LawState and Law

Just because of the fault of the employer: who and for what is responsible?

Temporary suspension of work is regulated by the legislator as simple. At enterprises (institutions), a simple fault of the employer can affect everyone, and only certain employees can be affected. In this situation, the law provides for the need to notify the employee about this, because due to the declared break he will not have the opportunity to work properly. Since the simple fault of the employer is, by definition, working time, it means that employees are required to observe work discipline. At the same time, in consultation with the employees, based on the expediency of the situation, the head can allow them not to be present at the enterprise, issuing an appropriate order (instruction) and familiarizing the subordinates participating in the situation with it.

The resulting forced simple through the fault of the employer gives the latter the right to temporarily transfer the employee (written consent is not necessary) to another job, but not more than 1 (one) month. The refusal of the subordinate to perform the work for which he was transferred is treated as a violation and is subject to all types of disciplinary punishment. However, the transfer in this situation is possible only if the simple fault of the employer is caused by catastrophes of anthropogenic, natural character, fire or flood - in general, those situations that threaten the normal life and work of people.

There is one interesting point: often during the suspension of the organization's activities, the head takes a decision to send employees on leave without preserving (maintaining) wages. Thus, he seeks to maintain the necessary labor relations with him, but he does not want to pay. The Labor Code of the Russian Federation is prohibited from granting, let alone forcibly sending on leave without maintaining (content) wages for the simple fault of the employer, as well as for any other type of forced break in work, regardless of the reasons that led to its offensive. For such violations, if they are challenged by employees in court, the manager may be penalized in the form of monetary penalties and penalties.

Legislation guarantees the employee payment for a forced break in work in a certain amount, therefore, the manager has no right to refuse cash payments for actual idle time. At least 2/3 - this is the amount of payment for a simple fault due to the employer. The payment is based on the average earnings. The same size is set for cases when a forced break occurred due to reasons beyond the employer's control. However, the collective agreement of the organization may set a different size, expressed in a fixed percentage, the amount. Here it should be noted that no matter what decision on payment was made in the team, its size should not be less than the labor legislation dictates .

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