the right to suspend the activities of the enterprise for up to 90 days.

Sample complaint to the labor inspectorate. If a large number of violations are detected on the part of the prosecutor's office, the department may initiate a criminal case against the enterprise where facts of violation of the Labor Code of the Russian Federation have been established. A sample of fines at work can again be found on the Internet using a search engine or here in the text of this article.

Failure to pay a fine may result in the company management or the legal entity itself being fined double by law enforcement agencies.