Sample order for downtime due to the fault of the employer: latest amendments, advice, documents

Why is it needed?

The concept of “simple” is not discussed in detail in the Labor Code of the Russian Federation. It is given in Art. 72.2 of the Labor Code of the Russian Federation in connection with clarification of the provisions related to temporary transfer to another job. By downtime, the Labor Code of the Russian Federation understands a temporary suspension of work for economic, organizational, technical, and technological reasons.

Possible reasons for downtime:

publication by the authorized body of an act that resulted in the suspension of the organization’s functioning;
equipment breakdown;
revocation of the license to operate;
climatic conditions.

The list of reasons is not exhaustive and is related to specific circumstances.

Stopping activities may be planned or unplanned.

How to correctly register downtime due to the fault of the employer

A sample order for downtime due to the fault of the employer is filled out in case of suspension of work. The definition of “downtime” is given in Article 72.2 of the Labor Code of the Russian Federation, which names many reasons that can arise both through the fault of the employer and the fault of the employee, as well as due to circumstances beyond the control of the parties. One of the reasons for downtime is the economic situation when work cannot be continued due to lack of orders. Courts interpret this circumstance as a risk of business activity, which also includes:

liquidation of debtor companies;
bankruptcy of counterparties;
currency exchange rate fluctuations and so on.

For more information about a sample order for downtime due to the fault of the employer, read the articles:

Lesson No. 15. How to design a simple
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In such cases, downtime is registered due to the fault of the employer, and not for reasons beyond the control of the parties. Often, employees file an application for consideration of the case in court, wanting to challenge downtime at the enterprise due to the fault of the employer, if it is imposed exclusively in relation to laid-off specialists.

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Downtime caused by the employer also includes reasons of a technical, technological, or organizational nature. The line separating downtime due to the fault of the employer or other reasons is quite shaky. That is why it is so important to know how to correctly register downtime due to the fault of the employer. The employer's will alone will not be enough.

Important! The company must have official documents on the basis of which all reasons for downtime can be substantiated. These can be acts, reports, memos, on the basis of which the fact of absence of work is recorded, accounting or other financial sources.

The legislation does not have clear instructions and procedures on how to register downtime due to the fault of the employer. Therefore, here you will have to act not only in accordance with the customs of circulation, but also on the basis of the conclusions drawn from the analysis of judicial practice.

How to register downtime due to the fault of the employer and indicate the timing of suspension of work

You cannot suspend work without specifying deadlines. There are situations when the employer does not know the exact timing of the end of the downtime. In this case, the order for downtime due to the fault of the employer (sample) includes wording with reference to a specific event. For example, this may be the fulfillment of basic contractual obligations on the part of suppliers or contractors.

It is worth considering that with this option, you will need to draw up an additional administrative act on the end of the downtime; employees should be familiarized with the document. If the end date of the suspension of work is precisely known, this is indicated when filling out a sample order for downtime due to the fault of the employer. In any case, it must be remembered that the suspension of work is forced and temporary; this must be clearly indicated in the documentation prepared by the employer.

When an enterprise temporarily completely suspends operations, this should be reported to the employment service. The notice indicates the reason for the suspension of work. The document is filled out on the organization’s letterhead and signed by the sole executive body.

Downtime due to unfavorable epidemiological situation

If, under the current circumstances, an enterprise (for example, when a non-food store, restaurant, bar, or leisure center is closed for quarantine) is unable to provide employees with work, the manager declares idle time. Moreover, this can be total (for all employees) or selective downtime (when, for example, employees who support the life support of the enterprise continue to work, while the rest have suspended work). Downtime due to an unfavorable epidemiological situation is paid in the amount of 2/3 of the tariff rate or salary (Part 2 of Article 157 of the Labor Code of the Russian Federation).

The fact of suspension of work must be documented: an order for downtime is the basis for payment to employees of monetary compensation established by Art. 157 Labor Code of the Russian Federation. The article determines the obligation of the employer guilty of downtime to pay compensation to employees in the amount of 2/3 of the average salary for the period of temporary suspension of activities. The accounting department of the enterprise will be able to fulfill the requirement of labor legislation if an order is issued.

There is no obligation to formulate this administrative act in the Labor Code of the Russian Federation, but it is needed to protect the employer from possible dissatisfaction on the part of employees. The presence of paper is checked by the labor inspectorate.

Results

Employees who were unable to work due to the employer’s fault must receive compensation calculated according to the provisions of Art.
157 Labor Code of the Russian Federation. The basis for its payment is a local regulatory act - a separate order from management. This document reflects the circumstances of the downtime, and also establishes the procedure for the actions of responsible persons upon completion of the forced pause in the work of personnel. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to compose

The legislator has not defined clear requirements for the execution of an act recording the suspension of activities. The employer has the right to make an independent decision on how to issue an order to declare downtime. The same document may provide for the absence of employees from their place of work during such a period.

In the administrative act, reflect:

date, number, place of formation;
employer name;
title of the paper, for example: “Order for payment of downtime due to the fault of the employer”;
justification of the reasons for the interruption in activity;
a list of actions of responsible employees that they must perform during the period;
FULL NAME. employees, names of structural units that were idle;
start and end dates of downtime (if known);
amount of payment for downtime;
location of employees during the period of business interruption.

The time of suspension refers to the time of work, not rest, since Art. 107 of the Labor Code of the Russian Federation does not contain an indication of such a period of time as rest. Formally, employees must be present at their places of work. But in the administrative document, the employer has the right to establish a provision according to which people have the right not to be at work.

Employees subject to downtime must be familiarized with the administrative document and sign it, expressing their consent.

An order is drawn up and issued if the act declaring the period did not contain an end date. In this case, the document should indicate on what date employees are required to start working. Employees subject to the downtime regime are familiarized with the document.

Reasons for downtime beyond the control of the parties to the contract

Back in 1996, the Ministry of Labor issued a clarification stating that unpaid leave should be granted to employees only at their personal request for valid reasons or family circumstances. The best way out of the situation would be to draw up an order for downtime due to the fault of the employer (a sample is given in the article), as well as actions in accordance with labor legislation. Otherwise, controversial situations with employees may arise, which are resolved in the courtroom.

Forced sending of an employee on leave without pay

The main criterion for downtime at an enterprise (the registration algorithm and payment depend on its type) due to the fault of the employer is his inaction, deliberate or accidental neglect of business risks. In this case, the employer must himself prove the absence or presence of downtime circumstances.

The order is completed by the signature of the manager (general director, head of the personnel department or other persons entitled to certification). The right to sign orders of this kind must be enshrined in the job description.

What policy should the accounting department follow: what payments to make and in what volume. The Labor Code leaves no room for maneuver for the employer here. An employee's remuneration for downtime should not be less than two-thirds of his regular salary. This is clearly stated in the first paragraph of Article 157 of the Labor Code.
An indication that the time of interruption of work by each employee must be recorded in the downtime time sheet.
The exact date of the start of downtime due to the fault of the employer.
When (under what conditions) is downtime considered terminated?
Who needs to be notified about the release of the order.
Who is responsible for fulfilling the requirements set out in the document.

Groups of downtime reasons

The entire enterprise, a separate group of workers, or a specific division can be idle. Even one employee sometimes finds himself without a job. In order to retain a valuable specialist on its staff, the employer issues a downtime order.

date, number, place of document preparation;
employer's name;
title of the document: “Order on downtime caused by the fault of the employer”;
an indication of the reasons for downtime and its duration;
an explanation of the fact that the downtime arose due to the fault of the employer;
a list of instructions from the manager regarding the procedure for responsible employees to act upon downtime;
Full names of employees who were idle, or names of idle structural units.

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The basis for accrual of this compensation by the accounting department must be a separate local regulatory act of the employer. In principle, the Labor Code of the Russian Federation does not require it to be drawn up, but the presence of such a document in the personnel department may be necessary from the point of view of protection from possible claims of employees. The presence of such an act may also be useful in the event of an inspection by the Labor Inspectorate.

Why do you need a demurrage order?

In accordance with the provisions of Art. 157 of the Labor Code of the Russian Federation, an employer, through whose fault there is downtime in the work of one or more employees, is obliged to pay compensation in the amount of 2/3 of the average earnings related to the period of downtime.

reasons for the downtime order: they must be clearly formulated so as not to raise unnecessary questions;
which departments or specific employees are affected by the downtime. If the order concerns the entire organization, the employer is obliged to inform the employment center and the “Work in Russia” portal, as required by Order of the Ministry of Labor dated March 24, 2021 No. 152;
downtime periods: it is allowed to indicate approximate ones; if necessary, an order can be issued on the premature resumption of the company’s activities or on the extension of forced rest;
location of workers: either they are temporarily transferred to other jobs or sent home;
procedure for remuneration during idle periods.

Over the past few months, organizational leaders have increasingly decided to issue downtime orders amid the spread of coronavirus. The list of unforeseen circumstances includes: failure by the counterparty to fulfill its obligations, revocation of a license, exposure to natural forces.

How to formalize a decision on downtime

There is no unified form adopted at the legislative level. The employer has the right to develop the structure and fill out the document himself. Experts suggest using this sample order for forced downtime.

A downtime order is an administrative document of an organization that records a temporary suspension of work and is the basis for paying monetary compensation to an employee for the time during which he was unable to work. Such an order is also issued if the downtime is caused by quarantine measures in connection with the coronavirus pandemic.

What documents can serve as a basis?

Labor legislation does not impose requirements for documents that may serve as the basis for issuing an order. It all depends on the kind of document flow in the organization. To issue an order, you can use one of the following documents:

A report or memo from the head of a department who is competent in organizing and monitoring work.
Downtime record sheet - the form of this document is not established by law. As a rule, this sheet contains the date and time of the start and end of downtime, personal data of employees and reasons.
Downtime report drawn up by the heads of the structural unit. It must indicate the duration and reasons, position and personal data of the employees.

The employer must keep in mind that in case of actual downtime (without issuing an order) and non-payment, the court will be on the side of the employee. The company is obliged to issue an order and make payment.

Rights and obligations of the parties

During downtime, each party acquires a number of rights and obligations relating to the current situation. The employer, for his part, is obliged:

establish the cause and culprit of the downtime;
use all available measures to prevent or reduce downtime;
draw up all the necessary documents recording the fact of downtime, as well as notify employees about this in writing;
calculate and pay for forced leave time in accordance with current legislation.

Attention! In practice, there are situations when it is not easy to determine the culprit of downtime. In such a situation, the employee may not agree with the amount of compensation and go to court. At the same time, he should provide documents confirming the fact of downtime. The employer, for its part, attaches papers confirming the validity of the calculations made.

Please note that the employer has the right, in the event of an emergency resulting in downtime, to transfer the employee without notice to another place of work for a period not exceeding one month. At the same time, assignment to less qualified and paid work can be carried out only with the written consent of the employee.

If the transfer occurs for other reasons, then it is imperative to obtain consent from the employee. In this case, the employer must provide evidence confirming the existence of grounds for this action. In this case, remuneration is made in an amount not lower than the average monthly earnings in the previous place.

The employee, for his part, is obliged to inform the employer in writing or orally about any problems that have arisen that make it impossible to carry out further work. Failure to comply with this rule may result in a disciplinary sanction, but this is not a basis for refusing payments during downtime.

Downtime order: sample

It is allowed to send idle employees on a business trip with the appropriate registration of the latter. If it is impossible to do other work, employees simply attend their workplaces without passes. Compliance with this rule is necessary for calculating compensation. The absence of an employee from his place in the case is simply counted as absenteeism.

Indication of the reason for downtime - economic, technological or organizational, without specifics.
Duration of non-working period.
Management instructions to responsible persons regarding their actions during downtime.
List of employees who are among the idle.
Indication of the person responsible for executing the order.
Manager's signature.

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We issue a downtime order: sample 2021

If equipment breaks down or other reasons arise that make it impossible for the employee to perform his job function, the employee must report the incident to his immediate supervisor or other representative of the enterprise administration. You can notify an organization about downtime, either orally or in writing, by writing, for example, a memo about downtime (for more details, see “Sample memo about downtime”). Downtime due to the fault of the employer or for reasons beyond the control of the parties to the employment contract is paid differently from regular working days (Article 157 of the Labor Code of the Russian Federation). The basis for the calculation is the average salary of the employee. In turn, downtime due to the fault of the employee himself is not paid at all (for more information on this, see “Downtime is the fault of the employee”).