Downtime of the enterprise due to the fault of the employer as formalized. Order on idle time due to the fault of the employer - sample and form. Downtime announced simultaneously with the reduction without objective reasons

The definition of downtime is disclosed in article 157 of the Labor Code of the Russian Federation. This is the suspension of work processes at the enterprise due to technical, managerial, economic and other reasons. Main Feature its is temporality. It is assumed that after the elimination of certain factors, the organization will resume its work.

Probable causes of downtime due to the fault of the employee

In the TC, all issues related to downtime are explained very briefly. There are no specific reasons that may lead to the suspension of work. Their list is determined by the employer in individually. However, the most common reasons for suspension due to the fault of the employee, which are relevant in practice, can be identified:

• Violation of the rules for the operation of equipment, which led to the breakdown of the latter.
• Refusal to be instructed or medical checkup if they are required to do the job.
• Deliberately creating conditions that make it impossible to continue production processes(for example, a strike).

In the presence of following factors Responsibility for downtime cannot be assigned to an employee:

• The suspension is due to force majeure.
• This is a natural consequence of the work of the enterprise, associated with economic risks.
• Downtime entailed actions taken out of extreme necessity.

An employer cannot indiscriminately accuse an employee of suspending work. To identify the guilty person, according to Article 247 of the Labor Code of the Russian Federation, it is necessary to convene a special commission. The guilt of an employee involves the commission of a disciplinary act of a guilty or unlawful nature. If, for example, a person has not performed work that does not concern him official duties, in connection with which a downtime occurred, this cannot be a disciplinary offense.

IMPORTANT! The employee has the right to disagree with the accusations of the employer and challenge his decision through the court, complain to the labor inspectorate.

How is downtime paid due to the fault of an employee?

Is the period of suspension of work caused by the fault of the employee paid? The Labor Code gives an unequivocal answer - the employer is not obliged to make any payments. However, only the guilty person loses his salary.

Downtime may affect the activities of employees for whom the suspension arose for reasons beyond their control. These workers will be compensated. This rule spelled out in a letter from Rostrud dated May 12, 2011. Charges are made taking into account the following features:

• The amount of compensation is calculated based on the following formula: (salary / number of working days in the month of downtime) * 2/3 * number of days in the period of suspension of work.
• Compensation paid to employees must not be less than 2/3 tariff rate.
• If an employee was on sick leave during the suspension of work, he will not be credited with temporary disability benefits. The exception is going to sick leave before the introduction of downtime at the enterprise. In this case, the benefit is accrued in the standard mode, even if the employee continued to be on sick leave throughout the suspension.
• All payments made to employees, as well as temporary disability benefits, are taxed at the standard rate.

ATTENTION! Payments are made only to those employees who are not guilty of downtime. If more than one person is at fault for the suspension, no payment will be made to all of them.

Proper downtime

Proper registration of downtime is necessary, first of all, for the employer. So he will protect himself from possible problems with labor inspectorate and other government agencies. Registration involves the preparation of three main documents:

• An act indicating the presence of guilt of an employee in idle time.
• Papers in which you need to record the fact of the suspension of work.
• Order on the transfer of employees to downtime.

Registration is carried out in accordance with the following algorithm:

1. Upon downtime, an act is drawn up. It requires a detailed description of all the circumstances that provoked the suspension. These circumstances should indicate the fault of the employee. For example, you can indicate the fact of equipment breakdown that arose as a result of non-compliance with the operating rules by an employee.
2. The employee must be familiar with the act under the signature. If the employee refuses to put his signature, the act should be sent by valuable letter and acknowledgment of receipt. The letter is sent to the employee's home address.
3. If the employer has concerns that the employee will challenge his guilt, an expert can be invited to draw up an opinion on the factors that provoked the downtime.
4. Appropriate marks are put in the time sheet.
5. An order is being prepared to transfer the employee to idle time. The document is drawn up in any form. There are no requirements for its execution in the Labor Code, however, it is desirable to reflect in the order all the circumstances of the suspension.

IMPORTANT! Typically, the employer cannot accurately predict the end of downtime, but it is advisable to indicate approximate dates resumption of activities of the enterprise in the order. For example, it could be a week or a month.

Reflection of downtime in the timesheet

For a suspension that arose through the fault of an employee, the letter code “VP” is relevant, as well as the code in numbers “33”. If the reasons for downtime are different, the designations will change:

• Through the fault of the employer - "RP" and the code in numbers "31".
• For reasons beyond the control of the employer and employee - "NP" and "32".

Errors in accounting for downtime in the time sheet can be fatal when checking the enterprise by the labor inspectorate upon the appeal of the guilty employee.

5 Common Employer Mistakes When Downtime

Not all employers thoroughly know the Labor Code, and therefore errors in the design of downtime are not uncommon. Consider the most common of them:

1. Incorrect determination of the cause of downtime. Sometimes the employer announces a suspension of work to force the employee to write a letter of resignation. The employee can go to court. If the court does not provide evidence of the actual existence of the circumstances of the suspension of activities, the employee has every chance to win the case.
2. Invalid downtime type definition. The view will depend on the reasons that led to the stop. If what happened is the fault of the employer, and he indicates the fault of the employee in order not to pay compensation, then this is a gross mistake.
3. Lack of related documentation. Employers take advantage of the fact that the Labor Code does not give any instructions regarding the execution of an order. However, it is better to provide for its presence, since the document is a confirmation of the legality of stopping activities. On its basis, the accounting department calculates compensation.
4. The order does not specify the obligation for employees to be at the workplace during the idle period. The obligation of an employee to be at the workplace is at the discretion of the employer. If he does not give appropriate instructions, employees may well not come to work.
5. Registration of vacation for the period of downtime. It is carried out in order to reduce the company's expenses. However, the manager must remember that unpaid leave is possible only if the employee has the appropriate initiative.

All errors are taken from judicial practice on labor matters.

If a business entity is experiencing better times for their activities and are not able to fully load employees with work, then the alternative to reducing them or sending them on unpaid leave is simple. With proper design, it allows you to save employees for a period of production difficulties. Downtime is an unpleasant event for the enterprise and for its employees. The company suffers losses, and employees receive payments that are significantly less than their base salary. What is a simple one, how to issue it, what obligations does it form with the employer and what can the employee expect?

Downtime at work

Forced downtime due to the fault of the employer: what does the Labor Code of the Russian Federation say

The suspension of the activities of a business entity due to objective reasons, as a result of which conditions are created in which it is impossible to work, is called downtime. It may be due to circumstances beyond the control of employees, as well as through their fault.

If a person, for objective reasons, cannot conduct activities regulated by internal documentation, then the employer needs to make a decision:

• about transferring to another workplace with the corresponding payments under the item "wages";
• on registration of the suspension of work and the production of appropriate payments to employees in an unfavorable period for the enterprise.

Causes of the situation

Downtime due to the fault of the employer occurs due to the failure to ensure the workload of production in full due to organizational, economic or technical failure. Recognition of the suspension of the activity of a business entity for reasons beyond the control of the employer and employee occurs in the event of force majeure situations, such as disasters, catastrophes, military operations, provided that they are officially confirmed by documents that recognize the assignment of the event to such a category.

The reason for the suspension of the functioning of the subject through the fault of the employee may be his absence from the workplace for a number of disrespectful reasons without warning the authorities. An employee may be accused of suspending the activities of the enterprise if he fails to fulfill his official duties, the result of which determines the production tasks for another person.

Technical and organizational

The lack of raw materials and materials to ensure production, appropriate conditions, without which it is impossible to carry out work, such as electricity, lighting, sewerage, water supply and sanitation, are the fault of the management, which does not conscientiously perform the management functions assigned to it.

It is impossible to conduct activities if the equipment requires repair or the working conditions directly threaten human life and health. In such a situation, the lack of work is the fault of the employer, even if the employee independently refused to perform official duties.

Economic

The economic reasons for downtime are due to the difficulties of the enterprise in the field of financing. They may be due to the failure of the production plan, the loss of customers and the rupture of contracts. All these factors can make it impossible or irrelevant to continue working in full mode.

Read also: Dismissal by own will during sick leave

How to issue

Any circumstances that caused the suspension of activities bring losses to the business entity. Timely and correctly executed forced downtime due to the fault of the employer will help reduce its costs for making the due payments.

Legislative regulation of downtime

Upon receipt of information about the circumstances under which it is not possible to continue production activities, the head of the company should try to solve the problem situation in order to prevent downtime. If this is not possible, then you should deal with the current situation and make a prompt decision to declare downtime. For this it is necessary to carry out a number of activities:

• drawing up by the head of the unit a memo about the circumstances under which it is impossible to continue working;
• identification of the guilty;
• setting deadlines for eliminating the cause of downtime, because otherwise it will have to be recognized as indefinite;
• resolve the issue of where the employee who was touched by the downtime should be;
• transfer of employees to another department or execution of an order for their absence during this period at the workplace;
• drawing up the relevant act;
• registration of administrative documentation and familiarization with it of the persons to whom it concerns;
• notification of the employment service about the event if the issue of suspension of activities is relevant for the entire enterprise;
• appropriate design of the time sheet with a code, the type of which is determined by the circumstances that caused adverse events for production.

An employer cannot force people to work during an officially recognized downtime period. If the head of a business entity did not notify his employees of their special status and made them cut wages for this period, then the employees have the right to complain to the management about his illegal actions.

The law provides for the obligation of the employer to pay the employee downtime. The amount of the payout is unlimited by the maximum value. It can be regulated by the internal administrative documentation of a business entity. Downtime due to the fault of the employer is paid in the amount of 2/3 of the average earnings.

If the company’s activities are suspended due to the fault of the employee, he is not entitled to any payments, provided that there is an act drawn up by the commission, which documents the fact of identifying and confirming guilt. If none of the parties is to blame for the circumstances that caused the downtime labor relations, then payments are made in proportion to the time of non-fulfillment of official obligations. When determining its value, the corresponding part of the bet is taken as a basis.

Payments by an employee for downtime are not classified as compensatory payments, therefore they are taxed on a general basis.

Payments are made to the main employees and part-time employees in accordance with a single general procedure. Even a few hours of downtime fixed within the shift are paid. At the same time, an order for downtime due to the fault of the employer must be drawn up, a sample of which can be found on the Internet.

The law provides for the right of the employer to issue a transfer to another workplace for a time period not exceeding a month. Consent from the employee will be needed only if the person is transferred to a job that requires a lower qualification than it was. Idle time in this situation is not paid, because a person works and his work is paid.

Downtime due to the fault of the employer is not such a rare occurrence and occurs both on large enterprises, as well as in small firms. But at the same time, practically no attention is paid to the issue of registration of idle time in labor legislation. This article will focus on how to document downtime and pay workers time.

What is meant by the concept of "simple" in the Labor Code of the Russian Federation

The concept of "simple" appears in the Labor Code of the Russian Federation in Art. 72.2 and 157. And if in the second article we are talking about payment in such a situation of working time, then in the first there is a definition according to which a temporary suspension of work is called downtime. But the reasons for the suspension of activities are also immediately indicated. Their character may be:

• technical;
• technological;
• economic;
• organizational.

But here the downtime time frame is not indicated. It can last a day, a week or a month. It turns out that until the employer wants or is unable to resume work, he has the right to extend the downtime. The main thing is that everything should be formalized.

Another important detail is whose fault the work was suspended. This can be done:

• due to the fault of the employer;
• fault of the employee;
• reasons beyond the control of the employee and the employer.

In practice, it can be difficult to distinguish whether the downtime was formed due to the fault of the employer or due to reasons beyond the control of the employee and the employer.

For example, demand for products fell, and production had to be temporarily suspended. Is the employer to blame for the forced downtime? Naturally, the employer does not admit his guilt, referring to the economic crisis. But, on the other hand, this situation can be presented as an unfortunate one. entrepreneurial activity, which means that the employer must be responsible for its consequences. And if the employees do not agree with the position of the employer, then the court will have to determine the presence of his guilt.

How to issue a downtime due to the fault of the employer

Registration of downtime falls on the shoulders of the employer. It is he, according to the norms of Art. 91 of the Labor Code of the Russian Federation, is obliged to keep records of the hours actually worked by each employee. For these purposes, special forms are used. In the resolution of the State Statistics Committee "On approval unified forms primary accounting documentation for the accounting of labor and its payment "of 05.01.2004 No. 1, forms T-12 and T-13 are given, which are used for the time sheet.

Don't know your rights?

However, with the introduction of new rules accounting The Ministry of Finance published information dated 04.12.2012 No. PZ-10/2012, where forms T-12 and T-13 were canceled as mandatory for enterprises. Since 01/01/2013, the management of companies can independently approve the form for recording hours worked.

In order to mark downtime in the time sheet, you must legal basis. Therefore, the enterprise issues a separate order, which indicates the downtime due to the fault of the employer and those employees who temporarily suspend their labor activity, as well as the amount of wages for this period.

If the employer did not initiate the registration of downtime, then the employee himself may take care of this. To do this, he must convey information about the lack of working conditions to his superiors. Better do it in writing, for example in the form of a report.

What payment is provided in case of downtime for employees in 2017-2018

When the employer is to blame for the downtime, he is obliged to set the amount of remuneration for the entire period of suspension of work at least 2/3 of the average salary of the employee. It is important that not only the salary is used to calculate the average salary, but also all bonuses and allowances received by the employee.

And here an interesting point arises: it will be cheaper for the employer to issue a simple one for reasons beyond the control of the employees and the employer. Then he will have to pay 2/3 of the salary (tariff rate). The employee must track this moment himself if he wants to protect his rights; he must also be prepared to defend them, perhaps even in court.

The fact that the Labor Code of the Russian Federation refers to 2/3 does not mean that the employer cannot increase payments. 2/3 of the average salary or salary is the minimum.

What should an employee do during downtime

If an enterprise declares forced downtime due to the fault of the employer in accordance with all the requirements of the Labor Code of the Russian Federation, then the employee faces the question: is it necessary to go to work? This moment should be settled between the employees and the employer at the very beginning. If the employer allows not to visit workplaces, then this should be displayed in the order. Otherwise, the absence of an employee at the workplace can be considered as absenteeism.

The main thing is that downtime due to the fault of the employer does not turn into a forced vacation when employees go home. Usually, before this, the employee is asked to write an application for time off or leave at his own expense. Again, the employee in this case must be attentive and defend his civic position.

During downtime due to the fault of the employer, the employee may be offered to transfer to another position - however, for this, the company must have open vacancies. If the employee agrees, then a temporary transfer can be issued for up to a year. Without the consent of the employee, he can be transferred in case of downtime to another job for a period of not more than a month. But if there is only a job that requires a lower qualification for replacement, then even for this month the consent of the employee will be required.

If the transfer nevertheless took place, then the salary is paid according to the conditions new position, but it cannot be less than the average earnings at the previous job.

Downtime due to the fault of the employer is registered by the person responsible for maintaining personnel work; if the company is small, then most often this is done in the accounting department. There are no clear requirements for the form of an order issued in such cases in labor legislation. However, it is recommended not just to announce a temporary suspension labor activity, but describe in detail all the circumstances of the downtime: the start date, the period for which it is planned to suspend activities, list the persons to whom the order applies, and announce their salary for the downtime period. It is better to acquaint employees with such an order against receipt.

Failure by an employee to perform their job duties usually implies penalties from the employer. After all, who does not work, he may not count on remuneration. But there are times when an employee simply cannot do the job, and this happened because of the employer. The conditions for such a break vary, but in all such situations, the employee is entitled to compensation.

Peculiarities. In what cases can it occur

Forced downtime is a certain period of time during which the employee cannot fulfill his duties prescribed in the employment contract. The problems that led to this situation may vary, as well as their culprits.

Exists several reasons for such pauses in work:

1. Economic kind. For example, the firm has no orders. And although this reason can be attributed to the economic situation in the country and considered external, judges, as a rule, consider it as a direct fault of the entrepreneur. After all, the manager is obliged to correctly calculate financial risks. Therefore, if there are any circumstances that justify the employer, he will be obliged to prove this in court - which, however, does not relieve him of the need to compensate employees for wasted time.
2. of a technical nature. Here the range of potential culprits is much wider. If the manager deliberately delays the process of completing the task, the fault for the pause lies with him. If an employee breaks the only equipment suitable for the job until a new one is purchased and delivered / installed, he is responsible for the pause in work. External causes can also play a role: for example, the materials necessary for repairs did not arrive. Outside deliveries depend on the logistics of another company, so a third party is responsible for downtime.
3. organizational nature. A good example is strikes. People who did not join the rally are still unable to do their job. The legality of the protests plays a big role: if everything is legitimate, the manager is to blame. If not, no one. It also depends on the amount of compensation and whether it needs to be paid at all.

Without a trial, all the nuances of downtime often cannot be resolved. Indeed, in the Labor Code of the Russian Federation there is no clear list of situations that can be unambiguously classified as simple due to someone else's fault. The proceedings must establish the nature of the interruption and whether one of the parties is responsible for it. employment contract. This directly affects the payment for a pause in work.

You should also not confuse simple and flawed. At the first employee does not work at all. With a flaw, a person does not “fit” into the schedule required amount shifts, but he performs his duties.

How to make a simple one: step by step instructions

To get started, you need to clearly determine the reasons for the pause in work and in the future, all documents are drawn up based on their justification. In this case, the documentation of the institution will greatly help, with the help of which the fact of the suspension of activities will be obvious. For example, the accounting department is obliged to record a change in income, a shortage of certain materials for work. The employer must collect and carefully study all invoices, memos and other similar acts.

In the Labor Code of the Russian Federation, the process of registering a break in work is not prescribed, therefore, further steps are described based on numerous litigations.

Step one. We write in a formal business format downtime order. There is no clear form, so the text of the order is drawn up by each manager personally. What should be included in the document:

• specific date and exact time the beginning of a break in work;
• it is also desirable to determine the date of its end, although the employer does not always have this information - for example, if there is a need to clarify the circumstances of a pause in work. Then a phrase is introduced into the contract that the break will end when the event N occurs;
• for what reason there was a downtime and who is responsible for it;
• depending on the nature of downtime, it can be introduced either for one / several departments of the enterprise, or for the entire organization. In both cases, the employer is obliged to list by name each employee who will be affected by a break in work, indicating their positions. Also separately write down the names of departments (workshops, offices, etc.) that will be idle;
• reference or quote from Article 157 of the Labor Code of the Russian Federation, in the part that describes the payment procedure for a specific downtime culprit;
• if the manager decides that his employees may not be present at the workplace during a pause in the performance of duties, this must necessarily be reflected in the order. If this clause is not present, employees cannot leave their places or not come to work.

This rule is due to the fact that a pause in work is not equivalent to rest. That is, although the worker has nothing to do, he still must visit the place of work, unless the manager seems to be more profitable in a different alignment.

All employees affected by this situation are required to put their signature on the order, thereby confirming that they have read the document.

Step two. It should only be done if the employer completely freezes the activity of the enterprise. In this case, you need to notify the employment service. After the start of the pause in work, the manager has three working days to write this notice and send it to the desired address. There is also no clearly defined form of the document.

Step three. Filling out the time sheet. The time in the timesheet is calculated to the nearest minute. Depending on the reason for the downtime, you need to specify a special code.

Examples of documents for registration

A downtime order can be issued as follows:

An example of an explanatory note for downtime due to the fault of the employee:

How is forced downtime paid?

Maximum payment amounts are not limited, the employer has the right to set them at his own will. The law only sets out the minimum requirements for compensation., payment below this bar will be illegal.

Downtime due to the fault of the employee is not subject to compensation. In such cases, we are most likely talking about disciplinary offenses, so the entrepreneur can additionally punish the employee for a pause in work - for example, reprimand him with entry in a personal file, or deprive him of the bonus.

Idle time due to the fault of the employer at least two-thirds of the employee's average salary is paid.

Downtime for other reasons that come from outside and are not dependent on the parties to the employment contract is paid in the amount of 2/3 of the tariff rate or salary of the employee, calculated in proportion to the time of the break in work.

What should an employee do during this time?

If the employer did not send the employee home, he has the right to offer the employee to temporarily perform other official duties . This requires the written consent of the employee, as well as proper execution his temporary transfer, fixed by a special act.

In this case, for the work done employee needs to pay full size wages, received by people who perform the same duties in the organization.

Transfer to a less qualified job (respectively, with a lower wage) is prohibited.

Sometimes workers may also carry out their previous labor obligations in another area. In this case, the employer does two things: draws up an act on the movement of the employee and stops the downtime in relation to him. This method relevant only if the person’s labor duties do not change at the new work site.

If a the employee does not agree to the transfer, he has the right to still visit the workplace and do nothing there.

Among entrepreneurs, there the practice of sending subordinates on business trips during their downtime. This is not prohibited by law, but then you need to pay not for a pause in work, but for a business trip.

Particularly bored employees can clean up the office, but this is an exclusively personal impulse of their soul, so they are not entitled to demand for such payment. Office cleaning is the job of a cleaning lady who is paid to do it. The employer cannot force the workers to clean up, "since they are not busy anyway."

In general, every employee should be aware that during legal downtime, he has every right not to work and not agree to temporary transfers for other positions. Everyone decides for himself how to diversify his activities in the workplace when there is no direct work. The main thing is not to interfere with other employees to perform their duties.

Video contains Additional information on staff reduction, registration of idle time of the company.

In working life, situations are not uncommon when an employee cannot perform his duties against his will. They turned off the light - the work stopped, they make repairs on the trading floor - it is impossible to serve customers, they did not deliver raw materials - there is nothing to produce goods from.

A host of economic, technological, and extreme conditions can disrupt normal functioning organizations. If these reasons are temporary and do not lead to the complete liquidation of the business, downtime is introduced.

What is downtime due to the fault of the employer?

Downtime is understood as a forced suspension of work. This measure is introduced due to the economic situation, equipment breakdown, lack of Supplies and raw materials, demand for products, natural disasters, accidents, license revocation and a number of other reasons.

Depending on them, there are:

• downtime due to the fault of the employer;
• downtime due to the fault of the employee;
• downtime due to circumstances beyond the control of the parties.

It takes place when it is introduced through his fault (for example, revocation of a license from a bank for violations of the law or other suspension of activities by regulatory authorities, a fire due to the employer's failure to comply with safety standards), or is due to production necessity. The latter is the most common.

Indeed, sometimes it is required to carry out repairs and modernization of equipment, move to other premises, spend sanitary days, and the like. It also happens that the company does not deliver necessary materials or a sharp drop in demand for a particular product or service.

It's not the employee's fault. labor law it is stipulated that its work should be provided by management. To protect the worker and give him a livelihood while the authorities solve their problems, the law provides for a guaranteed saving of part of the earnings for the period of downtime.

If the employer is not going to be liquidated, and the reasons are obviously temporary and not too long-term, it is better to introduce downtime than to reduce employees.

This allows you to retain a staff of professionals and quickly resume production when the grounds for suspension of activities disappear, moreover, you will not have to bear additional costs for paying compensation in case of dismissal due to liquidation or staff reduction.

We make a simple one correctly

An order must be issued.

There is no special procedure for introducing downtime in the Labor Code of the Russian Federation.

In practice, if such a need arose, the head of the organization must issue a written order, where to write:

• company name;
• number and order number;
• what is the order about (“On the introduction of downtime”);
• grounds for suspension of work (equipment modernization, accident, repair of premises, etc.);
• which of the employees will be idle;
• downtime (start and end time);
• whether idle workers are required to come to work;
• payment amount;
• who is responsible for carrying out the order.

The order is signed by the chief executive and under the signature is brought to the attention of all interested employees.

The law does not oblige the authorities to ask the opinion of the trade union about downtime.

There are several nuances in the preparation of the order. So, at the time of issuing the order, it is not known how long the work stops, it is better to write the minimum guaranteed period.

Especially if employees were allowed not to appear at their workplaces, or the need for downtime is eliminated for different employees in stages (for example, as the accident is eliminated in different workshops). If the reasons for downtime do not disappear within the period specified in the order, an order must be issued to extend the downtime period.

A special order to end the downtime is not issued.

The exceptions are cases when work is resumed ahead of schedule or the conditions for the location of employees change.

An example of an order to introduce downtime

COMFORT LLC

No15-OD dated 06/17/2017

About the introduction of downtime

In connection with the replacement commercial equipment and carrying out repair work in the trading floor, I order:

1. Declare downtime due to the fault of the employer for the shop assistants Smirnova Victoria Sergeevna, Kharcheva Oksana Viktorovna, Sergeev Denis Vladimirovich;
2. Set the deadline for the introduction of downtime from 06/25/2017. to 10.07.2017;
3. Allow the specified employees not to go to work during the specified period;
4. To the accountant-calculator to pay wages to idle employees in the amount of two-thirds of the average earnings;
5. To the personnel officer in the timesheet, put down the RP code;
6. I am responsible for the execution of the order.

Timesheets for those who are idle

Since the beginning of 2013, time worked can be taken into account not only using standard forms T-12 and T-13, but also in any convenient time sheet form approved by a particular organization.

When filling out the time sheet for a specific employee who is idle due to the fault of the administration, the RP code is entered in the first line, and below the hourly indicator (for example, 8).

Employment Service Notice

Whether or not to inform the employment service about the idle time introduced depends on the circumstances of its introduction. If production has completely stopped due to downtime, you need to notify. In other situations, this is not necessary.

We pay downtime due to the fault of the administration

Special procedure for downtime payment.

The administration suspended work on its own initiative - must pay the employee at least two-thirds of the average salary (Article 157 Labor Code). At the same time, the average salary includes, in addition to the salary, all bonuses, allowances and additional payments.

How to count correctly average earnings clarified in the Regulation on the peculiarities of calculating the average wage (see Decree of the Government of the Russian Federation of December 24, 2007 No922).

This is the minimum guaranteed by law.

However, by local acts, including directly by an order to introduce downtime, the employer can guarantee an increased percentage of payment.

Downtime payment refers to, therefore, it is accrued and paid in the same terms as the regular salary.

How to pay downtime while on vacation

For employees on regular annual leave, there is no additional payment for downtime. But if an employee left, and his unit is idle, from the day of exit, he is charged for downtime.

Similarly, payment is made if the employee went on vacation from idle time. While the employee is idle, he receives 2/3 of the salary, with vacation, vacation pay is calculated.

If the accruals do not reach the minimum wage

Sometimes payroll accountants are faced with the fact that the salary during downtime is less than the minimum wage. This is relevant when work is suspended for a month or more or the employee's salary is at the minimum wage. The question arises whether it is necessary to pay extra to the minimum wage.

No. The law provides that wage should not fall below the minimum wage only when the employee has worked the full time norm.

An idle employee does not actually work, which means that there is no need to pay extra to the minimum wage.

Sick pay for downtime

Sick leave is not always paid.

During downtime, sick leave is not paid. If an employee falls ill, and at that time the organization suspended work, then the sick leave is paid for the days preceding the downtime, the percentage of payment depends on the length of service (60-100%).

From the date of suspension of activities, payment goes to 2/3 of the average salary. In this case, the employer pays for the first three days at his own expense.

If the sick leave is covered by temporary downtime, then the payment goes as for a simple one, the sick leave is not paid.

If the beginning falls on the downtime, and its end is already outside this time, then sick leave is calculated from the day the downtime ends, and the first 3 days from the end of the downtime are paid from the organization's funds.

What Not to Do

Employees can sue.

Some employers, in order to save money, replace simple unpaid leave. This is a gross violation of the law.

Firstly, to send on such a vacation, a written application from the employee is required. Secondly, days without saving are given for personal reasons of the employee, and not for production needs. Therefore, the management, forcing their employees to write such statements, is at great risk of running into a labor inspectorate.

In this case, negligent bosses may run into a fine for non-payment of their hard-earned money to their subordinates, the chief accountant and manager will have to pay 10-20 thousand rubles out of their pocket, but the organization itself is threatened with recovery of up to 50 thousand. And if this mass practice, it can reach a criminal article.

Often suspending work, for example, in a workshop, the management directs employees to clean up the territory or put things in order in the archive, in general, plugs those holes where there are not enough hands. It's not always legal.

For such translations, the written consent of the person being translated is required, with the exception of emergencies(catastrophe, accident, flood, fire, etc.), when the transfer is associated with a threat to people's lives and is necessary to prevent it or eliminate the consequences.

Then, for a period of up to a month, an employee can be transferred without asking him. But even in this case new job is selected taking into account the health status of the employee.

If the management respects its subordinates and does not want litigation, it should draw up documents correctly and pay all the money due to the employee. After all, the fact that I had to wander around without work is not the fault of the employee.

In this video, you will learn what employees are entitled to when the plant is idle.

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