Pprostoy the fault of the employer: who is responsible for what?

click fraud protection

temporary suspension of work is regulated by the legislator as simple.The enterprises (establishments) simple because of the employer can relate to everyone, and can be affected by only a few workers.In this situation, the law provides for the need to inform the employees as due to recess it will not be able to work properly.As a simple fault of the employer is, by definition, working time, so employees are required to observe labor discipline.At the same time, in agreement with the employees, based on the feasibility of the situation, the manager can not allow them to attend the company by issuing the appropriate order (order) and read it subordinates involved in the situation.

resulting downtime caused by the employer gives the latter the right to temporarily transfer the employee (written consent is not required) to another job, but no more than one (1) month.Disclaimer subordinate to do the work to which he was transferred, is treated as a violation and is subject to all kinds of disciplinary action.However, translation in this situation is only possible if a simple fault of the employer caused by man-made disasters, natural character, fire or flood - in general, to those situations which threaten normal life and work of the people.

There is one interesting point: often at the time of the suspension of the head of the organization decides to send employees on leave without pay (content) wages.It thereby seeks to preserve it needs labor relations, but it is not willing to pay.Labor Code prohibited to provide, much less forced to send in leave without pay (the contents of) salary for a simple fault of the employer, as well as for any other type of forced outage, regardless of the reasons that led to its offensive.For such violations, if they will be challenged in court staff, the head of penalties may be imposed in the form of fines and penalties.

legislation guarantees the employee paid for the forced break from work in a certain amount, therefore, the manager does not have the right to refuse cash payments for the actual downtime.Not less than 2/3 - a set fee for a simple fault of the employer.Payment is made at the rate of average earnings.The same size is set for when a forced break was formed due to circumstances beyond the employer's reasons.However, the collective contract of the organization may establish a different size, expressed fixed interest ratio, sum.It should be noted that whatever decision the payment may be made in the team, its size should not be less than the dictates of labor legislation.