The order of downtime through the fault of the employer: sample, writing features and calculation of payments

It happens that things are going very badly at the enterprise. In this case, you have to stop work, but now employees can not be left anywhere. Therefore, an order is issued about downtime due to the fault of the employer, a sample that is current at this time will be given in the article. A properly designed downtime will not bring the employer to court. Therefore, the design of all documents must be approached as carefully and responsibly.

Downtime Calculation

Norms about simple in the Labor Code of the Russian Federation are few. According to article 72, part 2, you can find out that a simple one is a stop (temporary) due to a technological, technical, economic or organizational nature. And under Articles 22 and 56, the employer must provide all his employees with employment in accordance with the contract. In the event that the specified obligation is not fulfilled, the employer is obliged to pay during downtime.

Under article 157 of the Labor Code, when employees are idle through the fault of the employer, employees receive at least 2/3 of the average salary. And if the reasons for downtime do not depend on the employer, then the payment should be at least 2/3 of the tariff rate (salary) of the employee. But if a downtime occurred due to the fault of the employee, then this time is not paid. When drawing up the downtime act through the fault of the employer, the sample of which is given in the article, it is important to take into account all the subtleties and pay attention to judicial practice so as not to make mistakes.

Invalid downtime definition

There are three types of downtime under the Labor Code:

1. The fault of the employee.
2. For reasons that are not dependent on the employer or employee.
3. The fault of the employer.

Payment for downtime depends on its type. In practice, determining the cause of downtime is sometimes quite difficult. But this issue must be resolved, as an incorrect installation of the cause of downtime will affect the employer. By court decision, he will have to compensate for moral damage and make surcharges. And if the employee applied to the labor inspectorate, penalties will be imposed.

What are the causes of downtime

The list of reasons for downtime:

1. The consolidation, liquidation or separation of the company’s divisions is the organizational reason for the downtime of the enterprise.
2. Modernization, complete or partial replacement of equipment, breakdown is a technological reason.
3. Putting into practice new production methods or improving old ones.
4. The difficult position of the employer, non-compliance with the contract by contractors, the financial crisis are economic reasons.

The main criterion for downtime at the enterprise (the design and payment algorithm depends on its type) due to the fault of the employer is its inaction, intentional or accidental neglect of entrepreneurial risks. In this case, the employer must prove the absence or presence of downtime.

Very often, entrepreneurs cite the fact that downtime occurs due to a significant deterioration in economic well-being in the company. And they naively believe that the reason does not depend on them or on the workers. This is not true, judicial practice shows that in a difficult economic situation, the company always has a culprit.

Reasons for downtime independent of the parties to the contract

If you rely on judicial practice, then there are several reasons for downtime for which there are no perpetrators:

1. Weather conditions - elevated or decreased temperatures, smoke, etc.
2. Malfunctioning equipment on which the employee is working (in the absence of intentional damage).If the failure occurred through the fault of the employee, then he will be guilty of downtime.
3. Orders of state bodies.

These are the reasons why downtime is not the fault of the employee or employer. In all other cases, there is a culprit, and it needs to be determined.

Lack of required documents

The personnel department at the enterprise should prepare a set of documents that will confirm the legality of the introduction of an idle mode. Information from judicial practice can be gleaned: when deciding on the establishment of an idle regime, the employer should bear in mind that there must be documents confirming the need to introduce this provision. If there are none, then the downtime may be declared unreasonable by the court.

Be sure to issue an order to declare idle time at the enterprise (a sample is given in the article). According to the Labor Code of the Russian Federation, there are no mandatory requirements for the content of documents. The employer independently decides how it is more convenient for him to do. An order to declare a downtime will also be required for accounting to record expenses for tax purposes. Since the employer must draw up and pay for a downtime at the enterprise, it is necessary to identify the exact reason. If there was a simple fault of the employee, then the employer should not pay anything.

What should be in the order for the simple?

If we turn to judicial practice, we can find out that the order on declaring idle time should contain the following data:

1. End date and start of downtime at the enterprise. Moreover, a specific number may not be set if at the time the order was issued it was not possible to determine the total duration of the downtime. It is necessary to draw the attention of the employer to the fact that the Labor Code of the Russian Federation does not establish a deadline for its introduction.
2. The cause of downtime is a technical, technological, organizational or economic nature. Be sure to describe the circumstances that led to the outage.
3. The culprit of the downtime is the employee, employer or indicate that the reasons do not depend on the parties to the employment contract.
4. Professions and positions, personal data of employees (or structural units of the organization) in respect of which it is declared simple.
5. The amount of payment to employees during downtime. There must be a reference to the norms of the Labor Code of the Russian Federation.
6. Be sure to indicate whether employees should be present at their workplaces. If necessary, the order must indicate the name of the structural units or the data of employees who are allowed not to go to work during idle days.

This is all the data that must be specified in the order on declaring idle time. And it is absolutely necessary to acknowledge a simple fault that occurred due to the fault of the employer, if this is so in fact.

What documents may be the basis?

The labor legislation does not impose requirements on documents that may serve as the basis for the issuance of an order. It all depends on what kind of document flow in the organization. To issue an order, you can use one of the following documents:

1. A memo or memo from the head of the unit who is competent in the organization and control of work.
2. Downtime record sheet - legislation does not establish the form of this document. As a rule, this sheet contains the date and time of the start and end of downtime, personal data of employees and reasons.
3. A simple act drawn up by the heads of the structural unit. It must necessarily indicate the duration and reasons, position and personal data of employees.

The employer must keep in mind that in the case of actual downtime (without issuing an order) and non-payment, the court will be on the side of the employee. The company is obliged to issue an order and make payment.

Should an employee be in place?

The Labor Code makes no mention of employees being present at their places during declared downtime.But there is a nuance - simple is included in the working time (according to Article 91, Part 1 of the Labor Code). Rest time is regulated by article 107 of the Labor Code. Therefore, the employee cannot use the downtime at his discretion and leave the workplace.

And absence from the workplace without the permission of the employer is regarded as truancy. But the order on declaring downtime has a clause that indicates whether workers can not go to their jobs. Therefore, in order to avoid disputes, the order must clearly stipulate this paragraph. Otherwise, the employee may even be fired for absenteeism.

Issuing an order by an unauthorized person

It should be borne in mind that an order for downtime should be signed only by the head of the enterprise or an authorized person. In the event that it is signed by an unauthorized person, the order and the downtime are illegal. If you turn to judicial practice, you can find many cases. For example, when an order was issued with the signature of the director of the organization. And after a thorough study, it turned out that he did not have the authority for this, since the company had previously introduced competitive management. And only the bankruptcy trustee has the right to issue an order.

All employees must be familiar with the order. If the employee refuses to read the order, then it is necessary to draw up an act, which is signed by the commission. When compiling, it is imperative to rely on a sample order for declaring idle time. How to compile it correctly is discussed in our article.

Employment notice and transfer of workers

In the event that there is a need to suspend production, the employer must notify the employment service. But this needs to be done only in those cases when all production is stopped, and not separate structural units at the enterprise. It is necessary to notify the employment service within three days after the decision was made to stop production. The free, unified form of communication is not approved for such notifications.

And what if the employee, in respect of whom a simple one is declared, is transferred to another job? Some employers practice transferring an employee to another job (without consent). In this case, the employer refers to article 72.2 part 3 of the Labor Code. But one cannot resort to such a measure, since translation is permitted only in case of emergency - they are all listed in the second part of Article 72.2 of the Labor Code.

Incorrect time sheet design

According to Article 91, it can be found out that labor time is the period during which an employee performs his duties in full compliance with the terms of the employment contract and the internal rules of the company. Under working hours are meant other periods that are regulated by federal laws and various kinds of legal acts. At the same time, the employer has a responsibility - he must keep track of the time worked by each employee.

According to the downtime order that arose due to the fault of the employer, the time sheet should be filled out on the basis of sheets and acts of downtime, service notes. The use of the unified forms NT-12 and NT-13 is allowed, they are approved by a special resolution of the Goskomstat of the Russian Federation in 2004. Be sure to specify a digital or alphanumeric idle code and its duration. If the type of downtime is incorrectly indicated and a dispute arises, the court has the right to require the employer to charge the employee wages for the entire downtime.

Forced employee on vacation without pay

If the company issued an order for the employee to be held idle through the model described in the article, and at the same time sent employees on unpaid leave, this can be regarded as a violation of the law. There are two types of leave without pay:

1. The employer must provide the employee.
2. The employer can provide.

The only difference is in one word. But in both cases, the initiative in the provision remains solely with the employee; he must voluntarily express his will. There is no mention in the legislation that the employee can be sent on vacation without maintenance at his request, but because of reasons that do not depend on him.

As early as 1996, an explanation was issued by the Ministry of Labor, which stated that leave without preservation should be granted to employees only at their personal request for good reasons or family circumstances. The best way out of the situation would be to draw up an order on downtime through the fault of the employer (a sample is given in the article), as well as actions in accordance with labor law. Otherwise, disputes may arise with employees who are resolved in the courtroom.

Lack of order to end downtime

In the event that the downtime order due to the fault of the employer (the sample is given in the article) contains the expiration date, then with its onset the document is terminated. But if there is no end date, it is open, then at the end of the downtime it is necessary to issue an appropriate order, which must indicate:

1. Date of resumption of work.
2. Professions and positions, personal data of employees, the name of the departments of the enterprise, starting to work.

All employees must be familiar with the signature order. This will help to avoid conflict situations in the future. Each employer must know how to properly arrange a downtime at the enterprise in order to prevent disputes with employees in court.