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.
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.
Most often appears simple for the following reasons:
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 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:
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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Depending on who are affected by the suspension production process are allocated to the types of outage:
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.
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:
All of these grounds are listed in article 72.2 of the LC, and they arise from the management of the company.
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:
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:
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.
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:
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.
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:
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.
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:
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.
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.
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.
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:
PL: https://tostpost.com/pl/prawo/32662-prosty-z-winy-pracodawcy-design-wymagania-i-zasady.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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