The labor legislation of the Russian Federation provides for three options for downtime: through the fault of the employee, through the fault of the employer, and for reasons beyond the control of both. The main difference between downtime due to the fault of the employee is that during this period he is not supposed to pay wages. Therefore, the correct registration of downtime due to the fault of the employee, as the most conflict situation, is especially important in order to protect the employer from problems with the labor inspectorate and litigation.
It is necessary
- - an act confirming the fault of the employee in idle time;
- - reflection of downtime in forms T-12 and T-13;
- - an order to transfer an employee to idle time.
Instructions
Step 1
As soon as you become aware of the need to transfer an employee to a downtime due to his fault, draw up an act in which document the circumstances that led to the downtime and testify to the employee's fault in this documentary and in as much detail as possible. For example, if he broke the machine due to a deliberate or negligent violation of technology.
Step 2
If the employee refuses to sign the act, send this document by mail to his home address with a return receipt and a list of attachments.
Step 3
If necessary, involve a specialist who is competent to make an appropriate conclusion. The law does not require an act or expertise. But if the employee goes to court or to the labor inspectorate, with these documents you will have a better chance of proving your case.
Step 4
Regardless of the reasons for the downtime, its fact should be reflected in the unified forms T-12 and T-13, used by non-budgetary organizations for recording working hours and calculating wages. Downtime due to the fault of the employee is reflected in them by the digital code "33" or the letter "VP".
Step 5
Prepare an order to transfer an employee to a downtime due to the employee's fault. There is no strict legislative form for this document, an arbitrary one is quite suitable. However, it is desirable to reflect all important circumstances in it in as much detail as possible.
Step 6
The downtime period is not legally limited. In practice, it is optimal to reflect in the order the approximate time (for example, one week to repair or replace equipment disabled by the employee) that will be required to eliminate the causes of downtime. If necessary, you can always prolong the downtime or, if possible, withdraw the employee from it ahead of schedule. To do this, simply prepare a new corresponding order.
