Simple the fault of the employer: design, requirements and rules

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2019-03-20 12:20:42

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Almost every production company in the process is forced to face a downtime. They are represented by suspension of companies for various reasons. The most common simple fault of the employer. It is important to understand how formalized this process, as paid this period, what difficulties might be faced by the company.

The Concept of downtime

Presents a Simple special method to preserve the workers jobs in the process of suspending the operation of the enterprise for different reasons. This situation at work is considered to be unpleasant both for the employees and the organization. The company has to face losses, and employees do not receive full salary.

In article 72.2 of the LC contains the concept of downtime. He presented the temporary suspension of the operation of the enterprise. Usually the reasons are the different problems arising in the organization, technological process, technical equipment or the economic field.

What are the causes of simple?

Most often appears simple for the following reasons:

  • The demand for manufactured products, and it can be sharp or gradual.
  • The Lack of materials needed for the job.
  • Production equipment becomes faulty and unfit for further use.
  • Economic difficulties arising from the management of the firm, therefore, create substantial obstacles to the full work of the company.

Process necessarily accompanied by a significant drop in profits of the organization, so the salary of employees is significantly reduced. If the cause acts as a hardware failure, the obligation of the employee is timely notification of the management team of the enterprise on such a situation. If this is not done, it may require the employee to financial liability for breach.

simple because of the employer

Who can be the culprit?

Simple can affect all employees, and individual employee. It can affect a specific Department or a company. The reasons for its occurrence, there are many, but the culprit might be:

  • Employee of the company that steals equipment or materials, to disturb the discipline established at work. Also often ignore basic safety rules.
  • Simple fault of the employer as well occurs quite often, and usually it is associated with the change profile of the enterprise, with the economic problems in the organization or a violation of the clauses of the contract drawn up between the company management and employees.
  • Circumstances, which can not affect an employee or employer, and this includes the purchase of the defective equipment, the economic crisis in the country, various natural disasters and catastrophes.

If the main cause of downtime performs equipment failure, the employee, in writing, must notify the problem to the user. If the administration does not react to this statement, and to use in the future uncorrected units is impossible, there is a simple fault of the employer. In this case, employees should know what they will be paid wages and how they should behave to further the enterprise. According to the article 157 of TC, this situation suggests that the employee cope with their responsibilities, so it will not work to prosecute.

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Types of downtime

Depending on who are affected by the suspension production process are allocated to the types of outage:

  • Local relevance only to a single employee or several employees, for example, broke down only one unit managed by two people.
  • Mass on the basis of which fully addressed the whole company, why can't all staff members to cope with their responsibilities.

According to the duration of the downtime caused by the employer may be short-term, so usually the problem is solved within one working shift and it can be a long, and often the suspension of work could last from a couple of days to a few weeks.

the downtime caused by the employer

What are the causes of a employer?

Most often have to face the fact that missing work in the company because of the different factors that affect leadership. Therefore, a simple fault of the employer can be due to various reasons:

  • Technology. This category refers to the change in the production process, as required to produce other products, or completely changing the direction of the company.
  • Economic. These reasons are the lack of Finance to continue the work. Due to low demand for products can also occur the economic crisis in the company.
  • Organizational. Assume that the company's management is not able to timely make important and correct decisions. In some cases, there may be violations associated with the organization of the labor process.
  • Technical. The main reason may lie in the fact that inthe company used outdated equipment that is unable to perform certain actions. It also includes regular of components failures, failures or lack of electricity for different reasons.

All of these grounds are listed in article 72.2 of the LC, and they arise from the management of the company.

What rights and responsibilities vested employees?

Everyone working on the production enterprise should understand how to behave when you stop the work, as the paid simple the fault of the employer, and the duties which arise from the workers themselves. Only when the legal literacy of citizens can protect their rights.

TK is a common fault of the employer can be due to various reasons, but it is accompanied by the following aspects:

  • During idle time, workers can not visit the place of work;
  • Not considered the absence at the workplace to absenteeism, it is necessary to negotiate with the employer rules of conduct for employees during a work stoppage;
  • The order is issued by the user, which indicates the beginning of the outage;
  • Workers should be ready to return to work time at any time, for which they are notified by the employer by telephone or other means;
  • If the employer requires that all workers have written the application on holiday, which can be paid or at their expense, it is a violation, so the citizens can complain to the labour Inspectorate;
  • The employer can offer professionals a transfer to another position and work place, if available in the company free vacancy, but such a proposal must take into account the experience and qualifications of the employee;
  • Only with the consent of the employee outweigh it to the lower position.
payment for downtime caused by the employer

If the company is aware that a simple will be a long, many employees may be transferred temporarily to another post. If there is a fault of the employer in a simple, employees can refuse such an offer. If they agree, then take into account the rules of the process:

  • The temporary assignment may be issued for a period exceeding one year;
  • Be sure consent is required from a specialist for translation, if you plan to process for a period of one month;
  • Not allowed to pay was less than the average earnings which were paid to the employee at the same place of work.

Additionally, the translation must be official documents.

It is Important to know what is the amount of downtime caused by the employer, if the employee refuses to be transferred to another post, so just does not perform any job duties.

What social guarantees are offered to employees?

As simple arose solely through the fault of the employer, then surely all employees who are forced to suspend work should know what social guarantees they can count on. This includes not only payment of the downtime caused by the employer in the prescribed amount, and other obligations of the company:

  • Calculation and transfer of benefits, if an employee goes on sick leave, so he gives workplace-sick leave;
  • Registration of additional leave according to the standard scheme;
  • The idle time must be included in the seniority of employees, so employees don't have to worry that this situation is not the company could adversely affect the amount of their future pension;
  • Does not specify the employment records periods of suspension of work;
  • The right to make annual leave paid by the employer, retained experts, and it is not affected, how long is simple;
  • For all workers retain their jobs.

A Significant disadvantage is that it does not include idle periods in the experience that is necessary to the citizens of early retirement. Additionally, payment of downtime caused by the employer the labour code depends on the salary, but will always be less than the average salary for past work periods.

the fault of the employer when idle

What actions are performed by the employer in the event of downtime?

Initially notified the management company that there are certain failures. They can be associated with different causes, but often you can immediately establish that the perpetrator of such a process is the employer. Why performed under these conditions, steps:

  • Reveals the culprit, and if it is the leadership of the company, for example, there was a failure due to a lack of maintenance of the unit or the use of obsolete equipment, to perform all actions necessary for elimination of breakage or other reasons of inactivity.
  • Issues an order on forced to idle, which introduces different relevant information. These include the stop date of the employment process. Lists all employees who are left without the ability to perform their duties. Refers to the amount of payment of the downtime caused by the employer, but also indicates that there are no employees who are responsible for the process.
  • The received document must seeall employees who are unable to continue working.

Salary is made on the basis of information from article 157 TC. Only after the issuance of the order has been officially recorded beginning of the outage.

downtime caused by the employer

How is issued?

After the issuance of the order, additional information shall be performed, certain actions by the company management, which takes into account the norms of the TC. How to make simple the fault of the employer? This is accomplished by performing successive steps:

  • Statement is Formed. At this point, for some reason there was simple.
  • Published administrative document. It includes information about how long workers will be able to begin their work. Stated that the staff should continue to come to work or stay at home until, until they cause the user.
  • If necessary an investigation designed to determine the exact cause of the stop operation.
  • Take all measures to eliminate breakage or other problems encountered in the workplace.

If the employer requires from the employees that they have issued a statement on vacation, they can easily refuse to execute the request. Under pressure from the authorities, they may be made a collective complaint to the labour Inspectorate.

downtime caused by the employer TC

How do I pay?

The Payments, which are for employees not performing their duties depend on who is the culprit for such a situation at the enterprise.

How simple is paid because of the employer? Under such conditions in article 157 TC indicates that payment is equal to 2/3 of the average wage of a specialist. If the culprit was not identified, so there were circumstances, which could affect staff or management, then payment in the amount of 2/3 of salary. If proven guilty of a particular specialist, he does not receive a salary for the entire period of inactivity.

TK is a simple fault of the employer is paid on the basis of the exact number of days, during which the experts can not get to their main responsibilities. There are situations when you want to calculate for a person who has not yet worked for even one month. In this case I do not get to determine the average earnings, so data on his salary.

payment for downtime caused by the employer the labour code

Will I be Charged tax?

All payments submitted by the payment of days of inactivity are the employee's income. For TC the downtime caused by the employer must be reflected in company documentation. Payment of employees ranked as non-operating expenses of the enterprise.

These amounts are deducted taxes and fees for employees, so they are added to the standard salary of the technicians.

What to do in the absence of payment?

Many companies work with regular violations of fundamental statutory requirements. The labour code is simple the fault of the employer should properly be paid, but often the workers have to face the fact that they are forced to go on unpaid leave or simply not given them a salary for all the days when they could not because of the leadership to cope with their duties.

This situation is a violation of the law, therefore, is made the original complaint to the head of the firm. If there is no response to this document, you will have to contact the labour Inspectorate. All you can recover moral damages through the courts.

Thus, delays are considered to be unpleasant situations for any enterprise. They can occur because of workers or employers. In the latter case must be preserved for all specialists in different social guarantees. The employer needs to correctly calculate the employees ' salary during the shutdown. Required to correctly process simple, therefore, issued a special order and is under investigation. If the employer violates the requirements of legislation, so simple does not pay workers, does not draw properly this period or wrongful establishes the guilt of any specialist, then this is grounds for writing a complaint to the labour Inspectorate or filing a lawsuit in court.


Article in other languages:

AR: https://tostpost.com/ar/the-law/16139-simple-the-fault-of-the-employer-design-requirements-and-rules.html

BE: https://tostpost.com/be/zakon/31394-prosty-pa-v-ne-pracada-cy-afarmlenne-patrabavann-prav-ly.html

DE: https://tostpost.com/de/das-gesetz/31015-einfache-verschulden-des-arbeitgebers-die-gestaltung-anforderungen-und.html

ES: https://tostpost.com/es/la-ley/30944-simple-por-culpa-del-empleador-dise-o-los-requisitos-y-las-reglas-de.html

HI: https://tostpost.com/hi/the-law/17738-simple-the-fault-of-the-employer-design-requirements-and-rules.html

JA: https://tostpost.com/ja/the-law/15799-simple-the-fault-of-the-employer-design-requirements-and-rules.html

KK: https://tostpost.com/kk/za/31710-arapayym-zha-dayda-zh-mys-berush-n-k-n-s-nen-res-mdeu-talaptar-men-ere.html

PL: https://tostpost.com/pl/prawo/32662-prosty-z-winy-pracodawcy-design-wymagania-i-zasady.html

PT: https://tostpost.com/pt/a-lei/32468-simples-culpa-do-empregador-a-decora-o-os-requisitos-e-as-regras-de.html

TR: https://tostpost.com/tr/hukuk/28090-basit-bir-ar-za-i-veren-tasar-m-gereksinimleri-ve-kurallar.html

UK: https://tostpost.com/uk/zakon/31914-prost-y-z-vini-robotodavcya-oformlennya-vimogi-pravila.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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