157 simple. The employee’s obligation to notify about the start of downtime

Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two thirds of the average wages employee.
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 downtime.

Downtime caused by the employee is not paid.

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

If creative workers mass media, cinematography organizations, television and video crews, theaters, theatrical 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 workers, approved by the Government Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, for any period of time they do not participate in the creation and (or) performance (exhibition) of works or do not perform, then the specified time is not downtime and can be paid in the amount and manner, which are established by a collective agreement, local regulations, or employment contracts.

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 the commentary thereto). Downtime can affect one employee, a group of employees, or all employees structural unit or organizations.

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 communication can be made either orally or in writing. The employee’s obligation is considered fulfilled at the moment when he informs his immediate supervisor or other representative of the employer about it.

Failure by an employee to fulfill this duty is a violation labor discipline and entails disciplinary liability. If, as a result of an employee’s culpable failure to notify the employer about the start of downtime, the latter suffers property damage, the employee may also be subject to financial liability. 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 labor responsibilities. Downtime resulting from the employer's failure to fulfill this obligation is downtime caused by the employer.

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

Payment is made based on the employee's average salary - the hourly average if the downtime lasts less than one working day and the daily average if the downtime lasts a working day or more. For the procedure for calculating average earnings to pay for downtime, see Art. 139 TC 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 the commentary thereto). Since the obligation to ensure labor safety and conditions that meet the requirements of occupational safety and health is assigned to the employer (see paragraph 3, part 2, article 22 of the Labor Code) and the employer’s failure to fulfill this obligation is the employer’s fault for causing downtime, the employee in this case has the right to payment for the specified period in the amount of at least 2/3 of the average salary.

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).

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

Failure to fulfill contractual obligations by the employer’s counterparty under a business contract, lack of raw materials, complex financial situation the employer, since this falls under the category of business risk for which the employer is responsible. Such circumstances should be considered as the employer's fault.

A special case of downtime through no fault of the employee is a strike. An employee who did not participate in the strike, but due to it was not able to perform his work, is paid as if he was idle through no fault of the employee. However, in this case there is also no fault of the employer, 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 employee’s guilt in causing downtime may be expressed in his failure to fulfill his duties to ensure the serviceability of tools and equipment, to ensure a supply of raw materials and supplies, if such duties are assigned to him by the employment contract.

The employee’s guilt in causing downtime can also be expressed in his failure to notify the employer about 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 not due to the fault of the employee and his failure to comply with labor standards, failure to fulfill labor duties, since in these cases different guarantees are provided for payment for 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 conditions employment contract; if labor standards are not met, work is provided, but the conditions for its implementation are not provided (see, for example, the Cassation ruling of the Saratov Regional Court dated October 13, 2011 in case No. 33-5510; the Appeal ruling of the Vologda Regional Court dated May 21, 2013 in case No. 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 is no reason to classify 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.

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

In establishing the rules for paying for downtime, the Labor Code proceeds from the concept of downtime as a temporary suspension of work for reasons of an economic, technological, technical or organizational nature (Article 72.2 of the Labor Code). Often, downtime does not depend on the will of the employee; moreover, sometimes the employee has no idea about the circumstances that caused the downtime. Taking this into account, paragraphs 1 and 2 of this article do not make the employer’s obligation to pay for downtime due to no fault of the employee and for reasons beyond the control of the employer and employee dependent on whether the employee warned the employer in writing about the start of downtime.

The amount of payment for downtime depends on the presence or absence of fault of the employee or employer in causing the downtime. Downtime is paid:

If the employer is at fault in the amount of at least 2/3 of the employee’s average salary;

In the absence of fault of the employer and employee in the amount of at least 2/3 of the tariff rate, salary (official salary), calculated in proportion to downtime;

If there is fault, the employee is not paid.

The Labor Code establishes the employee’s obligation to notify his immediate supervisor or other representative of the employer about the beginning of downtime only in cases where downtime is caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his job functions, i.e. We are talking about situations where the employee is the first to know about downtime. Since the form of such a message is not established, the employee can report the beginning of downtime in the above cases orally. If an employee fails to fulfill this duty, he may be subject to disciplinary action (Article 192 of the Labor Code). However, failure to fulfill this obligation does not in any way affect the payment for downtime.

The Labor Code also determines the specifics of the procedure for paying for the time during which certain categories of creative workers do not participate in the creation and (or) performance (exhibition) of works or do not perform. List of professions and positions of creative workers in 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, features labor activity which are established by the Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252. This time, according to Part 5 of this article, is not downtime, and the Labor Code does not establish any special guarantees of wages for creative workers in such a situation. At the same time, this norm provides that such time is paid if it is provided for by a local regulatory act, a collective or labor agreement.

Text of Article 157 of the Labor Code of the Russian Federation in new edition.

Downtime caused by the employee is not paid.

The employee must inform his immediate supervisor or 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 job function.

If creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical 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 these workers, 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, for any period of time do not participate in the creation and (or) performance (exhibition) of works 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, or employment contract.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary to Art. 157 Labor Code of the Russian Federation

Comments on TC articles will help you understand the nuances labor law.

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

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

§ 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, not related to the fault of the employee or employer, can be very different. For example, this is a strike by a labor collective, trade union organization or the union of trade unions. Employees who did not participate in the strike, but due to it were not able to perform their work, are paid for downtime in the manner and in the amounts provided for by this Code (see commentary to Article 414 of the Labor Code). However, a collective agreement, agreement or agreements reached during the resolution of a collective labor dispute may provide for a more preferential procedure for payments to employees not participating in a strike than that established by the Code.

Despite the fact that in Art. 414 TK fixed general position on payment for downtime of workers who do not take part in the strike, a clear answer to this question this rule does not contain. The rules for paying for downtime depend on reasons related to the fault of one of the parties to the employment contract or not related to it.

In this case, there is no fault of the employees. As for the employer’s guilt, 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 simple work. Consequently, he must pay for downtime in this case in the amount of at least 2/3 of the employee’s average earnings.

§ 4. Article 157 provides for a lower limit on the average wage or rate for paying downtime. The actual earnings of the employee in this case are directly related to the duration of the 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, downtime that lasts a full working day must be paid in an amount not lower than 2/3 of the average daily wage or the daily tariff rate according to designated employee category. The amount of additional payment for idle time not due to the fault of the employee who warned the employer about its start may be higher if this is provided for in the collective agreement or in the employment contract with this employee.

§ 5. Forced suspension of the work of an organization or its individual structural divisions due to a difficult financial situation, shortage of raw materials, components and other reasons beyond the control of employees entails 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 - Government of the Russian Federation "On the organization of work to promote employment in conditions of mass layoffs" dated February 5, 1993 stipulates that in case of a short-term decrease in production volumes, it is allowed to provide employees with leave without pay. This provision is addressed to the employer. However, this does not mean that the employee who is offered such leave 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 without pay during the downtime of the enterprise. Consequently, if the employee does not consent to such leave and the employer continues with him labor relationship, despite the fact that it 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 regard the decision of the Gagarinsky District People's Court of Moscow to satisfy the claim of worker A. against the administration of the Cobra production technical and design center: according to the court decision, the worker for ten months of forced downtime, registered without his consent as forced leave without maintaining wages, paid according to the standards provided for in Part 1 of Art. 94 Labor Code of the Russian Federation (RG. 1994. April 26).

In connection with numerous requests 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 leaves without pay can only be provided at the request of the employee at family circumstances and others good reasons. If employees, through no fault of their own, are unable to fulfill the duties stipulated by employment contracts, the employer is obliged to pay for downtime in an amount not less than 2/3 of the tariff rate (salary). If the employer does not pay for downtime through no fault of the employees, the employees have the right to appeal against its actions in the CTS or in court (see Explanation of the Ministry of Labor of the Russian Federation dated June 27, 1996 No. 6 // Bulletin of normative acts. 1996. No. 1).

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

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

The practice of applying the Labor Code of the Russian Federation, obviously, should be taken into account after adoption Labor Code, but taking into account the new rules for paying for downtime not related to the employee’s fault. As for the employer’s guilt in a short-term decrease in production volumes, it must be clarified in each specific case by the authorities supervising and monitoring compliance with labor legislation or considering labor disputes.

The following commentary to Article 157 of the Labor Code of the Russian Federation

If you have questions regarding Art. 157 of the Labor Code, you can get legal advice.

Failure by an employee to fulfill this duty is a violation of labor discipline and entails disciplinary liability. If, as a result of an employee’s culpable failure to notify the employer about the start of downtime, the latter suffers property damage, the employee may also be held 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 labor duties. Downtime resulting from 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 salary for the entire period of downtime.

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).

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

Failure to fulfill contractual obligations by the employer's counterparty under a business contract, lack of raw materials, or the difficult financial situation of the employer should not be considered among the circumstances beyond the control of the employer and employee, since this falls into the category of business risk for which the employer is responsible. Such circumstances should be considered as the employer's fault.

6. It is necessary to distinguish between downtime not due to the fault of the employee and his failure to comply with labor standards, failure to fulfill labor duties, since in these cases different guarantees are provided for payment for 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; if labor standards are not met, work is provided, but the conditions for its implementation are not provided (see, for example, the Cassation ruling of the Saratov Regional Court dated October 13, 2011 in case No. 33-5510; the Appeal ruling of the Vologda Regional Court dated May 21, 2013 in case No. 33-2173/2013).

Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Downtime caused by the employee is not paid. The employee must inform his immediate supervisor or 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 job function. If creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical 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 these workers, 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, for any period of time do not participate in the creation and (or) performance (exhibition) of works 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, or employment contract.

Legal advice under Art. 157 Labor Code of the Russian Federation

Margarita Tsvetkova

my employer gives me vacation at his own expense. because no work yet. How many days (maximum) can I stay at home? my employer gives me vacation at his own expense. because no work yet. How many days (maximum) can I stay at home without pay under the Labor Code? What if I do not write an application at my own expense? In the spring, I already wrote this kind of statement at the request of my employer and sat without pay for 15 days.

Lawyer's answer:
Not at all. If there is no work, he is obliged to pay you downtime. Article 157. Payment for downtime [Labor Code of the Russian Federation] [Chapter 21] [Article 157] Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Downtime caused by the employee is not paid. The employee must inform his immediate supervisor or 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 job function.

Ivan Vantyaev

Can one person be a director in two companies and receive half the minimum wage in each? Please tell me whether one person can be the general director of two companies and still receive a part-time salary. What do you need to do additionally to do this so that there are no problems with your salary? Thank you!

Lawyer's answer:
Founding director or general manager The director of the LLC is also an employee of the LLC, and an employment contract must be concluded with him. And the employment contract implies that with full-time employment, the director will receive a salary no less than the minimum wage. You can work as a director in two companies at the same time: in one company - your main place of work, and in the other - part-time. Registration of wages: the first method is payment for downtime. According to Article 157 of the Labor Code, wages during downtime are not paid in full, but based on two-thirds of the wage. Accordingly, in cases where the director does not want to receive wages due to the fact that activities are not actually carried out, the existence of downtime can be officially recognized and wages reduced by a third. At the same time individual documents There is no need to register downtime - a corresponding entry in the Timesheet will be sufficient. However, to enhance the effect, you can issue an order to pay for downtime. The second way to reduce the director's payment is incomplete production. It involves the introduction of part-time work for the director. This is possible in two forms: part-time and part-time work week (Article 93 of the Labor Code of the Russian Federation). This is formalized by an additional agreement to the employment contract. The agreement specifies new schedule employee's work. Payment in this case is made in proportion to the time worked and may well be less than the minimum wage (Article 93 and Part 3 of Article 133 of the Labor Code of the Russian Federation).

Vitaly Parensov

don’t miss my question, help me figure it out. I don’t even know where to start))) in general, this is my meaning: a five-day work week from 7 to 15:30 days off Saturday Sunday. One day, when we came to work, there was no light in our workshop, as it turned out that day the whole microdistrict was without light due to some kind of breakdown at the electrical substation, after sitting at work from seven in the morning until eleven, we were told to go home, and this The day is not considered a working day and we will work it on a day off on Saturday. What to do with the money spent on a trip to work there and back, the travel time spent for almost two hours, and the time just spent at work for three hours. We weren’t paid anything, and plus we have to go on a legal day off, who will pay me for the personal time I spent in my life on this day, and how should going to work on Saturday be paid under such circumstances. How else do I know that in the report card we were assigned a working day exactly when we did not work during the week, and Saturday, as it should be, is a day off, although in reality we worked. Can this situation be considered some kind of force majeure in which the employer is not obliged to pay for going to work on a day when there was no light, or is it their troubles and they just fooled us by not paying for the time they were at work, and fooled us again by forcing go to work on a day off for regular pay. please help. maybe some art. in the Labor Code or whatever else you give as an example, this is important to me. I need to find a job, but for two months while I’m working there, I’m like probationary period I always feel deceived by them, even considering the fact that I’m working on a probationary period under a contract that doesn’t even include seniority.

Lawyer's answer:
In accordance with Art. 72.2 of the Labor Code of the Russian Federation, downtime is a temporary suspension of work for reasons of an economic, technological, technical or organizational nature. Article 157 of the Labor Code establishes the rules for paying for downtime. In this case, the following are distinguished: - downtime due to the fault of the employer, payment for which is made in the amount of at least two-thirds of the average salary of the employee; - downtime due to the fault of an employee whose time is not paid; - downtime for reasons beyond the control of the employee and the employer, which is subject to payment in the amount of at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime time. One of the main responsibilities of the employer established by Art. 22 of the Labor Code of the Russian Federation, is his obligation to provide employees with work stipulated by the employment contract. To do this, the employer, in order to ensure the uninterrupted operation of the organization, must take comprehensive measures aimed at fulfilling this responsibility. In addition, it is necessary to take into account that according to established law enforcement practice, taking into account the norms of civil law, failure to fulfill contractual obligations by the employer’s counterparty under a business contract, unless there were force majeure or other exceptional circumstances (force majeure), lack of raw materials, components, complex the financial situation of the employer is not included among the circumstances beyond the control of the employer and employee that caused downtime, since all this is considered as a business risk for which the employer is responsible.

Grigory Konishchev

Should the employer pay extra for the missing hours up to the norm?. The monthly norm is 167 hours. Due to the fault of the employer (no work was provided), the work hours amounted to 159 hours. Can I demand payment for the hours that are missing from the norm? If I can, where exactly can I read about it?

Lawyer's answer:
Article 157 of the Labor Code of the Russian Federation. Payment for downtime Downtime caused by the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Downtime caused by the employee is not paid.

Evgeny Cheglomov

In what cases do they pay 23 salaries?

In case of downtime. Article 157. Payment for downtime [Labor Code of the Russian Federation] [Chapter 21] [Article 157] Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the average salary...

Kirill Bezvenyuk

At work, the entire team is sent without pay for six months, what does this entail? I refuse for now. they will not pay for this time, because we have a piecework salary

Lawyer's answer:
The procedure for granting leave without pay is established by Article 128 of the Labor Code of the Russian Federation. There are two types of leave without pay: 1) leave for family reasons and other valid reasons, the provision of which depends on the will (consent) of the employer (the employer can provide them, but is not obliged); 2) leave that the employer is obliged to provide to the employee. Cases in which the employer is obliged to provide leave and the duration of these leaves are specified in Article 128 of the Labor Code of the Russian Federation, other articles of the Labor Code of the Russian Federation, other federal laws, and may also be specified in the collective agreement. For example, such leave (lasting up to five calendar days) is due at the birth of a child, in the event of marriage registration or death of close relatives. Let's not focus on them. The basis for granting such leave is a personal written application by the employee; it cannot exceed six months. During unpaid leave, the employee retains his place of work (position). The company does not have the right to send them on vacation at its own expense without the consent of employees. Without reaching an agreement with the employees, the employer can only pay downtime in the amount of at least 2/3 of the average salary (Article 157 of the Labor Code of the Russian Federation). By violating this rule, the company risks being fined under Article 5.27 of the Russian Code of Administrative Offences. Sanctions for officials can range from 1,000 to 5,000 rubles. , for an organization - from 30,000 to 50,000 rubles. or suspension of activities for up to 90 days). If there is no way out, and you alone continue to defend your rights... then maybe you shouldn’t continue working in this company, quit by agreement of the parties. Draw up an agreement to terminate the employment contract by agreement of the parties and indicate: – the date of termination of the employment relationship and registration of dismissal; – the possible amount of severance pay (if the parties agreed on the payment of such compensation), try to insist on the amount that you will need until you get a job new job(BUT REASONABLE!!!), do not forget to subtract 13% from this amount and you will receive the result in your hands. ; – the date of drawing up the agreement, details and signatures of both parties to the employment contract. (Clause 1, Part 1, Article 77 and Article 78 of the Labor Code of the Russian Federation.) The insurance period includes periods of work and (or) other activities, provided that payments were made for these periods insurance premiums V Pension fund RF. (Interruption of service now there is no such concept - today there is the concept of insurance service - these are contributions paid by the organization or by you to the Pension Fund of the Russian Federation)

Vera Vorobyova

How to correctly register an employee’s downtime production needs?

Lawyer's answer:
Your question requires a lengthy answer... I’ll give you a hint. If you don't like it, write to me by email. mail: First: Employee memo. The new version of Article 157 of the Labor Code does not establish the employee’s obligation to notify in writing about the beginning of downtime; therefore, the initial notification can be oral. The fact of downtime must be recorded. In case of short-term downtime, a downtime record sheet is drawn up. In case of long-term downtime, the employer immediately issues an order to start it based on a memo from the head of the department. However, in the first case the order is also issued. Unified form a sheet for recording downtime is not established by law, so the enterprise has the right to develop it independently, subject to the requirements of Article 9 of the Federal Law of November 21, 1996 N 129-FZ “On Accounting.” Based on the sheet for recording short-term downtime, the head of the organization issues an order to pay for his time. If it is known that the downtime will last several days, an order is issued to start it. The order indicates the start date of the downtime, its expected duration, and also sets out the procedure for paying for the downtime, determines where the workers should be, and, if necessary, indicates the date of return to work. I can familiarize employees who are idle with signature. I can’t sign for more details.

Alexey Frosin

The employer forced me to take unpaid leave, but I refused. What to do if the management pretends that you are not there... No matter how there is no head of the unit or the foreman, they left without pay. And the technical director pretends that I’m not there. What should I do to prove that I was simply not provided with a job and that I did not go on unpaid leave of my own free will?

Lawyer's answer:
If you can do your job in the current situation, then do it. If, in the absence of the head of the unit, the foreman, or for other reasons, you cannot perform your work, then you must act in accordance with Art. 157 Labor Code. That is, notify your immediate supervisor in writing (and if there is one in at the moment is absent, then the head of the enterprise or the person replacing him) about the impossibility of fulfilling his duties (job function). In this case, the employer must either ensure that you perform your job function, or temporarily (up to 1 month) transfer you to another job while maintaining the average earnings from your previous job. If the employer does not do this, then responsibility for the downtime will fall on him. You, having notified the employer in writing about the beginning of the downtime, will provide evidence that the downtime was not your fault, and, therefore, the time of such downtime should be paid to you in the proper amount (downtime (due to the fault of the employer is paid in the amount of at least two thirds average employee salary).

Lilia Fomina

At our enterprise there is downtime due to electricity, will it be paid if everyone is sent home?

Lawyer's answer:
Labor Code Article 157. “Payment for downtime”: Downtime caused by the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Downtime caused by the employee is not paid.

Vladislav Panteleukhin

People, urgent question!!! I have drawn up an employment contract with a PRIVATE entrepreneur. There is not a word in the contract about downtime. My salary is piecework (% of revenue). Am I obliged to Self employed pay for my downtime? And if possible, a link to the law or other document, please.

Lawyer's answer:
The entire Labor Code of the Russian Federation will not be included in the employment contract, and employers of enterprises, institutions, and organizations of any legal form are required to comply with its requirements. Here is what is indicated in Article 157 of the Labor Code of the Russian Federation on this matter: “Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Downtime caused by the employee is not paid. The employee must inform his immediate supervisor or 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 job function. If creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical 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 these workers, 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, for any period of time do not participate in the creation and (or) performance (exhibition) of works 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, or employment contract.”

Yakov Vasilichev

If the plant was not working (downtime, crisis) and I was on sick leave, is the plant obliged to pay me sick leave? I went on sick leave while the plant was still operating.

Lawyer's answer:
Before downtime at the enterprise, temporary disability benefits are paid according to general rules, specified in Article 7 of the Federal Law of December 29, 2006 No. 255-FZ. If, during a period of incapacity for work, a downtime is introduced at the enterprise (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), temporary disability benefits for days falling during the period of downtime are paid in the same amount as the salary is maintained during this time , but not higher than the amount of benefit that the insured person would receive according to the general rules (clause 7, article 7 of the Federal Law of December 29, 2006 No. 255-FZ). This means that for days of downtime, sick leave is paid according to the rules for paying for downtime. But if the amount of payment for idle time is higher than the payments accrued for payment sick leave according to the general rules, regular “sick leave” is paid. Conventionally, the time of sick leave, which began before the downtime and ended after the end of the downtime, can be divided into three parts. Before downtime, “regular” sick leave is paid. From the beginning of the downtime period, payment for downtime is made in accordance with Article 157 of the Labor Code of the Russian Federation. When the downtime is over, sick leave is paid again.

Lyubov Bobrova

need help. The preschool was closed for ongoing repairs on schedule for 2 weeks. How the downtime of the enterprise will affect the accrual of vacation pay to employees.

Look at Article 157 of the Labor Code (on downtime) and Chapter 19 of the Labor Code - vacation.

Tamara Yakovaleva

Does anyone have a sample order for downtime at an enterprise?

Lawyer's answer:
ABOUT TEMPORARY SUSPENSION OF WORK FOR REASONS OF ECONOMIC AND TECHNOLOGICAL NATURE in connection with the implementation production plan and lack of orders for December 2008. I ORDER: 1. The below-named employees have working days from December 22, 2008. to 12/26/2008 , considered as downtime due to the fault of the employer: - Volkov V. A., electrician; - Karev A. I., loader. 2. Working days for the below-named employees from December 24, 2008. to 12/26/2008 consider downtime due to the fault of the employer: - Loktev V. A., stamper; - Karpov A. V., stamper; - Dudarev S. V., electric welder; - Gab A. S., electric welder; - Davydov N. N., electric welder . 3. Payment for the above periods should be made in accordance with Article 157 of the Labor Code of the Russian Federation in the amount of 2/3 of the average wage of employees

Vera Zhuravleva

If a person is downtime, how to enter a report card? np and 8 o'clock? or what????

Lawyer's answer:
That is, your organization is now, in fact, declared downtime. If downtime is introduced through no fault of the employee, then it must be paid. Downtime must be formalized by order (instruction) of the employer and brought to the attention of employees against signature. Downtime can be introduced both for a specific employee and for the entire organization as a whole. The legislation does not limit the period of downtime. If downtime is introduced at the initiative of the employer, then you are obliged to retain at least 2/3 of the average earnings for the employees during the entire downtime. At the same time, at present, the fact of downtime (time, reasons for occurrence) and its payment are recorded with marks (RP) in the working time sheet (forms T-12 and T-13, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). Cancellation of downtime is also formalized by a decree, an order from the employer. In addition, the order must explain whether employees need to be present at work during downtime or whether they may not go to work, since the law does not provide for this. If downtime is introduced for reasons beyond the control of the employee and the employer, then NP marks are placed on the timesheet on these days and paid in the amount of at least two-thirds of the tariff rate and salary, calculated in proportion to the time worked (Article 157 of the Labor Code of the Russian Federation).

Veronica Kuzmina

downtime at the enterprise. Is downtime due to the lack of orders for work downtime due to reasons beyond the control of the employer and employee (construction activities)

Lawyer's answer:
This is the employer's fault and the downtime is his fault. defines downtime as a temporary suspension of work for reasons of an economic, technological, technical or organizational nature. Article 157 of the Labor Code of the Russian Federation talks about payment for downtime: Downtime due to the fault of the employer is paid in the amount of at least 2/3 of the employee’s average salary. Three hours - pay 2/3 hourly. One day - 2/3 of the daily payment. Month - 2/3 of the monthly average.

Vladislav Veprev

Is work on Saturday double paid for a five-day work week?

two options - either double payment or time off. If it is properly executed (consent of the employee, order of the employer), then YES, in accordance with Article 153 of the Labor Code of the Russian Federation. If you work as a milkmaid, then no. If a prostitute in Moscow, then yes...

Veronica Sokolova

What is SIMPLE in production? Is there a specific explanation in the Labor Code of the Russian Federation? The bosses cannot provide us with work. Therefore, our entire working day was declared idle. That is, we must sit at work and wait for it to be provided to us. For 2/3 of the salary. Justified by articles 107-1 and 157-1. Are they right?

Lawyer's answer:
Article 157. Payment for downtime [Labor Code of the Russian Federation] [Chapter 21] [Article 157] Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. Rights and obligations of the employee and employer during downtime On the part of the employer, it is extremely important to have the obligation to record the fact of downtime. The fact of downtime (time, reasons for downtime and payment for it) is documented with marks on the working time sheet, written notifications to employees about the start of downtime, reports, memos, acts of downtime, accounting sheets (for downtime during one shift), drawn up by the immediate heads of departments, orders for payment of downtime and other documents. # If work stops due to the fault of the employer, the employee must be notified about this by issuing an order on the start date and duration of forced downtime. The order must contain the following information: # through whose fault the downtime arose; # reasons for downtime; # start and end dates of downtime (if known); # which workshops (areas, departments, etc.) are switched to idle mode; # procedure for paying for downtime; # person responsible for executing this order. The order should be presented to the employees involved in the downtime against signature. Please also note that the duration of downtime is not limited by the legislation of the Russian Federation. Accordingly, nothing prevents the employer from extending the downtime. If production at the enterprise is suspended, the employer is obliged to notify the employment service authorities in writing about this within three working days after the decision is made to carry out the relevant measures (clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment population in the Russian Federation"). The notification form is free. Failure to fulfill this obligation in accordance with Article 19.7 of the Code of the Russian Federation on Administrative Offenses entails the imposition of an administrative fine: for citizens - in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; on legal entities- from three thousand to five thousand rubles.

Anna Soboleva

unpaid days for production downtime. I work at a factory and for the second month now we have practically no work, and next month they promise that there will be no work at all. According to the law, I know that in such cases the director of the plant must pay what amount for downtime (for the fact that he cannot find a job if I understand correctly) or send an employee on leave as unnecessary for which they are also paid. But we are told that we have to pay for downtime no one will, and what if you don’t go at your own expense, then you’ll go to other workshops to work not in your profession (for example, if you’re a grinder, then you’ll go to hammer with a sledgehammer and stuff like that). Can the director or the management of the plant not pay money for downtime? at your own expense and send to other jobs not in your specialty????

Lawyer's answer:
simple-temporary suspension of work for reasons of an economic, technological, technical or organizational nature. Article 157 of the Labor Code: downtime due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. downtime for reasons beyond the control of the employer and employee - in the amount of at least two-thirds of the tariff rate or salary. calculated in proportion to downtime. Article 72.2 of the Labor Code: in case of downtime, a transfer to a job not stipulated by the employment contract is allowed without the employee’s consent for a period of up to 1 month, but a transfer to a job requiring lower qualifications is allowed only with written consent. at the same time, the salary is not lower than the average earnings for the previous job.

Denis Yakubov

School fees are calculated for the year. Is it possible to fire a part-time employee on May 31? I work at school as a teacher. Part-time teacher of the GPD. Tariffication and staffing table drawn up for a period of one year from September 1, 2009. to September 1, 2010 The education department refuses to pay me for the summer months, explaining this as a crisis. They say there is no money. And in the summer you supposedly don’t work with children. Is this legal?

Lawyer's answer:
Completely illegal, the staffing table is indeed drawn up for 1 year, but only from January 1 to December 31 and is approved in December, then carefully read your employment contract, what is written there about payment in summer time? The fact that you work part-time does not affect your wages in any way, since part-time work is work in free time from the main job. Article 285. Remuneration for persons working part-time. Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When establishing standardized tasks for persons working part-time with time-based wages, wages are paid according to final results for the actual amount of work performed. If you don’t work with children in the summer (it’s not your fault? :) then this is downtime and is paid in accordance with Article 157 of the Labor Code. Payment for downtime: Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. 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 downtime. The implementation (and even more so the non-compliance of the Labor Code) cannot be explained by the crisis. Demand in writing to pay your wages, not forgetting to include compensation for delayed wages in your demand. If they don’t pay, go complain to the labor inspectorate and (or) the prosecutor’s office. Good luck to you.

Stanislav Bulochkin

Is it possible to change the standard working hours at the initiative of the employer? In January, the standard hours for a 36-hour work week were 122.4 hours. After the work time sheet was drawn up, it became known that there was a certain order, according to which the working time norm had changed and was 160 hours and wages would be calculated based on this norm. As a result, the number of hours worked increased and wages decreased. How legal is it to change the number of hours worked?

Lawyer's answer:
Your employer doesn't honor regulatory documents published by the government. Federal Law of July 22, 2008 No. 157-FZ "On Amendments to the Labor Code of the Russian Federation and Article 26.3 of the Federal Law "On general principles organizations of legislative (representative) and executive bodies state power subjects of the Russian Federation" Article 91 of the Labor Code of the Russian Federation was supplemented with part three as follows: "The procedure for calculating the standard working time for certain calendar periods (month, quarter, year) depending on the established duration of working time per week is determined by the federal executive body exercising the functions on the development of state policy and legal regulation in the field of labor. "Currently, there is a procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, approved by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n. That is, the norm of time It is not the employer who sets it, but it is communicated to him every year on production calendars.

Ilya Bazhukov

Need help with a labor issue... does the employer have the right to government work(in the theater) in the new rules and responsibilities of employees, indicate that actors do not have the right to work on the side - in other performances, children's competitions - without written permission from the management. And, in general, should all these rules be taken from labor legislation or does the management itself adopt them?

Lawyer's answer:
This is a violation of the law. File a complaint with the prosecutor's office or court. The current legislation does indeed provide for the possibility of having features regulating the working conditions of theater workers. However, this provision prohibits actors from working part-time or under contract (service) contracts. This effectively limits their labor and civil legal capacity. And such a restriction can only be established by federal law. There are no laws on this topic. Thus, these restrictions are unlawful. Civil Code of the Russian Federation Article 22. Inadmissibility of deprivation and limitation of the legal capacity and legal capacity of a citizen 1. No one can be limited in legal capacity and legal capacity except in cases and in the manner established by law. Labor Code of the Russian Federation Article 60.1. Part-time work An employee has the right to enter into employment contracts to perform other regular paid work for the same employer during his free time from his main job ( internal part-time job) and (or) with another employer ( external part-time job) . persons working part-time are determined by Chapter 44 of this Code. Article 252. Grounds and procedure for establishing the specifics of labor regulation Peculiarities of labor regulation in connection with the nature and working conditions, psychophysiological characteristics of the body, natural and climatic conditions, the presence of family responsibilities, as well as other grounds are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations. At the same time, the features of labor regulation, entailing a reduction in the level of guarantees for employees, limitation of their rights, increase in their disciplinary and (or) financial liability, can be established exclusively by this Code or in the cases and manner provided for by it. Article 351. Regulation of the labor of creative workers means mass media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes. Peculiarities of labor regulation of creative workers in the media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes, in particular the specifics of regulating working time and rest time (including breaks in technological and (or) organizational nature, duration daily work(shifts), night work, weekends and non-working hours holidays) , wages, in accordance with Article 252 of this Code, are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and in cases provided for in Articles 94, 96, 113, 153, 157 and 268 of this Code, also employment contracts.

Oksana Vasilyeva

on what maximum term Can a company place an employee on administrative leave?

Lawyer's answer:
Forced placement on administrative leave is a violation of labor laws. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, it entails the imposition of an administrative fine: - on officials - in the amount of 1000 to 5000 rubles. ;- persons carrying out entrepreneurial activity without forming a legal entity - from 1000 to 5000 rubles. (or administrative suspension of activities for up to 90 days); - legal entities - from 30,000 to 50,000 rubles. (or administrative suspension of activities for up to 90 days). Violation of labor and labor protection legislation official, previously subject to administrative punishment for similar administrative offense, entails disqualification for a period of one to three years. In a situation where the employer is unable to provide labor collective work, he is obliged to record downtime. Downtime according to Art. 157 of the Labor Code, the employee must be paid. If the downtime occurred due to the fault of the employer, payment is calculated based on 2/3 of the employee’s average earnings, and if for reasons beyond the control of the employer and employee, based on 2/3 of the tariff rate (official salary), calculated in proportion to the downtime. Leaves without pay granted to employees upon their written request can be divided into two groups: those that are given at the discretion of the employer, and those that the employer is obliged to provide at the request of the employee. The first group includes leaves without pay granted for family reasons and other valid reasons (Part 1 of Article 128 of the Labor Code). The duration of leave without pay, classified as the first group, is determined in each specific case by agreement between the employee and the employer, depending on the circumstances (reasons) for which the need arose such leave. Since leave without pay can be granted to an employee only if he has a good reason, in the application he must indicate the reason why he needs such leave. Whether the reason is valid is decided by the employer. According to established practice, valid reasons, in addition to those provided for by the Labor Code and others federal laws, also include seeing off a son for military service, sending children on vacation to summer camps etc. In all cases of granting leave without pay, regardless of their purpose and duration, they must be formalized by an order (instruction) on leave. Having received leave without pay, the employee can interrupt it at any time and go to work, setting inform the employer about this.

Yakov Murin

On vacation with 2/3 of the salary retained??Based on what article?. On the basis of what article does the employer send you on vacation for 2 months with 2/3 of the white salary? Thanks for the answers!

Leonid Lobanov

Should employees be paid additional wages up to the minimum wage if..... Should employees be paid additional wages up to the minimum wage if...due to downtime beyond the control of the employer and employee, wages were paid at reduced rates, as a result of which the amount of wages payable was lower Minimum wage (4330)....and if you make an additional payment, then how to reflect it??

Lawyer's answer:
No, you do not need to pay extra to the minimum wage. . Payment for downtime due to reasons beyond the control of the employer and employee may differ from minimum size wages. Payment for downtime is regulated by Article 157 of the Labor Code of the Russian Federation. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on February 28, 2008) Article 157. Payment for downtime Downtime due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. (as amended by the Federal Law dated June 30 .2006 N 90-FZ) Downtime for 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 downtime. (as amended by the Federal Law of June 30, 2006 N 90-FZ) Downtime due to the employee’s fault is not paid. The employee must inform his immediate supervisor or another representative of the employer about the start of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his job functions. employees - transition to part-time work ( working week), vacations at your own expense, etc. etc.

Nikita Danov

how to correctly issue an order for business downtime and inform the employee

Lawyer's answer:
ABOUT TEMPORARY SUSPENSION OF WORK FOR ECONOMIC AND TECHNOLOGICAL REASONS due to the implementation of the production plan and lack of orders for December 2008. I ORDER: 1. The below-named employees have working days from December 22, 2008. to 12/26/2008 , considered as downtime due to the fault of the employer: - Volkov V. A., electrician; - Karev A. I., loader. 2. Working days for the below-named employees from December 24, 2008. to 12/26/2008 consider downtime due to the fault of the employer: - Loktev V. A., stamper; - Karpov A. V., stamper; - Dudarev S. V., electric welder; - Gab A. S., electric welder; - Davydov N. N., electric welder . 3. Payment for the above periods should be made in accordance with Article 157 of the Labor Code of the Russian Federation in the amount of 2/3 of the average wage of employees. The order is signed by the director and chief. accountant, after that the names of all employees who are mentioned in the order are listed and everyone puts their signature - this will be their familiarization with the order.

Nikolai Korolev

administrative leave. A person has six months left before retirement; does his boss have the right to forcefully send him on administrative leave without saving his salary? If not, where should I complain?

Lawyer's answer:
It does not, since there is no such thing as “administrative leave” in labor legislation. In addition, labor legislation does not provide for the right of an employer to force employees to go on leave without pay. The employer may declare downtime, but the downtime must be paid to the employee in the manner provided for in Art. 157 of the Labor Code (i.e. in an amount of at least 2/3 of the employee’s average salary or at least 2/3 of the employee’s tariff rate (salary), calculated in proportion to downtime). You can complain about violations of labor rights to the federal labor inspectorate, the prosecutor's office or to the court.

Bogdan Garin

Doesn't the employer break the law by working from 8:00 to 19:00?

It depends on how many days a week you work. I work 2*2 for 12 hours. Everything is done according to the law. On the Internet you need to find information on how many hours according to the law of the Russian Federation you need to work HOURS PER WEEK. 40 hours a week and nothing. Rest...

Valentina Nikiforova

How to find a reference for an accountant???

write to them and remind them about living wage Yes, it's legal. No, you can't. You can demand anything. But you must pay taxes in full. And the fact that you have not officially formalized your relationship with the children’s father is subject to taxes...

Valentina Anisimova

Excessive salary paid. Upon dismissal, payment was received in cash. A few days after the dismissal, on payday, funds again arrived on the “salary” card in an amount equal to the settlement. After some time, the accountant calls and demands to return the erroneously calculated amount? Am I obligated to return these funds or not?

Lawyer's answer:
Article 137. Limitation of deductions from wages Deductions from an employee’s wages are made only in cases provided for by this Code and other federal laws. Deductions from an employee's salary to pay off his debt to the employer can be made: to reimburse an unpaid advance issued to the employee on account of wages; to repay an unspent and not returned timely advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases; for the return of amounts overpaid to the employee due to accounting errors, as well as amounts overpaid to the employee, if recognized by the body for considering individual labor disputes the employee's guilt in failure to comply with labor standards (part three of Article 155 of this Code) or simple work (part three of Article 157 of this Code); upon dismissal of an employee before the end of the working year for which he has already received annual paid leave for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for in paragraph 8 of part one of Article 77 or paragraphs 1, 2 or 4 of part one of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code. In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to decide to withhold from the employee’s salary no later than one month from the date of expiration of the period established for the return of the advance, repayment of debt or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amounts of the withholding. Wages overpaid to an employee (including in the event of incorrect application labor legislation or other regulatory legal acts containing labor law norms), cannot be recovered from him, except in cases of: counting error;

Vadim Kicha

maintaining wages?

Lawyer's answer:
LABOR CODE OF THE RUSSIAN FEDERATION Article 157. Payment for downtime Downtime (Article 72.2 of this Code) due to the fault of the employer is paid in the amount of at least two-thirds of the employee’s average salary. Downtime for 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 downtime. Downtime due to the employee’s fault is not paid. There are also guarantees and compensation when combining work with study, for example, during advanced training, etc.

The activities of an enterprise may be interrupted for some time for various reasons.

Breaks in work are considered to be downtime. They may be paid or not depending on the reason that caused them. During the period of lack of production, the employer must know how to correctly reflect forced downtime. Article 157 of the Labor Code regulates the issues of payment for these periods and stipulates other points that must be taken into account.

Downtime is an unplanned interruption of the work process for a certain period of time. It can be caused by technical malfunctions, economic difficulties, failures in technological processes, incorrectly distributed organizational issues.

Art. 157 of the Labor Code of the Russian Federation defines three main reasons for temporary suspension of the activities of an enterprise as a whole or part of it:

Through the fault of the employer himself.
Due to the employee's fault.
Due to force majeure circumstances beyond the control of the parties.

The Labor Code of the Russian Federation does not establish any limits on the duration of these periods. In fact, they can continue as long as they like, if the circumstances are so. The minimum period of fixed downtime is one day, and the maximum can last for several months. It is extremely unprofitable for the employer to artificially delay these periods, since actual downtime does not exempt him from submitting the necessary reports. In addition, most often the company has to pay financial benefits to its employees who are left without work for a certain time.

Despite all the disadvantages of idle time, this situation often happens not only at young enterprises, but also with more experienced manufacturers. How to behave correctly and what the parties can count on when such a situation arises is established in the Labor Code of the Russian Federation.

Due to the employer's fault

Article 157 of the Labor Code of the Russian Federation clearly delineates the characteristics of temporary absence from work, depending on whose fault it occurred. Most often, downtime occurs due to incorrect actions of the enterprise management. In such a situation, the director of the organization is faced with the task of correctly organizing the accounting of downtime due to the fault of the employer.

The first issue that the employer decides is the need for the presence at the workplace of those workers who are subject to idle time. Whether they will continue to go to work or temporarily stay at home depends on the decision of management. Any decision made is legally valid. When issuing an order for temporary downtime, the employer is obliged to stipulate this point in its text.

Forcing workers to simply come to work and do nothing during their shift will not be entirely correct. However, they can be temporarily assigned other work. Transfer to another position must be documented. It should be understood that:

without his consent, it is possible to move to another place for a period of no more than one month;
with his consent temporary transfer may last up to one year.

It is also important to take into account the employee’s qualifications; they should not be reduced, and if the work is of a lower specialization, then do not forget about the correct payment for such work.

Due to the employee's fault

Downtime caused by workers cannot be caused by economic reasons.

To some extent, the employee’s refusal to continue to perform his duties due to economic reasons can be classified as economic. This right is given to hired persons. For whom wages were delayed for more than 15 days, but by law, before not going to work, the employee is obliged to notify his management in writing about the decision taken, which automatically translates this idle time into the category due to the fault of the employer.

Idle time due to the guilt of the hired person is most often characterized by:

Improperly executed or prepared organizational issues. When the work failed due to errors in preparation or failure to provide for some nuances. In such cases, usually several people, for example, a team, drop out of the work process at once.
Equipment breakdown. In this case, it is important to establish whether it was the result of intentional or negligent actions of the employee himself or happened for other reasons beyond his control. If the employee’s guilt is proven, he may also be subject to disciplinary punishment.
No-show workplace. The reason is also important here; if it is absenteeism, then an additional measure becomes disciplinary action, and if there is an injury or illness, then it is not subject to penalties.

Another reason for downtime could be a workers' strike. The root cause of such an action is also important here and documentation strikes. Often, workers prove in court that the strike was a forced measure to which they were encouraged by the organization’s leadership.

How is downtime paid?

Paying for downtime is the most important point, both for the employee and the employer. Article 157 of the Labor Code of the Russian Federation determines payment for downtime depending on the reason for its occurrence.

In Part 1 of Art. 157 of the Labor Code of the Russian Federation states that the idleness of an enterprise, complete or partial, caused by incorrect actions of the employer, must be paid. Payment under the Labor Code cannot be lower than 2/3 of the employee’s average wage for each working day without labor. A higher compensation rate may be specified in the organization’s local documentation.

If the downtime was caused by force majeure and there is no established fault of either the organization’s management or employees, then it must also be compensated. However, in this case, compensation is not based on average salary, but for the amount of the salary specified in the employment contract or. As in the previous case, the minimum payments should be equal to 2/3 of the salary or other calculated value.

If the work cycle is disrupted due to the fault of one or more employees, then the employer does not have to pay for these days.

If an employee is transferred to another position during downtime, then care should be taken to ensure that his salary at the new place of work is not lower than the average salary for his main position. If, however, this figure is less, then the employer is obliged to make an additional payment to the average level.

The employee’s obligation to notify about the start of downtime

Article 157 of the Labor Code of the Russian Federation obliges employees to warn the organization’s management about the start time of idle time. A timely warning can completely relieve the employee of responsibility if it is established that he is not to blame for the situation. Even if the employee is guilty, he still must first inform management about what happened.

First, the incident is reported verbally. You should notify your immediate supervisor, and if he is not there, then the next higher-ranking manager. After an oral report has been made on behalf of the employee, an explanatory note is written, which is a written warning about an unplanned break in work. The employer may draw up an incident investigation report, which sets out the identified causes of the incident. Based on the act, a decision can be made to bring the perpetrator to justice.

The final document is an order on a forced break in work. The text of the order provides a link to the report and act, and also makes a management decision in connection with the current situation.

Downtime for creative workers

Creative professions have a different level of working time calculation. Although there are established working hours for creative workers, they are recorded in a different way from standard situations.

Article 157 states that for people creative professions the concept of simple as such is not applicable. Indeed, among theatrical, concert, cinematic and other groups, a period of relative creative calm can be recorded. Teams or individuals may not be involved in work for a certain period of time, but this will not be considered idle time and, of course, cannot be reflected in any way on payroll calculations.

Payment for such periods depends on what exactly is specified in the local documentation of a particular organization. At its discretion, the employer can fully compensate for the time of creative lull or not pay for it.

Commentary to Art. 157 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 of the Russian Federation and the commentary thereto). Downtime can affect one employee, a group of employees, or all employees of a structural unit or organization.

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 labor duties. Downtime resulting from 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 salary for the entire period of downtime.

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 of the Russian Federation and the commentary thereto). Since the obligation to ensure labor safety and conditions that meet the requirements of occupational safety and health is assigned to the employer (see paragraph 3, part 2, article 22 of the Labor Code of the Russian Federation) and the employer’s failure to fulfill this obligation is the employer’s fault for causing downtime, then the employee in this case has the right to payment for the specified period in the amount of at least 2/3 of the average salary.

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).

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

6. It is necessary to distinguish between downtime not due to the fault of the employee and his failure to comply with labor standards, failure to fulfill labor duties, since in these cases different guarantees are provided for payment for 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; if labor standards are not met, work is provided, but the conditions for its implementation are not provided (see, for example, the Cassation ruling of the Saratov Regional Court dated October 13, 2011 in case No. 33-5510; the Appeal ruling of the Vologda Regional Court dated May 21, 2013 in case No. 33-2173/2013).

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