You have found yourself a job, in fact the job of your dreams. You are ready to fulfill it in good faith, to comply with all the rules established in the company. However, it soon turns out that almost any offense in this company is fined. How and for what employees are fined in Russia, is it legal and how to avoid financial losses?
Legal regulation of the position of employees
As in the rest of the world, in Russia any business processes and business areas are unable to function and develop without hired employees. To an insignificant extent, the economic sector is represented by state structures, bodies, which are staffed by civil servants. But the majority are private companies, whose employees ensure the operation and prosperity of Russian business.
The legal relationship between managers and / or business owners and employees exercising their professional duties within companies is clearly regulated and regulated by:
1) Labor legislation - on the basis of a concluded employment contract.
2) Civil legislation - on the basis of a contract for the provision of services or performance of work (better known as GPA - civil contract).
In the first case, the Employer:
- creates proper safe working conditions, guaranteeing a decent level of remuneration for employees;
- establishes a mode of work and rest that ensures its goals and objectives, and the employee, who is also an employee, fulfills his job responsibilities professionally in strict accordance with the established action regulations (work schedule and labor standards) in the company;
- establishes incentives and penalties for violation of obligations under an employment contract on the part of an employee that stimulate the performance of work in full compliance with all standards established in the company.
Applying the second option, the business owner acts as a customer for certain types of work or services that an employee performs or provides to him. At the same time, the contract clearly states the obligations of the Contractor (employee), which he must fulfill without violations, otherwise measures of responsibility are provided.
The reality of rewards and punishments
Valuable for the company is the employee who works exactly the way the company's management wants, behaves approximately, fulfilling all orders, and even makes a profit for the company.
Despite the fact that labor legislation provides for non-material incentives for distinguished employees, for example, recognition as the best employee in the profession, awarding a certificate of honor, the management of a significant number of companies believe that the best incentive is the payment of bonuses. At the same time, it is also believed that the most faithful discipline keeping in good shape for their employees is punishment with a ruble.
Employee quality regulators, or How they are fined in Russia
The Labor Code of the Russian Federation provides for an exhaustive list of penalties, which is not subject to broad interpretation. These include:
- remark;
- reprimand;
- dismissal on the appropriate grounds.
For their application, a clear procedure has been established, without which the imposition of a penalty is impossible, since it will be a direct violation of the legal rights of the employee and will be the reason for contacting the appropriate authorities, including the court, for the protection of their violated rights.
Permitted disciplinary sanctions are rarely applied by employers due to the clear regulation of their application.
Someone does not want to "bother" and collect papers. Read the notations and announce a verbal remark - only to let the head of the steam out.
By itself, a fine is a popular measure of influence on human behavior in certain legal relationships. To deprive a person of hard earned money, which could be found in another more useful application, despite the fact that we all have enough of such necessary expenses. But the effectiveness of this measure is not as high as the frequency of its application.
General algorithm for applying penalties to employees
The labor legislation does not establish such a penalty as a fine and is an initiative of its employers applied. Therefore, there is no clear regulation of its application.
And employers use one that does not contradict the law and allows you to punish negligent employees. Here she is:
1. The company has established such a procedure for the formation of wages, which includes monthly incentive payments based on the results of work
2. Issued and put into effect, including brought to the attention of all employees, an internal document (local normative act) provision on bonuses for employees with the establishment of periods for summing up the results, cases and actual circumstances, upon the occurrence of which these incentive payments are provided.
Summing up the results of the reporting period (it does not matter whether it is a month, a quarter or a year), taking into account the results of the work of employees for it, the management itself decides whether his subordinate is worthy of these incentive payments or not.
There are options for "voluntariness" to pay fines to employees for their misconduct - collecting in a common cap and spending these funds on joint activities. It can be like an actually installed piggy bank in the most honorable place or the accumulation of funds in a separate account.
Thus, fines are disguised as non-compliance with the conditions for bonuses. The use of such a system significantly saves the employer's money.
Please note that pure disciplinary action as a fine is illegal.
It is important to take into account that if the relationship between the employee and the company is regulated by a civil law contract, then according to the Civil Code of the Russian Federation, such a method of ensuring the fulfillment of obligations as a fine is provided for and permitted for use. There is no need to invent anything and penalties can be included directly in the contract with the employee.
What is the penalty for?
1. In the name of discipline
In most cases, employers view the fine as a disciplinary measure and an incentive to comply with the rules of conduct in the workplace. Thus, it is believed that by threatening workers with fines, labor discipline will be much better.
For example, fines are levied for:
- being late for work;
- unauthorized leaving of the workplace before the end of working hours;
- going to work drunk;
- eating at the workplace, and not in specially designated areas;
- smoking in the workplace, sometimes even within the entire company. It is easier to completely prohibit, declaring the fight against smoking and promoting a healthy lifestyle, than to provide specially designated places;
- nonworking behavior that prevents the team from performing the function assigned to it;
- inconsistency in appearance with the standards established by the company, the so-called "dress code".
- moving between departments within the company without urgent need.
2. Give me quality
Some companies use fines to improve the quality of their employees:
- increase in labor productivity, as a result - fulfillment and overfulfillment of the set plan;
- compliance with safety measures in order to reduce injuries.
3. Who will pay for it?
A number of Russian companies, represented by their owners, believe that his brainchild will not suffer losses. And if suddenly they arise, then it is not his entrepreneurial risk, but the fault of the company's employees. Therefore, they must answer. Therefore, the penalties imposed on employees:
- for low performance and "bad" work, which led to the non-receipt of profits by the company and / or payment of civil liability measures;
- causing damage to the company through the fault of the employee, including petty theft; - serve as compensation for material losses of the employer himself.
You do not have to fence the garden and recover the damage caused from the offending employee according to the rules provided for by the Labor Code of the Russian Federation. Although the norms of labor legislation also introduce a certain number of restrictions on compensation for damage to the company and, accordingly, clear regulation of the very procedure for compensation for damage caused by an employee, and the employer wants everything to be reimbursed to a penny and without any problems.
These are the most common examples of employee misconduct that are subject to fines.
Many more examples can be cited, it all depends on how rich the imagination of the bosses is regarding the rules of conduct at work for their employees.
It happens that some employers go too far and interfere with their own orders in the physiology of a person, thereby demanding to fulfill their natural needs strictly according to the clock, otherwise a fine; have a certain body odor or breath, otherwise fine. But these are examples from the realm of absurdity and commanding arbitrariness.
