The deduction from the salary at the initiative of the head is unacceptable, not including the taxes and cases described in the law: deduction on writ of execution, for unearned leave, advance payment, in the case of an estimated error and in the case of proved guilt of the employee (the labor norm is not fulfilled). In the third part of the labor code, everything is clearly spelled out (article 137). For lawyers, this rule is unshakable, and it is difficult for them to imagine that the head was so ignorant and allow such arbitrariness in relation to their employees. However, this does happen.
Judicial case
The manager, believing that the labor norm has not been fulfilled, having secured the support of his deputy in this matter, made a deduction from the salary (most of the amount). According to the law, this is an unacceptable action, even if the head believes that it is fair. This action was doubly illegal, because even in cases where the law allows you to keep your salary, more than 20% of the salary is still not eligible to withhold. Only in special cases - 50%, 70%, when it comes to writ of execution: alimony, compensation for harm (by court order).
And referring to your ignorance is completely pointless: the court in the case determined the guilt of the employer and ordered the payment of material damage and the salary due to the employee in full.
Law is law
The specified case from practice could turn out in favor of the employer. If he took into account the requirement of the labor code. An employee who has not complied with the labor standard must certainly work out the salary issued to him, if this is proved. It is unacceptable to commit lynching without evidence, without the participation of a third party (in this case, the labor inspector) in our country.
As for the unearned advance payment for the vacation at the dismissal of the employee, deductions can be made from the salary (the employee will receive only on the days worked). Withholding for unworked vacation days is completely legal (Article 137). However, there are cases in which the employee is not guilty, the dismissal was forced, and therefore deduction from the salary 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 Labor Code of the Russian Federation.
Many citizens naively believe that a salary accidentally issued above the prescribed salary may remain with them (“it is better to consider it better!” They say in such cases). In fact, according to the code of the Russian Federation, an excessively accrued amount can be deducted from the salary, if the reason was a counting error, with whom it does not happen ...
With regard to deductions, the labor code not only discloses in which cases deductions are possible and in which there are not, but also the sizes of deductions (from 20% to 70%) - article 138.
Executive production
As regards deduction from the salary under the writ of execution, it is also necessary to be guided by federal law, article 99 of the Federal Law No. 229 indicates the size of deductions from different writ of execution (different court decisions). By a court decision, a working citizen can be recovered from his salary at the expense of harm done to someone, at the expense of paying alimony. The basis is the requirements in the writ of execution, bailiffs send these sheets to the organization. And then it's up to the accountant. After tax deduction, a deduction is made on the writ of execution in strict accordance with the requirements specified there. But you must still remember: 70% of the salary can be deducted only in some cases (child support for underage children, for example). Usually deduction from wages does not exceed 20%. Deductions are made until the citizen’s debt is paid off (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 to the settlement accounts of companies to pay for their services immediately from their salary. To do this, write an application to the accounting department, after which the corresponding amount from the salary will be withheld and transferred to the recipient's account.