Fines at work: legal aspects.

Surely everyone has had to deal with such phenomena in their work life as being forced to sign an agreement on full financial responsibility or including a provision about this in the text of the employment contract, as well as conditions that allow the employer to “fine” you for being late and other minor oversights. In this material, we tried to determine how legal such measures are in relation to the employee.

In the first case It should be borne in mind that the grounds for the onset of full financial liability are named in Art. 243 of the Labor Code of the Russian Federation and that the list of positions and work, for the performance of which an agreement on full financial liability can be concluded with employees, is established by the Ministry of Labor and social development RF, and not your leader. Therefore, if your position is not on the specified list and the following situations do not apply to you:

shortage of valuables entrusted to you on the basis of a special written agreement or received by you under one-time document;
intentional causing of damage;
damage caused by you while under the influence of alcohol, drugs or other toxic substances;
causing damage as a result of your criminal actions established by a court verdict;
damage caused by you as a result of an administrative violation, if established by the relevant government body;
disclosure by you of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by law;
causing damage not while performing your job duties;

then introducing a clause into the contract or concluding a separate agreement on full financial liability is illegal. What to do? Oddly enough, as long as you work and you are satisfied with everything, then nothing. As soon as it comes to a conflict, for example, unjustified deductions from wages, the time comes to remember all the sins of the employer. It is necessary to build your communication position taking into account the fact that the agreement on full financial liability or the terms of it in employment contract contradict the current labor legislation of the Russian Federation and, as a result, are illegal and not subject to application (Article 9 of the Labor Code of the Russian Federation). Therefore, it will be very difficult for the employer to prove in court or at the labor commission the validity of his actions. Moreover, he may be subject to administrative penalties for violating labor laws under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

We do not specifically consider situations where the employee actually bears full financial responsibility, since this is a subject for a separate discussion.

In the second case you must always remember one simple thing: in the Labor Code there is no such disciplinary measure as a fine. There is a reprimand, there is a reprimand, and finally, there is dismissal, but there is no fine or other monetary punishment (Article 192 of the Labor Code of the Russian Federation). Moreover, the legislation directly prohibits the application of disciplinary sanctions to an employee that are not provided for by it (Article 192 of the Labor Code of the Russian Federation). No matter how great the employer’s desire to eradicate, for example, tardiness, long smoking breaks, surfing the Internet and other small pleasures of ordinary office workers using a fine system, unfortunately, this is illegal. Therefore, if you are “fined” and you are not satisfied with it, you have a direct road to labor inspection, the prosecutor's office and the court, which together will help the employer realize that he was wrong. You can read more about how this is done. However, it is no secret that after such statements the employee will be “asked” to leave the company, which, in fact, happened to the author of this material after he, as an employee of a law firm, drew the attention of management to the inadmissibility of applying such measures to employees.

Particularly “advanced” managers who consider themselves experts in the field labor law, like to formalize the decision to impose a fine in the form of an order. So, the more such documents at your disposal, the paler your manager will look during proceedings in the prosecutor’s office or court.

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IN production activities In addition to pleasant moments, such as rewarding employees, there are also less joyful moments when disciplinary action has to be taken. Everything is clear with “gingerbreads” - these are gratitude, bonuses, rewarding with valuable gifts and other incentives for employees professional achievements. What about the “whip”? Are there any nuances and do such events require proper registration? This is discussed in the article.

Conditions for collection

First, let's define what is meant by discipline. Thus, in article 189 Labor Code It is said that labor discipline is the mandatory observance by employees of an organization of rules of conduct. These rules are established by the Labor Code, other federal laws, collective agreement, agreements, local regulations, employment contract. Consequently, violation of labor discipline leads to disciplinary action.

Reference: A disciplinary sanction is a failure to perform or improper performance by an employee, through his fault, of the work duties assigned to him.

In order for an employee’s actions to entail the application of punishment, they must simultaneously meet the following conditions:

• illegality (that is, the employee’s actions do not comply with regulatory legal acts);
• guilt (the employee’s actions were committed intentionally or through negligence);
• actions must be related to the performance of job duties.

Regarding the latter, you need to know the following: if an employee refuses to follow the instructions of the employer, then he does not necessarily need to be punished. For example, if the instructions are of a personal or public nature.

Types of punishment

Labor legislation establishes an exhaustive list of applicable disciplinary sanctions, namely:

• comment;
• rebuke;
• dismissal for appropriate reasons.

For certain categories of employees, other disciplinary sanctions may also be provided (based on federal laws, charters and regulations). Thus, by Law of July 27, 2004 No. 79-FZ “On State civil service Russian Federation» in addition to those listed, the following penalties are provided:

• warning about incomplete job compliance;
• exemption from a civil service position.

The following types of disciplinary sanctions are applicable to military personnel on the basis of the Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”:

• rebuke;
• severe reprimand;
• deprivation of regular dismissal from a military unit or from a ship to shore;
• deprivation of an excellent student badge;
• warning about incomplete professional compliance;
• out-of-order orders, the number of which depends on the severity of the crime;
• reduction in military rank;
• reduction in military rank one step;
• reduction in military rank by one step with a reduction in military position;
• early dismissal from military service due to failure to comply with the terms of the contract;
• discharge from the military educational institution vocational education;
• deduction from military training;
• disciplinary arrest.

Employees can be dismissed as a disciplinary sanction only on the grounds listed in Article 192 of the Labor Code. These include:

ñ repeated failure by an employee to fulfill labor duties without good reason, if he has a disciplinary sanction, or a single gross violation of labor duties:

1. absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

2. appearing at the workplace in a state of alcohol, drug or other toxic intoxication;

3. disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, and disclosure of personal data of another employee;

4. committing theft of someone else's property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict or an official that has entered into legal force;

5. violation of labor protection requirements (established by the labor protection commission), which entailed serious consequences - for example, an industrial accident or accident - or knowingly created a real threat of such consequences;

• making an unjustified decision by the head of the organization (his deputy or chief accountant), which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property;
• a single gross violation by the manager or his deputies of their labor duties;
• violation of the charter of an educational institution by a teaching employee within one year.

As for athletes, in addition to those listed, the grounds on which they can be dismissed are also established: sports disqualification for a period of six months or more or an athlete’s violation, including a single violation, of the all-Russian anti-doping rules approved by international anti-doping organizations. The legislator also defines other grounds on which guilty employees can be dismissed. This:

• committing guilty actions when handling monetary or commodity valuables, which subsequently led to a loss of trust on the part of the employer;
• the commission by an employee performing educational functions of an immoral act that is incompatible with the continuation of this work.

The application of disciplinary sanctions not provided for by the Labor Code, charters and regulations on discipline is not permitted.

Overlay nuances

Whether or not to apply a disciplinary sanction to an offending employee is up to the manager or other official to decide, since the application of a disciplinary sanction is a right, not an obligation of the employer. However, Article 195 of the Labor Code establishes in relation to the managers of the organization and their deputies: the employer is obliged, in the event of receiving an application from the representative body of employees, to consider the fact that this manager has violated labor legislation and apply disciplinary action to him, up to and including dismissal.

It is important

Labor legislation establishes an exhaustive list of applicable disciplinary sanctions, namely: reprimand, reprimand, dismissal on appropriate grounds.

Application of punishment

The fact of disciplinary action must be documented. First of all, it is worth requesting a written explanation from the employee who committed the disciplinary offense. Moreover, he must submit it within two days (Article 193 of the Labor Code of the Russian Federation). If after two working days stated explanation is not submitted, then a corresponding act is drawn up. This may be an act on the absence of an employee from the workplace or an act on the appearance of an employee at the workplace in a state of alcoholic intoxication (see Appendix 1).

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

In order to bring an employee to disciplinary punishment, it is necessary to comply with the deadlines established by the legislator. These requirements are established in Article 193 of the Labor Code. Thus, disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation (both main and additional leave, without pay, etc.), as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense. If an audit, audit or other inspection of financial and economic activities was carried out, then no later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied. That is, absenteeism cannot result in a reprimand and dismissal at the same time. You need to choose one at the discretion of the head of the organization (as a rule, it depends on the severity of the offense committed). Consequently, when imposing a disciplinary sanction, the severity of the offense committed, the circumstances under which it was committed, and the personality of the employee must be taken into account. An employee cannot be held accountable for reasons beyond his control.

Necessary registration

The imposition of a penalty on an employee is formalized by order (instruction) of the manager. Moreover, the employee must be familiarized with it within three working days from the date of publication, not counting the time he is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up. There is no unified form for such a document, as well as an act of violation of labor discipline. Therefore, the organization needs to independently develop the appropriate document forms. (see Appendix 2)

If the punishment is the dismissal of an employee, it is necessary to draw up an order in the unified form No. T-8 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). When dismissing, it will not be a mistake to draw up two orders, namely: on the application of a disciplinary sanction in the form of dismissal and on termination of the employment contract according to the unified form No. T-8. This position is expressed in the letter of Rostrud dated June 1, 2011 No. 1493-6-1.

Please note that information about disciplinary sanctions does not need to be entered into the work book, except in cases where the disciplinary sanction is dismissal (Article 66 of the Labor Code of the Russian Federation). As a rule, information about the application of a penalty is not entered into a personal card. However, if the employer wishes, they can be indicated in the “Additional Information” section.

Dismissal as a penalty

If the management of an organization decides to subject an employee to disciplinary punishment in the form of dismissal, it is necessary to take a number of measures that will later insure him in case he has to go to court. First of all, it is worth remembering that dismissal is an extreme disciplinary measure. Such a decision must be justified and documented. In case of disagreement with the employer, the employee has the right to contact the state labor inspectorate or bodies for the consideration of individual labor disputes. The reason for dismissal, according to the Plenum Supreme Court of the Russian Federation, as set out in Resolution No. 2 of March 17, 2004, may be evidence showing that the offense committed by the employee actually took place and could be the basis for termination of the employment contract, and at the same time the employer complied with the deadlines provided for in Article 193 of the Labor Code application of disciplinary action. If the court sides with the taxpayer, the business entity will need to reinstate the employee at his previous place of work and pay him average earnings for forced absence and compensation for moral damage.

Special rules

The reason for dismissal may be evidence showing that the offense committed by the employee actually occurred and could be the basis for termination of the employment contract.

Therefore, if a company does not want to “tarnish” its reputation and waste time on legal proceedings, we recommend taking the correct and consistent actions:

1. write down the job responsibilities of employees and familiarize them with them against signature;

2. check the correctness of local regulations. For example, is the name of the organization indicated in the labor regulations correctly and are employees familiar with them? This rule especially concerns holding companies, since in this case the staff is large and it is necessary to clearly state where and which employees are registered and work;

3. find out everything Required documents are available. As a rule, companies neglect the requirement for an employee to write an explanatory note, which is a violation and cannot lead to the imposition of a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation);

4. comply with the established deadlines for bringing to punishment. Let us remind you that disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, while on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time frame does not include the time of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation);

5. correctly carry out the dismissal procedure, for example, issued a job on time employment history and all amounts due to the employee have been paid.

Fines

Fines for non-compliance with labor discipline are unlawful. The law also does not provide for penalties in the form of deprivation of bonuses. It happens that an employee is late for work, and the manager fines him for this. These actions are illegal. The imposition of a fine as a disciplinary measure is not provided for either by the Labor Code or any other legal act, therefore fining employees for disciplinary offenses is unlawful.

Or the employee made a defect in production, and for this he is deprived of his bonus. This is also illegal, since the list of disciplinary sanctions does not include deprivation of bonuses. In order not to pay a premium for legally, it is necessary to draw up a document in which to describe the criteria by which employees are awarded bonuses.

Removal of disciplinary action

If within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, then he is considered to have no further disciplinary sanctions.

However, the employer has the right to remove it before the end of the year from the date of application. He can do this on his own initiative, at the request of an employee, at the request of his immediate superior or a representative body.

The order for early removal of a disciplinary sanction is signed by the employer. It must indicate the reason why the disciplinary sanction is being lifted, the number and date of the order to impose the penalty. There is no unified form for this document, so you need to develop it yourself (see Appendix 3)

Employer's liability

Let us recall that the Labor Code prohibits the use of disciplinary punishments not provided for by this code, federal laws, and charters.

Violation of labor and labor protection legislation entails administrative liability in the form of:

• administrative fine for officials in the amount of 1,000 to 5,000 rubles;
• fine for legal entities in the amount of 30,000 to 50,000 rubles.

Thus, if an employee commits a disciplinary offense, when deciding on his disciplinary punishment, it is necessary to think through everything properly so as not to end up in court in the future.

Yu.L. Ternovka, expert

Salary deductions, according to established practice, should be divided into three types:

mandatory deductions;

deductions at the initiative of the employer;

deductions at the initiative of the employee.

And these are just the types of legal deductions. So, not every sudden reduction in your salary is arbitrary on the part of your boss. Let's consider each type separately.

Mandatory deductions

This is what the employer must deduct from your salary. And not into your own pocket, as one might think, but into contributions to the state. Such withdrawals include 13% of earnings (personal income tax) and various kinds deductions on issued executive documents.

These include:

Which maximum amount can they deduct based on these documents? Let us turn to Article 138 of the Labor Code of the Russian Federation:

The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee.

When deducting from wages under several executive documents, the employee must, in any case, retain 50 percent of the wages.

The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collection of alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who suffered damage due to the death of the breadwinner, and compensation for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent.

Employer-initiated deductions

Article 137 of the Labor Code of the Russian Federation directly establishes the grounds on which an employer can recover funds from you:

to reimburse an unpaid advance issued to an employee on account of wages;

to repay the unspent and not timely returned advance issued in connection with business trip or transfer to another job in another area, as well as in other cases;

to return amounts overpaid to the employee due to accounting errors, as well as amounts overpaid to the employee, if the body for the consideration of individual labor disputes recognizes the employee’s guilt in failure to comply with labor standards or downtime;

upon dismissal of an employee before the end of the working year for which he has already received annual paid leave for unworked vacation days.

Moreover, it is important to note that the employer can withhold you without permission only a month after the established return date and if you do not object. If you want to challenge the decision, you need to go to court.

If we're talking about about material damage - the recovery should not exceed your average monthly earnings; if you refuse to pay voluntarily, it will be carried out in court.

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.

Fines at work: is it legal under the labor code?

This brings us to the most common violations against employees – illegal penalties. As you already understood, these are those deductions that were not mentioned above in the text.

The Labor Code provides only such a form of punishment as disciplinary action, which is directly stated in Article 192:

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.

The employer does not have the right to apply fines. However, we often see the opposite.

Sample system of fines for employees

Let's consider a typical system of fines adopted by companies.

Such deductions are carried out, as a rule, by those companies that pay “gray” salaries and have non-transparent accounting.

For obvious reasons, there is no sample order for fining an employee at an enterprise, but an order for disciplinary action does exist. It looks like this:

What to do if your rights are violated

If you are paid a “gray” salary, things are sad, because dealing with such a violation is problematic. Yes, you can contact the prosecutor's office with a statement, or the labor or tax office, but as soon as the employer finds out about this, there is a high risk of dismissal.

Moreover, if the employer does not fulfill the obligation to deduct personal income tax, this must be done by the employee himself, otherwise he will have to bear responsibility under Article 119 of the Tax Code of the Russian Federation, and in the case of particularly long-term evasion - under Art. 198 of the Criminal Code of the Russian Federation (involving a fine of up to 300 thousand rubles).

If violations occur regarding the payment of “white” wages, the algorithm is as follows:

Ask your accountant about the reasons for the underpayment;

If you believe that the deductions were unlawful, file a statement about the illegality of management’s actions;

If you refuse to satisfy the demand, write a complaint to the labor inspectorate;

If this does not help, go to court.

And a qualified lawyer will help you at any of these stages, whom we advise you to contact.

Many companies have introduced a system of fines for violation of labor discipline (lateness, absenteeism, failure to fulfill sales plans, etc.) Is this legal from a legal point of view?

The concept of “fine” does not exist in the Labor Code. Even if the employment contract regulating the relationship between employer and employee contains a clause on recovery from the employee Money for being late, it is not legal, since it is contrary to the law.Employers who fine their employees for being late or leaving work early risk being fined themselves.
According to the Labor Code, for non-fulfillment or improper performance of labor duties by an employee, the employer has the right to apply disciplinary sanctions: reprimand, reprimand or dismissal (. Art. 192 Labor Code of the Russian Federation) If the labor inspectorate discovers that the employer is fining workers for being late, the company may be held administratively liable.
________________________________________ ____________________________
Article 5.27. Code of Administrative Offences. Violation of labor and labor protection laws.
1. Violation of labor and labor protection legislation -entails the imposition of an administrative finefor officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for a period of up to ninety days;for legal entities - from thirty thousand to fifty thousand rubles or administrativesuspension of activities for up to ninety days.
2. Violation of labor and labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.
________________________________________ ______________________________
The Labor Code does not provide for the dismissal of an employee for systematically being late for work. However, the work schedule of employees and other issues related to labor discipline are regulated by the company’s internal documents - the Work Rules and the employment contract - which in one way or another refer to the Labor Code. Therefore, if an employee is guilty, he cannot avoid punishment.
Typically, being late is considered a disciplinary offense, the last resort for which is dismissal. But the employer does not have the right to refuse an employee if he came to the office at the wrong time only once. However, an employee can be late for work no more than two times, since on the third he risks being fired.
The Labor Code does not contain a list of reasons why employees can get away with being late for work. Possible reasons for being late are sometimes stated in the company's Internal Regulations, but the concept of “good reason” is very vague. For example, if your neighbors flooded you, traffic jams, etc. - are not considered respectful by many employers. However, if you can provide an explanatory note with a supporting document proving that you were delayed through no fault of your own, then perhaps the employer will not issue a warning or reprimand.Supporting documents can be a certificate from the railway station about the train delay, sick leave. And if they do decide to fire you, these documents will help you appeal the employer’s decision in court.
Despite all of the above, it should be remembered that the employer can use other levers of influence. For example, many companies have a “black” salary, and since it is not reflected in the employment contract, the employee can only be paid the salary, while depriving him of the “black” part. Also, the employer can deprive the employee of a bonus, but in this case, the company must properly draw up local documents regulating the payment of bonuses, financial assistance and bonuses. Such an act may be a local instruction on bonuses.
As a result, the fine is unlawful. But there is a possibility of deprivation of the bonus, provided that the local acts, or not paying the “black” part of the salary.

Fining is one of the most common methods of motivation used by employers in relation to their subordinates.

Numerous fines are taken for granted by both sides of the working relationship.

But is it legal? Let's find out!

While quite popular, fining is illegal.

According to the Labor Code of the Russian Federation, the employer has the right to apply 3 penalties to the employee:

• comment;
• rebuke.

All these measures did not find much response in the hearts of personnel officers, since a reprimand and reprimand are accompanied big amount formalities, and dismissal is an overly drastic measure, suitable only for absolutely unsuitable workers.

It’s a matter of fines: for misconduct the employer, but not the whole, but a certain part of it, depending on the type of misconduct.

Meanwhile, the labor code does not provide for monetary penalties as punishment for the offending employee. Therefore, all attempts by the employer to stop lateness, absenteeism and prolonged smoking breaks of office workers using a system of fines are illegal!

Labor legislation implies the use of monetary penalties only in cases of direct damage to the organization’s property by an employee.

Taking advantage of the inaccuracy of the Labor Code articles, many organizations abandoned fines in favor of, i.e., motivated deprivation of bonuses. This procedure is drawn up, noted in the bonus regulations and justified for the guilty person.

In this case, a constant-variable portion is collected as a fine for the employee’s violation of the provisions of the job description.

This technique is completely legal.

An employee from whose salary a fine was collected by order of the manager has the right to go to court demanding compensation not only for the deducted share of the salary, but also for moral damage.

Why do employers fine employees?

Despite the illegality of fining employees, most organizations continue to use this system to punish guilty employees, passing it off as a legitimate “deprivation of bonuses”. In this case, the employee who violated his job description is not deprived of part of his salary, but is simply excluded from the bonus order or paid a reduced bonus.

According to statistics, fines are most often imposed on employees who violate internal regulations, for example:

• if an employee is absent from the workplace for more than three hours without warning and good reason, the employer deprives him of 20% of the bonus;
• when going to work, as well as from a lunch break for less than half an hour, the guilty person loses 5–10% of the bonus;
• being late for work by more than half an hour or returning from a lunch break more than 30 minutes after its end is the reason for depriving the employee of a 10% bonus;
• use of communications in work time for purposes other than intended, for example, personal telephone conversations from a work phone, “sitting” in in social networks from a computer - deprivation of 5% of bonus payments.

It is worth noting that such fines cannot exceed the amount of the bonus, that is, deductions from the permanent part of wages ( official salary) are unacceptable!

In order to avoid disagreements between personnel workers and employees of other departments, it is necessary to formulate the fine system as clearly and completely as possible: what fines are imposed for and in what amount.

There is no unified fine system, since the goals and objectives of each organization are individual. If one institution has a strict dress code, then in another the dress code is not important. The same applies to eating in the workplace: if this is the norm for office workers, then for employees Catering Absolutely forbidden.

What should a fined employee do?

An employee who has been fined must first of all make sure that the employer really did not have the right to do this and, as a result, violated the law.

Art. 243 of the Labor Code contains a list of positions that imply full employment in case of violation of the job description. This list approved by the Ministry of Labor and Social Development of the Russian Federation, so the personal decision of the manager does not play a role here.

However, deductions from wages can also be made for employees of other professions and positions. In this case, at least one of the conditions must be met:

• shortage of valuables entrusted to the employee on the basis of a written agreement;
• intentional causing harm;
• the guilty person is in an uncontrollable state (drug intoxication, etc.);
• disclosure of state and;
• causing material damage as a result of neglect of official duties.

If the offense that resulted in the imposition of a fine does not fall under the above categories, then the fined employee has the right to demand compensation from the manager for the withheld funds and.

If the employee is denied the return of the withheld part of the salary, he can file an application with the court, the labor inspectorate and the prosecutor's office.

At the same time, the more documents on the application of the fine system to the employee are submitted to the court, the more serious the employer’s liability will be and the higher the compensation for moral damage caused.

Employer's liability for fines to employees

An employee from whose wages funds were illegally withheld payment of a fine, must contact the labor inspectorate with a statement of violation of his rights.

In this case, the employer will be held administratively liable: officials will be fined from 1 to 5 thousand rubles, legal entities - from 30 to 50. In addition to a monetary fine, the organization’s activities may be suspended for up to 90 days.

Criminal liability occurs if the deduction of fines occurs on a regular basis, that is, more three months contract.

The basis for initiating a criminal case is the employee’s statement submitted to the Prosecutor’s Office. In this case, the fact of application of fines must be proven. Proof may be a salary card bank account statement, payment receipts wages, as well as photographs of announcements about fining employees.

Alternative penalties

Labor legislation contains an exhaustive list of punishments for guilty employees: reprimand, reprimand and dismissal.

All other methods of influencing workers are illegal.

To an employee whose behavior does not fit within the scope of the job description and internal regulations of the organization, it is applied. If the offense is repeated, the employer may reprimand the offender, which will most likely be followed by dismissal.

The punishment is determined by the essence of the offense: it is disciplinary or service-related. Examples of disciplinary violations are: neglect of internal rules (being late, using a work phone and computer for personal purposes, etc.), accepted standards behavior both in the workplace and outside it (at a corporate event, on a business trip). Such violations do not require strict punishment, but a detailed analysis of the reasons for their occurrence. In most cases, disciplinary offenses are punished with reprimands.

This is a punishment for an official violation associated with the employee’s failure to fulfill his duties. job responsibilities. In this case, it is also necessary to understand the reasons for the violation: this is banal ignorance job descriptions or negligent neglect of them.

Dismissal is an extreme measure of punishment, used in exceptional cases, such as:

• repeated disciplinary violations;
• gross violation of internal regulations;
• loss of confidence in the employee due to objective reasons;
• committing an immoral act for persons employed in educational positions.