Withholding from wages: law and practice

Withholding from payroll on initiativethe head is unacceptable, not including taxes and cases described in the law: withholding on execution sheets, for unworked leave, advance payment, in case of an error in calculation and in the case of a proven fault of the employee (labor standard not fulfilled). In the third part of the labor code everything is clearly spelled out (137 articles). For lawyers, this rule is unshakable, and it is difficult for them to imagine that the leader was so ignorant and allowed such arbitrariness in relation to his employees. However, this happens.

An instructive case from the court practice

The head, having considered, that the norm of work is notwas satisfied, having secured support in this matter of his deputy, made a deduction from wages (most of the amount). By law, this is an unacceptable action, even if the leader believes that it is fair. This action was illegal doubly, because even in cases where the law allows you to withhold wages, more than 20% of your salary is still not retained. Only in special cases - 50%, 70%, when it comes to the execution sheets: alimony, compensation for the harm done (by court order).

And to refer to my ignorance in this caseit is completely pointless: the court in the case determined the fault of the employer and ordered the payment of material damage and the salary due to the employee in full.

Law is law

This case from practice could turn around andin favor of the employer. If he took into account the requirement of the labor code. An employee who has not fulfilled the labor standard, of course, must work out the salary given to him, if it is proved. It is unacceptable in our country to carry out self-trial without evidence, without the participation of a third party (in this case, the labor inspector).

With regard to the unpaid advance fordismissal of the employee, withholding can be made from the salary (the employee will receive only on days worked). Holding for unworked vacation days is quite legal (Article 137). However, there are cases in which there is no fault of the employee, the dismissal was forced, and therefore deduction from wages is not made: due to the state of health, liquidation of the enterprise and other cases listed in Articles 77, 81 and 83 of the LC RF.

Many citizens naively believe that accidentallyissued higher than the salary can remain with them ("it is better to consider it!" - they say in such cases). In fact, according to the RF code, a surplus amount can be deducted from the salary, if the reason was a countable error, with whom it does not happen ...

On the part of withholdings, the labor code not only discloses in which cases it is possible to withhold, and in which there are not, but also the amounts of withholdings (from 20% to 70%) - Article 138.

Executive Proceedings

In terms of withholding from the salary of the executivethe sheet must also be governed by federal law, article 99 of Federal Law No. 229 specifies the amount of withholdings for different execution lists (different judgments). By decision of the court, a working citizen may be recovered from the salary in the event of damage to someone, in the event of payment of alimony. The basis is the requirements in the writ of execution, the bailiffs send these sheets to the organization. And then it's up to the accountant. After deduction of taxes, a deduction is made on the writ of execution in strict accordance with the requirements specified there. But it is nevertheless necessary to remember: 70% of the salary can be withheld only in some cases (alimony to minor children, for example). Usually the deduction from wages is not more than 20%. The deductions are made until the debt of the citizen is repaid (indicated in the court decision and in the writ of execution).

Retention at the request of the employee

An employee may wish to make transfers tosettlement accounts of companies in the account of payment of their services immediately from the salary. To do this, it is worth writing an application to the accounting department, after which the corresponding amount from the salary will be withheld and transferred to the beneficiary's account.
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