In the course of its activity, a company for various reasons may find itself in a crisis situation. As you discuss ways to save costs, you may decide to send “extra workers” on unpaid leave. Keep in mind that the employer does not have the right to send on such leave on its own initiative. This requires a statement from the employee.
Talk to the employee, explain to him the situation in which the enterprise finds itself. Politely ask him to write an application for unpaid leave. Agree with the employee the timing and basis for going on vacation. Such a statement must include an individual reason, for example, due to the employee's family circumstances.
Issue a personnel order granting an employee unpaid leave. In the line "Basis of the order", when drawing it up, you must refer to the employee's statement. Have the employee read the order, date and sign.
Issue a downtime due to the fault of the employer with the right of employees not to go to work if the employees could not be persuaded to write a vacation application. Draw up and sign an order for downtime for the enterprise. In the order, you must indicate the reasons for the downtime and the date of its start and end. Familiarize employees with the order against signature. Take the downtime into account in the time sheet, marking it with the appropriate symbol. The period of downtime due to the fault of the employer, you will have to pay the employee in the amount of 2/3 of the average earnings.
If you do not know exactly how long the situation at the enterprise will last, in the downtime order, indicate the approximate date of the end of the downtime, and then draw up an additional order.
If you are able to prove that the downtime occurred for reasons beyond the control of either the employee or the employer, and justify this in the order, then pay the downtime to employees in the amount of 2/3 of their salary or tariff rate.