Restriction of deductions from wages. Types and order of deductions

Every working person should know about what they mean by deductions from wages. This is the name of a certain amount that is deducted from the citizen's monthly income in connection with the situations defined by the Labor Code and federal laws. There is also a restriction of deductions from wages, as determined by regulatory enactments. However, all this should be told in order.

Article 137 of the LC RF

There is such a thing as legal protection of ZP. But before proceeding to a discussion of what the limitation of deductions from wages implies, it is necessary to turn to the 137th article of the LC RF. There are listed cases in which certain amounts of a person's monthly income can be withdrawn.

So, the employer has the right to deduct money from the PP of his employee in order to reimburse the advance he has not worked out. Also, he can do this for the repayment of the unreturned or unspent amount transferred to the account of the employee in connection with the transfer to a different post or sending on a business trip.

Still allowances are deducted from the wages of workers for the return of money, overpaid by them. This happens because of the accounting mistakes of the accountant.

Also, the employer can deduct a certain amount upon the termination of the employee before the end of the working year, in which the person has already received paid leave.

However, decisions on whether retention from employees' wages should be made must be taken by the management within one month after the day considered the last one for the return of the advance / debt / illiterate payments.

138 Article TC RF

But now we should tell about the restriction of deductions from wages. Their total monthly size should not exceed 1/5 of a person's income. Exceptions are "special" cases, prescribed in the Federal Law. They allow retention of 50% of the salary. But this is the maximum. Even if the calculation of a certain amount is made by several executive documents.

There are also a number of cases in which the restriction of deductions from wages is set at 70%. They concern people who serve a corrective punishment in a particular job, as well as citizens who pay alimony for minor children. 70% of the salary can be withheld from the income of individuals who reimburse the money for damage caused to the health / life of another person or valuable property.

But it is not allowed to deduct money from severance payments and other payments that can not be recovered in connection with the Federal Law.

Exceptions

There are cases, which, according to the description, approximate the previously mentioned ones, but in which retention of wages is not permissible. The RF TC also mentions them.

So, the situation with the dismissal. If a person leaves work due to the refusal to transfer to another, there are no penalties. The same applies to employees who are dismissed due to the fact that the employer no longer needs their services.

Other amounts are not withheld if the firm is liquidated, or the individual entrepreneur himself decided to close his business. The same case includes the reduction of staff, the emergence of emergency regulations, the change of ownership of the company's property, the call of an employee to military / civil service and the reinstatement of a person who previously performed this work.

And, of course, you can not withhold income from people recognized incompetent, or dead / missing.

About errors

It is worth noting that not always the salary, in excess of the listed employee, can be recovered. There are three grounds in total, one of which (counting error) has already been mentioned.

The second reason to collect "extra" money is the fault of the employee in idle time or in the non-fulfillment of labor standards. But only if it was recognized by the body dealing with individual labor disputes. This is indicated in the 155th and 157th articles of the LC RF.

And the third basis is considered illegal actions committed by a person. But, again, their commission must be established by the court.

Alimony

If we talk about types of deductions from wages, then this will be the most common. Therefore, it is necessary to note the topic of alimony with separate attention.

Legislation defines a clear procedure for collection and amount. Here's how to withhold alimony from wages:

• One minor child accounts for 25% of the monthly income.
• For 2 children - 33%.
• On 3 and more - 50%.

Suppose a person earns 30,000 rubles a month. In this case, his payments to the children would be 7,500, 9,900 and 15,000 taxpayers, respectively. For a citizen with an income of 50 thousand, withholding of alimony from wages would be equivalent to 12,500, 16,500 and 25,000 rubles.

It is important to know: if a person has debts, the law has the right to recover 70% of his income from it.

Changing the amount of alimony

It is also possible. But only in certain cases. And only after the court records the vital circumstances of both former spouses.

Withholding on the writ of execution from wages can be made in a smaller amount if a person has several children from different marriages. It is worthwhile to give an example. Suppose a man has three children from different women. In this case, each of them he will pay 16% of his salary.

Percent reduction

It seems possible. The percentage will be reduced if the payer worsens his financial situation. But in any case, to determine the new amount of payments will have to apply to the court with a statement of claim. Both former spouses will need to present certificates of their income, extracts from house books, a birth certificate / passport of the child and a document certifying the marriage / divorce of citizens.

The interest will be reviewed and reduced if the court concludes that it is no longer possible to withhold a certain amount from a person. Because it is too big and worsens his financial situation.

Types of payments

Telling about the retention of the payroll from wages, we can not fail to note with which attention sources of income can be recovered. In addition to the main income, the list includes bonuses, bonuses, bonuses for working in harsh conditions and long service.

Also, all allowances and types of pecuniary maintenance that can be paid to municipal and state employees are taken into account. Taking into account pensions, scholarships and royalties to authors. And also the profit received by the person from delivery of the property in rent or in rent. And the money accrued to his account during the period of incapacity for work.

But certain means never go to deductions from wages. The RF TC also contains them in their provisions. It is forbidden to recover money from the sums given to a person for travel expenses. Even with maternal capital, material assistance, compensation for burial and keeping pregnant or pregnant women. Also to this list are the amounts paid to the citizen as compensation for the damage caused to him.

Grounds

It is in accordance with them that types of deductions from wages are determined. However, there are only three of them. And here are the types:

• Required.
• Appointed at the initiative of the leadership.
• Agreed by employee and employer.

And if there is a need to keep a certain amount from a person, then the sequence determined by law is taken into account. And first of all, mandatory restraints are collected from the citizen. Which are taxes. And in this case, the amount of deductions from wages is well known to everyone - it amounts to thirteen monthly percentages.

Then, after deduction of taxes, the amounts collected under the executive document are paid. And, last but not least, a person lists the deductions provided by the administration. It is interesting that the salary, with which the amounts are recovered, is income taking into account personal income tax. Let's say a person's salary is 40,000 r. But after he pays the put 13%, he still has 34,800 rubles. Here from this amount will be calculated alimony and other deductions.

Priority

Go back to this topic. The order of deduction from wages is of special interest. The first thing to be satisfied is the requirements concerning alimony, and payments for compensation for harm.

Then the citizen is obliged to satisfy the requirements determined by the provisions of the employment relationship. This refers to the payment of labor of members of production cooperatives, lawyers, authors for the use of his works, etc. The deductions that go into this are the least common.

In the third turn, the amounts are transferred to the Social Insurance Fund. And in the PF RF. Then payments are made to state off-budget funds. And, last but not least, a citizen makes a transfer of the amount of deductions from wages on executive documents.

It is important to observe this order. The law obliges a person to satisfy the requirements of each line after the repayment of previous payments is made.

Retention as punishment

This type of penalty is also often encountered. We are talking about fines that take place in many enterprises. They are usually issued in the following cases:

• At a systematic delay.
• If the employee does not fulfill the norm of production defined by the local normative act.
• With the regular leaving of the workplace.
• In case of unintentional damage to the property of the enterprise by negligence.

In more serious cases (for example, while stealing valuables or disclosing a trade secret) with deductions from wages, the situation is not limited. Usually, for major violations, an administrative investigation follows.

As can be seen, the law describes in detail and understandably cases involving deductions of money from the legal monthly income of a citizen. And if there is a situation in which this knowledge is useful, it is better to carefully read the relevant federal laws and the Labor Code. They will help a citizen learn more about their rights.