In this article the order of documentary registration of idle time at the enterprise and feature of payment of a salary is stated to workers.
Reorganization 2002
During an economic crisis in the country any enterprise can face a problem of a suspension of process of production. Then it is necessary to solve, as it is correct to issue enterprise idle time, whether it is necessary to pay a salary to workers, if yes, that in what size. You will find answers to these questions in this article.
Types of idle time
As it is defined by Art. 34 the Labour Code, simple is the suspension of work caused by lack of organizational or specifications, necessary for the work performance, force majeure or other circumstances.
Idle times can arise:
• because of the worker (for example, equipment breakage because of incompetence of the worker, absence on a workplace, etc.);
• because of the enterprise (this type of idle time can take place as a result of emergence harmful to life and health of a situation or in the absence of conditions of the material or technical plan necessary for work);
• owing to force-majeur circumstances (for example, flood, etc.).
Can stand idle both the enterprise as a whole, and its separate shops and departments. Be suspended also separate activities can.
For enterprise idle time workers can be transferred from their consent taking into account specialty and qualification for other work at the same enterprise, in establishment or the organization or on other enterprise, in establishment, the organization, but in the same district within one month.
Documentary registration
Normative documents didn’t establish a uniform order of registration of idle time. Therefore during this period it is necessary to be guided by set of the relevant standards of the labor law. Proceeding from own practice and on the basis of the carried-out analysis of existing legal statuses we recommend to apply the following order of registration of idle time.
The service record, the act or the protocol can be primary documents. Let’s consider more in details each of them.
The service record is made by public officials (the head of service according to safety measures and labor protection, the chief engineer, etc.) which independently revealed or received the notice from the worker about the idle time beginning. In the service record can be specified: an essence and incident consequences, approximate cost of works on elimination of shortcomings and terms, offers concerning need of acquisition of the new equipment, urgent purchase of the got damp raw materials, etc. The service record is addressed directly to the director.
The act is made in case of emergence of idle time of structural division or all enterprise (for example if suddenly deteriorated and the equipment failed, broke through a pipe, in case of flood, an economic crisis, etc.). The chief engineer, the foreman, the foreman, the engineer according to safety measures and labor protection, the mechanic, that is the persons which have been directly tied with this production can make the act. In this document specify: the enterprise name, date and a drawing up place, commission structure (not less than three people), an incident essence, time of its emergence and a consequence, possible assumptions concerning terms of elimination of consequences. The act is signed by all parties.
The protocol as well as the act, can be made at emergence of idle time of all enterprise. It is made by participants (founders) of the enterprise at general meeting where the further destiny of the enterprise is solved. In the protocol the following data are specified: the reasons of decision-making on the idle time, a recommended idle time and types of obligations which are necessary for executing during this period. Service records of the chief accountant can be applied to the protocol about purchase prices, the head of department of sale – about the prices in the market of this production, the competition and sale graphics for the last two-three month, the economist – about results of monitoring of the market and possible prospects on the future.
All documents listed above affirm the order of the director. Remember that to make them it is unessential. In certain cases it is possible to manage only the order of the director where are specified: start date and idle time reasons, idle time terms of payment, information on transfer of workers naperiod idle time and other data.
Let’s give a model of filling of the order.
Compensation in idle time
After idle time is documented, it is necessary to calculate and pay to the accountant on the system of compensation specified in the order a salary, observing thus all requirements of the labor and tax legislation.
The procedure for payment of idle time is defined by Art. 113 the Labour Code and depends on a concrete situation, namely:
• the idle time not because of the worker is paid at the rate of not below 2/3 tariff rates of the category (salary) established to the worker;
• for an idle time not because of the worker connected with emergence of a production situation, life-threatening or health of the worker or people surrounding it and surrounding environment, behind it average earnings remain;
• the idle time because of the worker isn’t paid.
Let’s notice that the requirement concerning familiarity of workers with the decision on idle time (unlike reduction) legislatively isn’t established.
Let’s add that the sheet of the accounting of working hours in idle time all the same should be conducted, but with a mark "simple" in line where fulfilled time is usually put down.
Pay attention! According to p.1 Art. 142 the Labour Code the labor schedule at the enterprise is defined by rules of the internal labor schedule. This document establishes the rights and duties of workers and administration, time of the beginning and the completion of work, an obligation of administration to keep account arrival for work and going away from work, etc. Therefore the presence or absence question narabote workers in case of idle time can be solved in the specified rules of the enterprise (see also letter of Ministry of Labor from 23.10.07 of No. 257/06/187-07).
If you as the head, on the one hand, don’t want, that workers did nothing, and with another, wish though somehow to save, offer them holiday (probably, and at own expense if they aren’t against and it won’t contradict the current legislation).
On Balans-Agro newspaper materials.