The Revocation of Bonus Pay in Case of Labor Misconduct: Legal Propositions of the Constitutional Court of the Russian Federation

Abstract

The article is dealing with the bonus payment regulation in accordance with the current labor legislation of the Russian Federation. Legal propositions of the Constitutional Court of the Russian Federation as well as contemporary labor legislation are the subjects of the research. The main guarantee of the employee rights is providing of the fair, full size and on time wage payments principle. The correlation of such concepts as salary, bonus pay and disciplinary sanction, is being revealed in the article.

Among the main issues in the research are lawfulness and reasonableness of revocation of the employee’s bonus in case of labor misconduct. In this respect, the legal propositions of the Constitutional Court of the Russian Federation concerning bonuses are being analyzed in detail. The authors emphasize that the way the Constitutional Court of the Russian Federation determines the pay deduction eligible limits (in case of the labor misconduct) is deemed to be controversial. In the absence of the sufficient and even necessary legislation of the bonus payment regulation such approach would not probably facilitate the securing of the employee rights in general and the employee rights for the fair, full size and on time wage payments in particular.