Downtime due to the fault of the employer is regulated by article 157 of the Labor Code of the Russian Federation. The stoppage of the work of an enterprise, a separate division or individual employees can be associated with financial, economic and organizational reasons. So that the labor inspectorate does not find violations and does not punish the employer, the downtime period must be properly formalized.
It is necessary
- - order;
- - timekeeping.
The general characteristic of downtime is defined as a temporary stoppage of work, that is, until the financial, technical or economic situation improves. Downtime is not a rest and therefore employees must be ready to go to work at any time.
The edition of Federal Law No. 90-F3 obliges the employer to pay employees two-thirds of the wage rate or salary for the entire downtime. Since wages will be paid, the employer has the right to involve employees in other types of work during the idle period, for example, cleaning the territory, painting machines or doing general cleaning at the enterprise. But this can be done only with the written consent of the person involved.
Labor legislation does not provide for a two-month warning of downtime, since this circumstance may arise unexpectedly. But to notify all employees by order is the direct duty of the employer. There is no unified order form for these cases, so it is drawn up in any form. In the order, it is imperative to indicate the reason for the downtime, the period and the full name of the employees or the number of the structural unit that will not work due to the circumstances. If no one will work at the enterprise, then there is no need to indicate specific names or departments.
Also, the order must indicate the amount of payment during the downtime. The employer has the right to add a clause to the order that all the time that the downtime period will take, employees must be at the workplace.
The employee responsible for maintaining the timesheet is obliged to put down all days of downtime in the working time record with the code "RP" or 31.
For the period of downtime, the employer can offer employees another job, but not more than one month. The position must have the same qualification level as it was before the temporary suspension of the enterprise or division. The temporary transfer order is filled out in the form T-5 or T-5a.