The government did not support the idea of ​​depriving employers of the right to refuse bonuses

The government refused to support the bill, which would limit the right of an employer to reduce wages or deprive an employee of a bonus if he has committed a disciplinary offense. As one of the reasons, the government indicated that the State Duma is already considering a draft law that defines the types of bonuses and the conditions for their payment to employees. The author of the bill, Senator Airat Gibatdinov, believes that the draft being considered by the State Duma “does not solve the identified problem.”

The bill proposed to amend Art. 135 of the Labor Code of the Russian Federation (LC), which will limit the employer’s right to adopt local acts establishing wage rules that allow the deprivation or reduction of an employee’s salary, including bonuses, due to a disciplinary offense. The government did not support the bill.

In the response to the document, which TASS reviewed, it is indicated that the authors of the amendments did not take into account that in Art. 135 of the Labor Code refers not only to incentive payments for achieving certain labor results, but also to additional incentive payments. The government also noted that the State Duma is already considering a government bill providing for amendments to Article 135 of the Labor Code. It determines the type of bonuses, their sizes, terms, grounds and conditions for their payment to employees.

Senator Airat Gibatdinov, who is the author of the bill, confirmed to TASS that he was notified of an alternative government project, however, in his opinion, this document “does not solve the identified problem.” Mr. Gibatdinov said that he plans to take part in a meeting of relevant committees, where he will defend his position.

On June 15, 2023, the Constitutional Court of Russia issued a ruling in the case of a former employee of a medical organization who complained that she was deprived of additional payments due to disciplinary sanctions. The Constitutional Court decided that the practice in which an employer, citing administrative penalties, deprives employees of bonuses in full, is a disproportionate punishment.

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