Downtime is a temporary stop in the operation of an enterprise, which can be caused by various reasons (Article 72.2 of the Labor Code of the Russian Federation). The legislation does not give clear explanations about documenting downtime, but its payment is clearly indicated in article 157 of the Labor Code of the Russian Federation, as well as keeping records of the time of immediate downtime.
Instructions
Step 1
In order to register the downtime at your enterprise, which occurred through your fault, through the fault of an employee or for reasons beyond the control of the parties, you must declare a downtime. A work stoppage can affect several employees, one or all employees in the enterprise.
Step 2
If the stoppage of work occurred due to the fault of the employee, then he must immediately notify you about this in writing with an explanation of the reason for the stoppage of work. If the employer is not notified, then he has the right to impose a disciplinary sanction in the form of a fine, issue a written penalty, draw up an act and terminate the employment contract unilaterally.
Step 3
If the downtime occurred due to your fault or for reasons beyond the control of the parties, then you must immediately notify employees of this. Since the reasons may arise unexpectedly, the timing of the warning is not established by law.
Step 4
After declaring the downtime, issue an order indicating the time when the downtime begins. Also indicate the downtime end time in the order. Downtime can end immediately after the elimination of the reasons for the suspension of work, but cannot be delayed for more than 6 months, which are calculated from the start date specified in the order. If the downtime ended earlier or needs to be extended, then you can issue an additional order.
Step 5
Be sure to indicate the reason for the downtime in the order. The legislation does not regulate the reason for the downtime, which can be considered valid, so you can indicate exactly the one that led the company, one employee or group to downtime. Introduce the order to all employees against receipt.
Step 6
All the time you are idle, you are required to keep a T-12 or T-13 time sheet. For each employee, enter an alphabetic or numeric code corresponding to the reason for the downtime in the time attendance column. If the work was stopped due to your fault, then put down "RP" or "31", due to the fault of the employee - "VP" or "33", for reasons beyond the control of the parties "NP" or "32".
Step 7
If the downtime occurred due to your fault or for reasons beyond the control of the parties, then you can involve employees in performing other work, because you are obliged to ensure their employment (Article 22 of the Labor Code of the Russian Federation).
Step 8
Regardless of whether employees are doing other work or not, pay for all downtime at 2/3 of the average earnings in the 12 months before the downtime period. If the downtime is caused by the fault of a specific employee, then you are not obliged to pay him this time.
