Simple due to the fault of the worker as paid. Forced downtime for uncontrollable reasons

In the work of any enterprise, interruptions are possible due to temporary economic difficulties, unforeseen situations, as well as due to the sluggishness or negligence of the management. If the employer cannot provide his employees with the work provided for by the employment contract, then this is regarded as forced downtime due to his fault.

If the work was stopped through no fault of the employer or employee, then the payment should be 2/3 of the salary. A larger amount may be provided for by an employment or collective agreement.

The average monthly salary is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation. The amount includes not only salary, but paid bonuses and allowances.

If the downtime was due to the fault of the employee, then he will not receive payment. If others have suffered from the actions of one employee and lost their jobs as a result of this, then they will have to receive payment in the amount of 2/3 of the salary or tariff rate for a simple reason independent of them.

Downtime payment calculation example

For example, an enterprise engineer was unable to perform his functions due to the fault of the employer from May 10 to May 30, 2017 inclusive. To calculate the average salary, a period equal to 12 months before the month of downtime is taken.

With a salary equal to 25 thousand rubles a month, the total annual earnings amounted to 300 thousand rubles. During this time, the employee received quarterly bonus payments equal to 10 thousand rubles. For 4 quarters of the year they amounted to 40 thousand rubles.

The total salary, from which the average earnings are calculated, is equal to 340 thousand rubles as a result. If this amount is divided by 248 working days, then the average daily earnings will be 1370.97 rubles. This figure is multiplied by 20 days, and it turns out 27419.4 rubles. 2/3 of this amount will be 18279.6 rubles. This is compensation for forced downtime.

If you have been charged the wrong amount, or the employer refuses to pay, contact the lawyers.

Leave during downtime

Payment for vacation and payment of compensation for unused vacation is calculated on the basis of the last 12 calendar months. In accordance with Art. 121 of the Labor Code of the Russian Federation, the length of service, which gives the right to annual paid leave, includes the time when the employee did not perform his direct labor functions, but in accordance with the Labor Code of the Russian Federation, the labor or collective agreement, the position and place of work were retained. This includes annual paid leave, holidays and days off and other periods of rest provided to the employee. From this it follows that the length of service, giving the right to annual leave, includes a period of downtime.

By agreement with the employer, the employee can go on vacation for a period of downtime.

Sick leave during downtime

Despite the fact that the downtime arose through the fault of the employer, and a team, workshop or most of the enterprise was left without work, one of the workers could get sick even before the start of the suspension of work, and someone during it.

Prior to January 1, 2007, disability benefits in such cases were paid only when a person received sick leave before the start of downtime. Since the beginning of 2007, in accordance with paragraph 7 of the Federal Law "On the provision of temporary disability benefits for pregnancy and childbirth of citizens subject to compulsory social insurance" dated December 29, 2006 No. 255-FZ, sick leave is paid if the employee falls ill not only before, but during or after downtime.

Payments are made based on the size of the average wage, but not higher than the amount of benefits that the employee could receive under the general rules.
This means that the employee will receive compensation for sick leave before downtime based on his average salary for this period, and for days during the suspension of work, the amount of disability benefits will be at least 2/3 of the average salary or tariff rate. The amount of the benefit will be calculated in two ways: according to the general rules and according to the rules for paying downtime. This will take into account the length of service, reasons for disability, limits on the amount of benefits.


In accordance with Ch. 2 of Law No. 255-FZ, not only citizens of the Russian Federation, but also individuals permanently or temporarily residing in Russia, foreign citizens and stateless persons who work under an official employment contract can apply for sick leave.

Individuals who pay insurance premiums for compulsory social insurance are considered insured.

What should an employee do during downtime?

Suspension of work during downtime is not a vacation. The employee must be ready to start his duties at any time. Therefore, he must be at his workplace. If there is no need, then the immediate supervisor may allow to be absent from the workplace. But such an absence must be legally formalized in the form of a dismissal note or enshrined in a downtime order. Otherwise, it can be regarded as absenteeism and lead to dismissal.

During the absence of work, the employer may offer the employee to transfer to another workshop or department, to another position. Without the consent of the employee, he can be transferred for a period of downtime in the same specialty or profession for no more than a month. In other cases, the consent of the employee must be obtained. The salary during the transfer must not be lower than the average salary of a citizen at the last place of work.

What to do if the employer violates the rights of the employee during downtime?

Often, in an attempt to save money, an employer tries to force an employee to write an application for unpaid leave at his own expense. If downtime due to the fault of the employer is unpaid, then this is a violation of the norms of the Labor Code of the Russian Federation. In this case, the employee has the right to file a written complaint with the prosecutor's office or the labor inspectorate. A qualified lawyer will help you draft these documents. The outcome of the case will depend on the literacy of their execution.

If violations are revealed during the verification process, then the employer will be presented with a requirement for payment, mandatory for execution. At the same time, the head of the enterprise may be held administratively liable in the form of a fine in the amount of 1 to 50 thousand rubles. In this case, an individual entrepreneur may be deprived of the right to engage in entrepreneurial activity for up to 3 years.

In addition to the recovery of wages, the employee has the right to demand compensation for moral damage. To do this, he must file a claim with the court at the place of activity of the employer within three months from the date of violation of his rights.

If the employer violates your rights and refuses to pay downtime, then qualified lawyers of our company will help to appeal against his actions. Their experience and knowledge of labor legislation will help you to receive the amounts due and collect, if necessary, material and moral compensation.

Sign up for a consultation with a lawyer by calling or filling out the form on our website. The specialist will assess the legality of the employer's actions, answer the question of whether you are entitled to compensation, if necessary, he can file a complaint and represent your interests in various instances.

Forced downtime due to the fault of the employer is the suspension of an employee's work for a certain period of time, caused by a mistake by his boss.

This measure is necessary to preserve the citizen's workplace and establish production. At the same time, downtime raises many questions among employees, the answers to which can be found in this article.

Regulation under the Labor Code of the Russian Federation

In accordance with Art. 72, paragraph 2 of the Labor Code of the Russian Federation, the reason for downtime may be problems of a technological, technical, organizational or economic plan. Also in this article, the very definition of this concept is fixed.

The possible duration of downtime is not fixed in the legislation, which gives the employer the right to extend the delay indefinitely.

The article establishes that either the employer or the employee may be to blame for the suspension of work. The law also allows situations in which the suspension does not depend on the parties to the employment relationship.

Payment for downtime due to the fault of the employer is regulated by Part 1 of Art. 157 of the Labor Code of the Russian Federation. It contains operations by which the employee's salary for a given period is calculated.

What could cause this to happen?

In most cases, the forced delay occurs through the fault of the employer, namely because of his negligent, irresponsible attitude. As mentioned above, there are several reasons for forced suspension of work:

• Technological. Reasons of this kind are associated with a sharp change in production. For example, the introduction of new methods of work with which employees are not familiar. In such cases, downtime is associated with retraining of personnel. Management is responsible for this.
• Technical. This type includes a breakdown or modernization of equipment. This may be the fault of both the employer and the employee. In the event of a breakdown of any equipment, it will be difficult for the latter to prove his own innocence.
• Organizational. These problems are associated with a change in the organization of production, for example, division or merger of departments. It is not difficult to prove the guilt of the employer here, since it is he who decides to change the structure of the enterprise.
• Economic. These reasons include financial crises, lack of material resources and raw materials. It is quite difficult to prove the guilt of the head in such cases, since such circumstances do not depend on the head of production. On the other hand, Russian legislation recognizes that these factors are related to the entrepreneurial risks of the employer, which means that he himself is responsible for them.

The legislation omits the reasons for the delay as a result of force majeure, which neither the employee nor the management can influence. These factors include natural disasters and other catastrophes.

Given these data, we can conclude that it is the employer who is mainly to blame for the forced downtime.

Registration process

In the event that the employee, due to the fault of the employer, cannot continue his work, he is obliged to immediately inform either the supervisor himself or the person who replaces him. There are no mandatory notification requirements in the Labor Code of the Russian Federation. An employee can report downtime both orally and in writing. The main thing is to clarify the start time of the suspension of activities and the reason.

The employer must do the filing. To do this, he must issue an order, which will indicate:

• date and time of the beginning and end of the suspension of work;
• Full name and position of employees whose work is suspended;
• staff salaries for this period;
• the person responsible for the situation.

The employer is responsible for familiarizing his employees with this order.

Some of the nuances of suspending activities are discussed in the following video:

Employer's obligations

If the downtime occurred through the fault of the manager, then he has a number of obligations to the employee, which he must fulfill:

• Firstly, he must take responsibility for the cause of the delay, as well as issue an order that will comply with the Labor Code of the Russian Federation.
• Secondly, the employer is obliged to take all means and measures to stop the downtime.
• Thirdly, he must provide the employee with the opportunity to fulfill his labor duties and receive wages for them. If this is not possible, then he is obliged to pay for the entire period of suspension of work in accordance with the norms of the Labor Code.

It is worth noting that all actions of the employer must comply with the norms of the Labor Code of the Russian Federation. If they are violated, the employee can seek help from the relevant authorities.

Payment nuances

Payment for downtime depends primarily on what caused this situation. If the employer is at fault, the salary for the period of suspension of work must be not less than 2/3 of the average salary of an employee.

It is calculated by dividing the sum of all earnings by the entire period of work in days. Further, this amount is multiplied by the number of days of downtime. 2/3 of the figure received is paid to the employee.

Also, the salary for this period can be paid in accordance with the internal charter of the enterprise, if any.

What to do if the employer does not pay the downtime period?

There are frequent cases of deception on the part of management. For example, in order not to pay for the period of suspension of work, the boss may not admit his guilt or force the employee to take a vacation that will not be paid for certain reasons.

Unpaid downtime due to the fault of the manager is a violation of the Labor Code of the Russian Federation. An employee can safely contact the prosecutor's office or the labor inspectorate. If during the state audit violations of the law by the employer are revealed, then he will be presented with requirements that are mandatory for execution.

If the employer has not paid the salary, then the employee has the right to go to court demanding to pay the downtime within three months.

State bodies can bring management to administrative responsibility, as well as collect a fine in the amount of 1,000 to 50,000 rubles. Also, state bodies can deprive an individual of the right to engage in entrepreneurial activity for up to three years.

In addition to the salary itself, the employee has the right to compensation for moral damages from the employer. To do this, he needs to file an appropriate lawsuit in court. The amount of monetary compensation will depend on the desire of the employee himself and on the norms of the legislation of the Russian Federation.

What should an employee do during downtime?

This period is not considered a vacation, so the employee must be ready to start his job duties. On the other hand, he does not always need to be at the place of work due to various circumstances.

The employee and the employer must discuss this point in advance. If this is not necessary, the boss has the right to allow his employee not to visit the workplace. However, this must be formalized legally and must be enshrined in a demurrage order. Otherwise, not attending the workplace can be regarded as absenteeism.

It is worth noting that employers often take advantage of the legal illiteracy of their workers. For example, the authorities may allow the employee not to visit the place of his activity orally, without fixing this fact in the order. As a result, non-attendance will be regarded as absenteeism, which the employer will take advantage of in order not to pay wages. The same can be said about the offer to take unpaid leave.

An employee may be asked to temporarily transfer to another department or position and work there. This measure is the most progressive.

However, it can be very difficult to bring it to life, since for this the company must have free places that would correspond to the profession of the employee.

The transfer can be made without the consent of the person only if the downtime period takes no more than a month, and the qualifications of the new position will be equal to the qualifications of the main place of work. In all other cases, the consent of the employee is required. The maximum transfer period is 1 year, after which the manager is obliged either to return the worker to the old position, or to officially fix it in a new one. The salary in a temporary position should not be lower than the average salary of a citizen in a permanent position.

Is sick leave paid?

In accordance with the legislation of the Russian Federation, temporary disability is paid if this condition occurred before the start of the delay in activities. Sick leave will not be paid if the period of incapacity for work affects only the time of the forced stoppage of work.

The allowance during this period is paid at a rate of 2/3 of the standard.

In the event that the illness occurred during the period of downtime, but ended after that, the employee is paid benefits only for the days after the end of the forced suspension of activities.

Downtime (Article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the employee's average wage.
Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime.

Downtime due to the fault of the employee is not paid.

The employee is obliged to inform his immediate supervisor, another representative of the employer about the beginning of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his labor function.

If creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, do not participate in the creation and (or) performance (exhibition) of works for any time or do not perform, then the specified time is not downtime and may be paid in the amount and manner established by the collective agreement, local regulations, labor contract.

Commentary on Article 157 of the Labor Code of the Russian Federation

A fundamentally important change in the content of Art. 157 is, in our opinion, the right to pay downtime due to the fault of the employer in the amount of at least 2/3 of the average salary of the employee, regardless of whether he warned the employer in writing about the start of downtime or not. At the same time, the legislator, while retaining the obligation of the employee to inform the immediate supervisor or other representative of the employer about the start of downtime caused by equipment breakdown and other reasons that make it impossible to continue working, does not provide for the legal consequences of the employee’s failure to fulfill this obligation.

§ 2. Failure by an employee to fulfill his labor duties due to the fault of the employer in case of downtime must be distinguished from illegal deprivation by the employer of the opportunity to work, for example, in the event of illegal dismissal, transfer to another job, which entails the obligation of the employer to compensate the employee for material damage (see commentary to Article 234 TC).

§ 3. Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least 2/3 of the tariff rate (salary). The reasons for downtime that are not related to the fault of the employee or employer can be very different. For example, this is a strike by a labor collective, a trade union organization or an association of trade unions. Employees who did not participate in the strike, but in connection with it were not able to perform their work, are paid for downtime in the manner and in the amount provided for by this Code (see commentary to Article 414 of the Labor Code). However, a collective agreement, agreement or agreements reached in the course of resolving a collective labor dispute may provide for a more preferential procedure for payments to employees who do not participate in a strike than established by the Code.

Despite the fact that Art. 414 of the Labor Code establishes a general provision on the payment of downtime for workers who do not take part in a strike; this rule does not contain an unambiguous answer to this question. Downtime payment rules depend on the reasons related to the fault of one of the parties to the employment contract or not related to it.

The fault of the workers in this case is not present. As for the guilt of the employer, if the strike is declared illegal, it is also absent. If the strike is recognized as legal, then there is every reason to consider the employer guilty of such a downtime. Consequently, he must pay for downtime in this case in the amount of at least 2/3 of the average salary of the employee.

§ 4. Article 157 provides for a lower limit on the average wage or rate for downtime pay. The actual earnings of the employee in this case are directly related to the duration of downtime. If it lasts several hours, but less than a full working day, then for each hour of downtime, the employee is entitled to payment at the rate of at least 2/3 of the average hourly earnings or the hourly tariff rate for the category assigned to him. Obviously, a downtime, lasting a full working day, must be paid in the amount of not less than 2/3 of the average daily wage or daily wage rate for the category established by the employee. The amount of additional payment for downtime through no fault of the employee who warned the employer about its beginning may be higher if this is provided for in the collective agreement or in the employment contract with this employee.

§ 5. The forced suspension of the work of the organization or its individual structural divisions due to the difficult financial situation, lack of raw materials, component products and other reasons beyond the control of employees entails the termination of work, i.e. downtime of the entire workforce or part of it.

How is the issue of payment resolved in this case? The Decree of the Council of Ministers - the Government of the Russian Federation "On the organization of work to promote employment in conditions of mass layoffs" of February 5, 1993 provides that in the event of a short-term decrease in production volumes, it is allowed to provide employees with unpaid leave. This provision is addressed to the employer. However, this does not mean at all that the employee to whom such leave is offered is obliged to use it. This Code, like the Labor Code of the Russian Federation, does not contain a norm obliging employees to be on forced leave during the downtime of the enterprise without pay. Therefore, if the employee does not agree to such leave and the employer continues the employment relationship with him, despite the fact that he cannot provide him with work, downtime through no fault of the employee must be paid in an amount not lower than that provided for in Art. 157. It is interesting in this connection the decision of the Gagarinsky District People's Court of Moscow to satisfy the claim of worker A. against the administration of the production technical and design center "Kobra": according to the court decision, ten months of forced downtime, issued without his consent as forced leave without maintaining wages, paid according to the norms provided for by Part 1 of Art. 94 of the Labor Code of the Russian Federation (RG. 1994. April 26).

In connection with numerous inquiries about the legality of sending employees on forced leave without pay at the initiative of the employer, the Ministry of Labor of the Russian Federation clarified that leave without pay can only be granted at the request of the employee for family reasons and other good reasons. In the event that employees, through no fault of their own, cannot perform the duties stipulated by employment contracts, the employer is obliged to pay for downtime in the amount of at least 2/3 of the tariff rate (salary). If the employer does not pay downtime through no fault of the employees, the employees have the right to appeal against his actions to the CCC or to the court (see Clarification of the Ministry of Labor of the Russian Federation of June 27, 1996 N 6 // Bulletin of normative acts. 1996. N 1).

During forced leave granted to an employee with his consent without pay, compensation payments are provided in the amount not lower than the minimum wage (see the Regulations on the procedure and conditions for providing compensation payments to employees who are on forced leave without pay due to forced temporary suspension of the work of the organization, approved by the Order of the Federal Employment Service of March 6, 1995 // Bulletin of normative acts. 1995. N 6).

§ 6. Downtime due to the fault of the employee is not paid. In this case, we are talking about illegal, guilty behavior, which has the composition of a disciplinary offense, for which disciplinary measures or other measures of influence provided for by local acts (regulations on bonus payments, on remuneration based on the results of annual work, etc.) .

The practice of applying the Labor Code of the Russian Federation, obviously, should be taken into account after the adoption of the Labor Code, but taking into account the new rules for paying for idle time not related to the fault of the employee. As for the fault of the employer in a short-term decrease in production volumes, it should be clarified in each specific case by the bodies exercising supervision and control over compliance with labor legislation or considering labor disputes.

Another commentary on article 157 of the Labor Code of the Russian Federation

1. Downtime should be understood as a temporary suspension of work for reasons of an economic, technological, technical or organizational nature (see Article 72.2 of the Labor Code and commentary thereto). Downtime can affect both one employee, a group of employees, and all employees of a structural unit or organization.

2. The employee must inform the employer about the beginning of downtime caused by equipment breakdown and other detailed reasons that make it impossible to perform work. The message can be made both orally and in writing. The obligation of the employee is considered fulfilled at the moment when he informed his immediate supervisor or other representative of the employer about this.

Failure to fulfill this duty by an employee is a violation of labor discipline and entails disciplinary liability. If, as a result of a guilty failure to warn the employer about the start of downtime, the employer has suffered property damage, the employee may also be held financially liable. In addition, in this case, the employee loses payment for downtime.

3. Payment for downtime depends on whose fault the downtime occurred.

The employer is obliged to provide employees with work stipulated by the employment contract, to provide them with equipment, tools, technical documentation and other means necessary for them to perform their job duties. A downtime that has arisen as a result of the employer's failure to fulfill this obligation is downtime due to the fault of the employer.

In case of downtime due to the fault of the employer, the employee is paid at least 2/3 of the average wage for the entire period of downtime.

Payment is made on the basis of the average wage of an employee - the average hourly wage for downtime of less than one working day and the average daily wage for downtime of a working day or more. For the procedure for calculating average earnings for payment of downtime, see Art. 139 of the Labor Code and commentary to it.

A special case of downtime due to the fault of the employer is the period during which the employee, as a form of self-defense, refuses to perform work that directly threatens his life and health (see Article 379 of the Labor Code and commentary thereto). Since the obligation to ensure labor safety and conditions that meet the requirements of labor protection and hygiene is assigned to the employer (see paragraph 3 of part 2 of article 22 of the Labor Code) and the employer’s failure to fulfill this obligation is the employer’s fault in the occurrence of downtime, the employee in this case has the right to pay for the specified period in the amount of at least 2/3 of the average wage.

4. In case of downtime for reasons beyond the control of the employer and employee, downtime is paid in the amount of at least 2/3 of the employee's tariff rate (salary).

Among the reasons beyond the control of the employer and employee are unforeseen circumstances (accidents, natural disasters, etc.), as well as other unavoidable circumstances.

Non-fulfillment of contractual obligations by the employer's counterparty under a business contract, lack of raw materials, difficult financial situation of the employer should not be attributed to the number of circumstances beyond the control of the employer and employee, since this belongs to the category of entrepreneurial risk for which the employer is responsible. Such circumstances should be considered as the fault of the employer.

A special case of downtime through no fault of the employee is a strike. An employee who did not participate in the strike, but in connection with it was not able to perform his work, is paid as if he was idle through no fault of the employee. However, the fault of the employer in this case is also not, therefore, payment should be made on the basis of part 2 of the commented article in the amount of at least 2/3 of the tariff rate (salary).

5. In case of downtime due to the fault of the employee, downtime is not paid. The fault of the employee in the occurrence of downtime may be expressed in his failure to fulfill his obligations to ensure the serviceability of tools and equipment, to ensure the supply of raw materials and materials, if such duties are assigned to him by an employment contract.

The fault of the employee in the occurrence of downtime can also be expressed in his failure to notify the employer about the circumstances that could lead to downtime, if these circumstances were known to the employee and he could evaluate them.

6. It is necessary to distinguish between downtime through no fault of the employee and failure to comply with labor standards, failure to fulfill labor duties, since in these cases different guarantees are provided for payment of this period. The main difference is that during downtime there is always a temporary suspension of work for reasons of an economic, technological, technical or organizational nature, the employer does not provide the employee with the amount of work that he must provide in accordance with the terms of the employment contract; in case of non-compliance with labor standards, work was provided, but the conditions for its performance were not provided (see, for example, the Cassation ruling of the Saratov Regional Court of October 13, 2011 in case N 33-5510; The Appeal ruling of the Vologda Regional Court of May 21, 2013 on case N 33-2173/2013).

7. The special rule of part 5 of the commented article concerns creative workers. In the event that they do not participate in the creation, performance, exhibition of works or do not perform, there are no grounds for classifying these circumstances as downtime. The procedure for paying for this time may be provided for by a collective agreement, local regulations or an employment contract.

1. Downtime is considered to be a temporary suspension of work for reasons of an economic, technological, technical or organizational nature (see comments to Article 72.2).

According to part 5 of article 157 of the Labor Code of the Russian Federation, it is not a simple absence of performances, performances, concerts, etc. for creative workers and professional athletes in any period of time (not limited by the maximum period), since the performance of their work duties is associated not only with creation and performance of works, but also with preparation for such activities. The period of work not associated with an active creative process may be paid in accordance with the established working hours in the amount and in the manner determined by the collective agreement, local regulatory act, labor contract.

Typically, creative workers are set a wage rate (salary), which is paid regardless of the intensity of performing, concert and other creative and sports activities. Participation in performances, performances, concerts, radio and television broadcasts, creation of works of art is paid according to specially established standards.

2. Downtime is paid depending on the presence (absence) of fault of the employee or employer.

3. Payment for downtime is not associated with the presence of a written warning to the employee about the start of downtime. Making such a change is due to the fact that downtime is far from always caused by reasons that the employee is aware of. Suspension of work may concern all employees of a given employer (employees of a structural unit, several structural units) and be caused by an accident, natural disaster, interruptions in the supply of electricity, lack of raw materials and materials, etc. In this case, there is no need for an employee to declare downtime: the employer (organization management) is better aware of the reasons and duration of downtime than employees. However, when downtime is caused by a breakdown of equipment, a malfunction of protective equipment, a lack of auxiliary mechanisms or tools at a particular workplace, the employee must report this to his immediate supervisor. The same rule applies in the event of a strike, in connection with which an employee who does not participate in it is unable to fulfill his labor duties (Article 414 of the Labor Code).

Applying Article 157 of the Labor Code of the Russian Federation, it should be borne in mind that if the head is absent from the organization for some reason, it is necessary to inform the superior manager or head of the HR department about the start of downtime.

The form of the message (notice) about the beginning of downtime is not defined, therefore, presumably, the employee can warn the management of the company (the employer is an individual) orally.

5. A special case of downtime is the failure to fulfill labor duties due to the failure to provide the employee with personal and collective protective equipment (Article 220 of the Labor Code).

Downtime - temporary suspension of work processes in the enterprise. It is divided into several types: through the fault of the employer, through the fault of the employee and for independent reasons. Determining the type of downtime is important, since the accrual of employee compensation depends on it.

Downtime due to the fault of the employer in accordance with the Labor Code of the Russian Federation

Issues related to the suspension of work processes are set out in Article 72, paragraph 2 of the Labor Code. According to the code, downtime is a temporary stoppage of work for technical, economic or managerial reasons. The TC does not set out all the nuances of this phenomenon. In particular, there is no information about the probable causes of downtime, its timing. All this is determined by the head of the company on an individual basis. According to part 1 of article 157 of the Labor Code, in the process of suspension of work processes due to the fault of the employer, employees are compensated.

Business shutdown can occur for the following reasons:

• Technological. They are provoked by a sharp change in the nature of production processes. For example, new equipment was brought to the enterprise, but employees do not know how to work with it. The stoppage may be due to staff retraining. All this is the responsibility of the leader.
• Technical. As a rule, this is a breakdown of equipment or its modernization.
• Organizational. Suspension may occur due to the merger of departments. The decision about this is made by the leader, and therefore he is considered the guilty person.
• Economic. For example, this is a shortage of funds or raw materials. These are entrepreneurial risks for which the manager is responsible.

ATTENTION! The employer is far from always guilty of idle time. Sometimes a suspension occurs due to force majeure. In this case, it is considered that the guilty person is absent, since the problem arose due to reasons beyond the control of the representatives of the organization. Also, downtime often occurs through the fault of the employee. For example, such a situation is possible in case of equipment breakdown by an employee.

Downtime step by step

Simple is a must. Simply suspending the work of the enterprise and sending all employees on vacation will not work. Let's take a look at the basic steps for registration of downtime:

1. Fixing the fact of suspension of work processes. The employer must be notified of the occurrence of a circumstance that caused the downtime. If there is a breakdown of the equipment, the notification is sent by the workers. If the downtime arose for financial or organizational reasons, the notification is made by the manager. This need is stipulated by article 157 of the Labor Code.
2. Issuing a downtime order. The document can be drawn up in relation to the entire organization or one of its departments. The law does not specify the form of the order, and therefore it is drawn up arbitrarily. This document is required to familiarize employees against signature. If the employees do not want to put their signature in confirmation of the fact of familiarization, the order is sent to the address of the employee by a valuable letter with notification.
3. Sending a notification to the employment service. Relevant in the event that work is suspended in the entire organization. This rule is stipulated in Article 25 of the Law “On Employment of the Population”. The notification is made in free form. Send it to the service is required within 3 days.
4. Drawing up an act of idleness. The act is drawn up in any case, regardless of the period of suspension and its scale. The requirements for the document are not specified. It is compiled in free form.

Another mandatory item is the calculation of employee compensation.

IMPORTANT! If it is assumed that employees must go to work during the downtime, this must be specified in the order. If nothing is said in the order, workers may not go to their duty station. Dismissing them for absenteeism in this case would be illegal.

Payment for downtime due to the fault of the employer

The suspension of work processes due to the fault of the employer is paid. Consider the procedure for calculating compensation:

1. The amount of daily payments to the employee is determined.
2. The result is multiplied by the number of days of absenteeism.
3. 2/3 of the amount and will be compensation.

Compensation is paid after work.

Calculation example

Employee Sidorov V.I. receives 900 rubles for a worked shift. The downtime is 10 days. 900 is multiplied by 10. The result will be 9,000 rubles. The amount of compensation is 9,000 * 2/3 = 6,000 rubles.

sick pay

Sick leave will be paid only if the person went to him before the first day of downtime. Payments are made at a rate of 2/3 of the average salary. Taking sick leave during the period of suspension of work does not imply the payment of compensation.

Employer's obligations

The employer has the following responsibilities during the downtime:

• Making an order in accordance with the TC.
• Taking all possible measures to resume work processes.
• Calculation of compensation in the prescribed amount.

The employer does not have the right to send employees on unpaid leave.

Transfer of an employee to another place during the idle period

The manager has the right to transfer an employee to another department or to another position. This is the best solution for both the employer and the employee. However, such a decision is rarely made, since its implementation requires free space in the enterprise.

IMPORTANT! The transfer of a person without his consent is possible only if the downtime lasts no more than a month, and the employee is offered a position equal to his qualifications. Also, in a new place, the employee must receive a salary, the amount of which is similar to his previous salary. If one of these conditions is not met, the consent of the employee is required for the transfer.

The maximum duration of a transfer is 12 months. After the expiration of the year, the manager must either return the employee to his previous position, or formalize him in a new one.

What to do if the employer violates the rights of the employee?

Consider the most common violations by the employer:

• Compensations are not paid or they are charged in an amount that does not comply with the Labor Code.
• Employees are sent on unpaid leave.
• The employer dismisses the employee for absenteeism for absenteeism during the idle period, however, the corresponding order does not say anything about the need to be at the workplace.

In all these cases, the employee has the right to apply first to the labor inspectorate, and then to the prosecutor's office.

The following sanctions may be applied to an unscrupulous leader:

• If during the inspection violations were revealed, the employer is required to eliminate them immediately.
• If the manager does not pay compensation, the employee has the right to apply to the judicial authority and collect compensation for the suspension for a period of 3 months. Also, the employee can seek compensation for non-pecuniary damage.
• The owner of the organization may be charged with a fine in the amount of 1,000 to 50,000 rubles.
• Deprivation of the right to engage in entrepreneurial activity for up to three years.

Litigation is a lengthy process. Therefore, before him it is recommended to try to resolve the conflict with the leader peacefully. It is possible that the employer violates the law not out of malice. Not all entrepreneurs are well aware of the provisions of the Labor Code.