Must the employer notify the employment service about the announcement of downtime?

The order to end the downtime was not issued (if there is no end date in the order)

If the order declaring downtime indicated a specific end date (for example, “declare downtime from 08/07/2014 to 08/18/2014”), then this order is terminated automatically.

If the order declaring downtime was issued with an open date (i.e., at the time of its issuance it was impossible to determine the duration of the downtime), then the employer must issue an order to end the downtime, indicating:

— the date from which work resumes;

- position (profession), full name.

Notification of the employment service about staff reduction

In person - a representative of the business entity delivers the notice to the employees of the employment center in two copies. They enter the incoming number and return one of these forms to the company representative.
By mail - the responsible person who is entrusted with the preparation of all documentation during layoffs can send a valuable letter to the employment center with receipt of receipt.
Electronically - an organization or entrepreneur can use this option only if they have a qualified digital signature. In this case, you can draw up a notice, sign it and send it to the employment center.

To compose a letter, you can use a regular standard sheet. First, the title of the document is indicated. Next, be sure to indicate the name of the company, address, telephone number and company details. If termination of contracts due to redundancy is carried out by an entrepreneur, the full name must be indicated. This is due to the fact that this information must be contained in the notification.

Notification of downtime due to reasons beyond our control

If the employer decides to exempt employees from the need to come to work during the downtime period, the employer has the right to indicate this circumstance in the order. The need for this is due to the fact that, as a general rule, during downtime, employees must be at their workplaces during working hours, since, as follows from the analysis of Art. 107 of the Labor Code of the Russian Federation, downtime is not a type of rest time (cassation ruling of the Moscow City Court dated April 26, 2011 N 33-12337/11, appeal ruling of the Investigative Committee for civil cases of the Tomsk Regional Court of the Tomsk Region dated November 29, 2013 in case N 33-3583/2013 , cassation ruling of the Saratov Regional Court dated December 1, 2011 in case No. 33-6389).

We notify the employment center

In turn, since 2009, all employers are required to inform the service authorities in writing about the introduction of a part-time working regime, as well as when production is suspended. This must be done within three working days after the relevant decision is made (clause 2 of Article 25 of the Employment Law).

Based on the foregoing, the arbitrators said that even if there were no vacant jobs in the reporting period, the employer should have notified the state employment service (resolution of the Federal Antimonopoly Service of the North Caucasus District dated November 11, 2009 No. A32-10586/2009-59/184- 110Аж).

Interesting: What to do if you lose your car documents

Notification of downtime due to reasons beyond our control sample

Info

As we have repeatedly stated, the employer must have objective circumstances (of an economic, technological, technical or organizational nature) to issue an order for downtime in the organization (individual divisions of the organization). Thus, carrying out measures to reduce the number or staff of the organization’s employees and notifying them about the upcoming

Dismissal does not constitute idle time in the sense in which this term

Used in Part 3 of Art. 72.2 Labor Code of the Russian Federation. If there are objective circumstances that caused the downtime, and the employer has issued a corresponding order for downtime, then employees who have been warned about dismissal due to a reduction in headcount or staff may also find themselves in downtime (clause

2 hours 1 tbsp.

Important

It is also illegal to require employees to perform their duties during downtime, even when they are at work all day. [3]

The greatest damage from downtime is caused to the enterprise, regardless of whether the employer is at fault.

The employer does not want to issue idle time

The likelihood that management will refuse to take measures to formalize downtime is very low. After all, it is the enterprise that suffers most from the suspension of production.

Another issue is that unscrupulous bosses may try to convince workers to go on unpaid leave during economic difficulties.

It happens that this policy is implemented by a hired company manager, trying to hide the results of short-sighted decisions in the management of the enterprise.

Contents of the downtime notice

A notice to the employment service about downtime is drawn up by the employer in any form and can be written by hand or printed on a computer.

The notice of downtime must contain the following information:

full name of the organization;
legal address of the organization;
organization telephone number;
the total number of employees working in the organization;
date and time of introduction of the downtime regime in the organization;
end date and time of idle mode (if known);
date of the notification;
manager's signature;
and other information.

Notification of downtime can be sent to the employment service by registered mail or courier.

In this case, a copy of the notification with a mark from the employment service or with a postal receipt must be kept as evidence of the notification .

How many days notice of downtime due to the employer’s fault?

The Tula Regional Court, in its cassation ruling dated November 10, 2011 in case No. 33-3848, noted that a decrease in demand for manufactured products, the purchase of raw materials at inflated prices, and a decrease in production volumes are the fault of the employer.

Then the question arises: what will relate to reasons independent of the will of the parties? Let us turn to judicial practice and explanations of officials. According to them this is:

— issuance of orders by state bodies (decision of the Moscow City Court dated July 15, 2010 in case No. 4g/2-5685/10);

— extreme weather conditions (see, for example, the recommendations of the Ministry of Health and Social Development on the organization of work and rest regimes in conditions of extreme temperatures and smoke dated 08/06/2010);

- breakdown of the machine of the employee who uses it, but is not to blame for its breakdown.

Sample notification of downtime due to the fault of the employer

And the main positive effect will be the application of maximum efforts by both parties to the resumption of work.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes.

Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Sources

Khropanyuk, V.N. Theory of state and law / V.N.
Khropanyuk. - M.: Interstyle, 1999. - 384 p.
Isakov, Vladimir Theory of State and Law 3rd ed., trans. and additional Textbook for bachelors / Vladimir Isakov. - M.: Yurayt, 2020. - 830 p.
Matuzov, N.I. Theory of State and Law / N.I. Matuzov, A.V. Malko. - M.: Publishing house "Delo" RANEPA, 2011.

Notification of downtime due to the fault of the employer

The inability to carry out the activities of the maternity unit is due to understaffing, namely, the lack of round-the-clock post of neonatologists.

Payment for downtime was made in the amount of 2/3 of the employee’s official salary.

The employee believed that in this situation the downtime was due to the fault of the employer, who did not take the necessary measures to staff the maternity hospital with neonatologists.

However, by a decision of the Balakhninsky City Court of the Nizhny Novgorod Region dated December 6, 2016, the employee’s claims against the hospital for the collection of arrears of wages, compensation for moral damage, and the obligation to make payments during downtime, based on the amount of average earnings, were denied.

Notification of downtime due to the fault of the employer, how much notice to give

The possibility of sending an employee on leave without pay at the initiative of the employer, although based on the employee’s application, but due to circumstances related to the activities of the employing company, is not provided for by labor legislation.

On June 27, 1996, the Ministry of Labor of the Russian Federation gave clarification No. 6 “On leaves without pay at the initiative of the employer,” in which it indicated that such leaves can only be provided at the request of employees for family reasons and other valid reasons. “Forced” leaves without pay at the initiative of the employer are not provided for by labor legislation.

Why is it necessary to notify the employment service about staff reduction?

But the situation with the employment service is special. The distinctive feature is that it is very important to do everything on time, and you should obtain proof of delivery of the notice. For this reason, the best way would be to send the employee to the Employment Center so that he gives one copy of the notice to the secretary, and on the other he receives not just a date, but also an incoming number, a signature on receipt of the Central Employment Notice.

People who have been laid off often have a rather difficult time coping with this fact and suffer from the need to look for a new job, therefore, for those who are laid off, notification of the Central Work Center is required not only to receive finance, but to quickly find a vacancy (sometimes, even after the first contact with the Center ).

26 Jun 2020 glavurist 354

Share this post

Simple sample act of acceptance of transfer of non-residential premises
Notice of layoff due to liquidation sample
How to obtain a certificate of good conduct in public services
Mortgage restructuring 2020 at Sberbank

Notification of downtime due to the fault of the employer to the employment center

There are situations when things at an enterprise are not going as well as we would like, and we have to temporarily suspend work. What should be done with the employees in this case? Declare simple! To ensure that the introduction of downtime does not result in legal disputes, it is necessary to prepare all documents correctly. Let's study what mistakes employers make in such situations.

It is no secret that the norms of the Labor Code of the Russian Federation on downtime are few. According to Art. 72.2 of the Labor Code of the Russian Federation, downtime is a temporary suspension of work for reasons of an economic, technological, technical or organizational nature. By virtue of Art. 22, 56 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with work stipulated by the employment contract. If this obligation is not fulfilled, the legislator imposes liability on the employer in the form of payment for downtime.

According to Art.

Notice of downtime due to the employer's fault for how long?

Whatever the reason for the downtime and no matter how long it lasts (half a day or six months), the employee is obliged to be present on site every day, at the hours established by the employment contract. And although the code does not directly say this, it does not include these hours during the period of legal rest (Art.

107 TK). In this situation, the conclusion should be drawn: what is not permitted is prohibited.

To be fair, it is worth saying that the employer can mention the obligation to be present at work in the order. There he has the right to both force him to stay in place and allow him to stay at home all this time. The fact that the order does not indicate the need to be present on the territory of the enterprise will not be a permission to miss work.

Notice of downtime due to the fault of the employer sample 2020

However, the employer did not declare or register the downtime, and did not keep any records of this time. As follows from the transport information provided by the employer, the excavator on which the worker worked was being repaired at that time.

Considering these claims of the employee, the court came to the following conclusions.

According to the norms of the labor legislation of the Russian Federation, the employer is obliged to provide employees with work stipulated by the employment contract, provide them with equipment, tools, and other means necessary for them to perform their labor duties, and pay employees.

In accordance with Part 1 and Part 4 of Article 157 of the Labor Code of the Russian Federation, downtime due to the fault of the employer is paid in the amount of at least 2/3 of the employee’s average salary.

We notify the employment service about the layoff of employees (sample)

It is clear that notification of the employment service about staff reduction must be made in writing. Current legislation does not contain a single approved form for such notification. Therefore, this form can be drawn up in any form, indicating the position, profession, specialty, qualification requirements for the employee’s position and the amount of salary (clause 2 of article 25 of the Federal Law of April 19, 1991 No. 1032-1, letter of Rostrud of September 26, 2020 No. TZ /5624-6-1).

All stipulated stages must be completed by the organization (Articles 179, 180 of the Labor Code of the Russian Federation). Any violation of the procedure for laying off workers or deviation from the standards established by labor legislation may lead to a labor dispute. Based on the results of the trial, laid-off workers can be reinstated by the court.

Notification of downtime due to employer's fault deadline

The amount depends on whose fault the work stopped:

if through the fault of the employer, the employee is paid two-thirds of his average salary. For the calculation, all payments that an employee receives are taken into account, including the tariff rate, bonuses, and allowances;
if no party is to blame for the suspension of work, the payment is 2/3 of the employee’s tariff rate or salary, without any allowances - such remuneration is lower than if the employer is at fault;
stoppages caused by the team are not subject to payment.

The issue of payment can be resolved by order to introduce downtime or by a separate order.

How to write a notification about the absence of vacancies during layoffs

In practice, no uniform notification format has been developed. This suggests that the company’s management has the opportunity to create a layout on their own that will be used in the situation under consideration. At the same time, you need to refer to the legislation when drawing up the document, take into account the rules regarding the business circulation of acts.

It states:

Information about the company. The data should be reflected in the upper corner on the right, and only the basic details should be entered. They should be taken from the constituent documentation.
The day the paper was issued.
The basis used to offer a vacancy. Here you should write down information about the order providing for the reduction process.
A list of available jobs for a specific date. This information must be reflected in a brief format, and it is necessary to describe information about the expected level of earnings.
Information of additional value. This block indicates the refusal or consent of a particular citizen to occupy a particular position.

The authority to sign the act belongs to the management of the company or the person who temporarily fills such a position. When the act is handed over to the citizen, he must express his opinion about the proposed vacancy. A signature and the day on which the decision was made are affixed.

The company is required to provide notice a couple of months before these adjustments are made. If at this time there are vacant positions in the company, they must be offered to the person at the same time. When spaces become available later than the notification was sent, they must be reported immediately. This obligation is fulfilled from the moment the notice is issued until the termination of the employment relationship.

If a situation arises when a citizen takes the initiative and asks the company’s management to terminate the agreement earlier than the scheduled date, then the company should not inform him about vacancies after dismissal. When implementing the process under consideration, the company is responsible for sending notifications about the availability of work places. Be sure to follow the written format. If the person agrees to the proposal, then an application for transfer is completed.

In general, the law requires workers to be notified at least two months before layoffs. This requirement must be strictly observed.

Another deadline, no less than three months in advance, is set for mass layoffs.

The nature of mass participation is determined by agreements by industry or territory.

These criteria have common features:

complete liquidation of an organization with a staff of 15 people or more;
reduction from 50 workers per month, from 200 in 2 months and from 500 in 3 months;
for small settlements (less than 5 thousand working citizens) – 1% of layoffs.

Other deadlines are also provided for seasonal workers - no less than a week in advance; for workers on a fixed-term (up to 2 months) labor contract - no less than three days.

Sample document

Regulatory acts do not establish in what special form a notice of staff reduction should be drawn up for the employee, for the trade union committee and for the labor center, therefore it can be issued in any form.

There are only a few requirements for this document:

Business name;
date of the document with registration number;
document title (notification);
content: for an employee – a list of available vacancies; for the trade union committee - a list of positions being eliminated; for CZN – a list of employees indicating positions, qualifications and salaries;
manager's signature;
a copy of the notice to the employee contains a note indicating that the employee has read it.

The staff reduction process is outlined step by step, which is necessary for the full implementation of all standards.

Step by step option:

availability of a solution to reduce staff to optimize the organization’s work;
creation of a special commission;

Sample minutes of a meeting of the reduction commissionPage 1 Sample minutes of a meeting of the reduction commission Page 2

development of a reduction plan, which is provided by the commission after a full inspection of all positions;

order to reduce these positions;

Sample order for job reduction

notification is sent to officials who occupy the specified jobs;
after the employee receives the document and his signature, the countdown begins for two months until the actual reduction;

Employees are sent offers of vacancies. Such places are first distributed among preferential categories, then among those with priority rights. After this, the offer is sent to the remaining categories of employees;
in case of refusals, relevant documents are drawn up, which must be fully and correctly executed, as they are the basis for further reduction;
a number of people are transferred to new positions, and some are laid off;
a new staffing table is created.

The new schedule should not contain vacant positions that were not offered to the employees being laid off if they are suitable for their duties and qualifications.

We invite you to familiarize yourself with the fact that I work in a hospital at 133 rates in my position. Since May 1, our minimum wage has not been increased, arguing

Any deviation from the rules of the process may entail consequences in the form of labor inspections and various types of liability in relation to the manager.

In case of any violations that are committed even by the commission when distributing vacancies, responsibility will be assigned to the manager, who subsequently issues an order for reduction or transfer to another position.

It is for this reason that the commission is controlled by the manager himself or a responsible person who knows all the norms and rules of a labor nature, as well as the sequence of transfers and proposals.

Order of proposal

The offer of vacancies is mandatory and regulated by Article 180 of the Labor Code. The position must correspond to the characteristics of the employee, as well as his qualifications.

Along with the notice of reduction, positions of a new type must be immediately offered. It is worth considering that the workplace must be provided within the same territorial limits, that is, you cannot send an employee to another city. Half-time positions are also available.

After notifying an employee of the planned reduction of his position, he will need to be offered a new job. This is done strictly in writing. If the employee agrees, then the transfer is carried out; if not, then the employee will have to be laid off within the established time frame.

Sample notice of job reduction

Among the most common mistakes made by managers is the verbal execution of agreements. All aspects must be made in writing, including the employee’s consent or refusal.

According to the regulations, each decision is made in writing and included in the required package of documents.

If this is not done, then the already laid off employee will be able to appeal the reduction, since it was not carried out according to the established rules.

The whole process in a standard plan looks like this:

decision to make redundancies;
employee notification;
offer of positions;
written documentation of all decisions;
translation or abbreviation.

This option applies to any staff reduction. Among the nuances are only the priority of categories of employees, as well as the criteria for vacancies.

It is not legally determined when an offer must occur, but most often it occurs immediately after notification or when a new schedule is drawn up.

Criteria

The vacancy must meet certain criteria. List of features of the proposed positions:

vacant or temporarily occupied. Additional employment relationships are terminated upon the consent of any person to take the position. Often, temporary positions include part-time ones;
the workplace is located in the same place as the previous one;
the employee is fit for health reasons;
the employee's qualifications are suitable and confirmed by a certificate or diploma. The very concept of qualification is established in Article 195.1, that is, the employee must have all the required skills and experience.

All positions are provided to those being laid off, even with a reduction in pay and rank. If there are several employees with the same qualifications and without preferential rights, then the position is offered to everyone at once.

In fact, the procedure for offering employees looks like this:

a decree on positions being eliminated is introduced;
if they have the consent of the preferential categories, they are provided with other jobs;
Next comes the distribution of places between employees with preferential rights;
Next come all other employees, depending on qualifications and work experience.

Here, the employer must immediately establish the correct procedure that will not violate the rights of any category and each individual individual. Only a correctly carried out procedure is considered legal and is not subject to appeal.

During the staffing reduction procedure, a new schedule is being drawn up, which will provide positions to all preferential categories, as well as the possibility of transferring persons with preferential rights. The procedure itself is standard. An important point is the documentation of each process. The distribution of vacancies is in accordance with the priority of employees in labor law.

Offer of positions and vacancies in case of staff reduction Link to main publication

Staff reductions can occur for various reasons. This phenomenon is not uncommon for enterprises.

Those managers who are faced with a reduction in staff or headcount for the first time do not know how to legally carry out this procedure.

An important point is to notify employees and offer them a transfer to another position. It is important for the employer to understand how vacancies are provided when staffing is reduced.

By law, the head of an enterprise is obliged to notify his employees of the severance of employment relations with them in advance. According to Article No. 180 of the Russian Labor Code, the employer must offer the employee another place in the organization. This is done simultaneously with the notification of the reduction.

By law, management must notify its employees two months before the start of the dismissal procedure. If the reduction is massive, then the notice is issued three months before the date of actual termination of the employment relationship.

Notification of the employment center about downtime due to the fault of the employer

Labor Code of the Russian Federation

Any aspects of labor relations are reflected in a special legal document called the Labor Code of the Russian Federation. Forced downtime due to the fault of the employer is described in detail in Article 72.2 of the Labor Code of the Russian Federation; Article 157 specifies the minimum wage for an employee during a temporary suspension of the enterprise’s activities. In case of forced downtime of the enterprise due to the fault of the employer, the employee is paid at least 2/3 of his average salary for the period of absence from work and the employer does not provide alternative opportunities to continue working in accordance with the employment contract.

During the period of suspension of the enterprise's activities, employees lose 1/3 of their earnings, but if management takes dishonest methods of financial relations with employees, they may lose their earnings in full.

Refusal to hire

30 November 2020 102552 All citizens of the Russian Federation have the same rights to the workplace, therefore, refusal to hire must have a legal justification. In our article we will tell you which refusal to hire will be considered illegal, and which is a justified, motivated refusal. According to the norms of the Labor Code of the Russian Federation and the Constitution of the Russian Federation, each person has the right to choose his own work activity in accordance with his desires and abilities, choose a place of work, and when employed, count on equal rights when concluding an employment contract with the employer, regardless of religion, his status or position. Article 64 of the Labor Code of the Russian Federation establishes a ban on an employer’s unreasonable refusal to hire a new employee.

Taking on

What does the employer face with the new obligation to provide a written refusal to the applicant within seven days?

Important August 21, 2020

13:57 Author: Anastasia Rudenko Magazine No. 27/2015 Written refusal to an applicant: how to avoid litigation. Every time a large company places an advertisement on its website for recruiting employees in any field, hundreds of letters are sent to employers’ emails, often very different in content, especially if the company is large and well-known. Quite often, potential employees do not have the necessary qualities and skills to work in the proposed position.

The circle of suitable candidates becomes smaller, and after the first tests only a few applicants remain, among whom the best one is chosen.

Previously, you could simply choose a suitable candidate and make a deal. But due to recent changes in legislation, the usual procedure for hiring an employee may become significantly more difficult... In July, in Trudovaya

Sample notification of downtime due to independent reasons sample

The amount of payments and the fact of their implementation highly depend on the circumstances: Through the fault of the employer RP 31 Through the fault of the employee VP 33 For independent reasons NP 32 Circumstances that led to the onset of downtime. Payment method. The break in work began due to the shortsightedness of the employer (economic, organizational, etc.) 2/3 of the average salary. The failure occurred due to force majeure circumstances (accident, any form of natural disaster, consequences of sabotage actions of third parties) 2/3 of the “bare” salary Work stopped due to the guilty actions of the employee Not paid at all.

The first two points, upon quick examination, are very similar, but not at all the same. For those who receive a salary consisting solely of the tariff rate, it really does not matter whose fault the problem arose.