“If the organization is focused on saving jobs, this option will be under the rules of applicable labour law. – believes the General Director of open company “the Expert-legal center “Paragraph” Yury Built. This work can and should be considered as a temporary anti-crisis measure what workers should be acquainted under a list”.
for employers, as explained by lawyers in such a situation the selection of possible behaviours is small. The most favorable option is remote work. With preservation of the normal scope of duties and salaries. But it is possible not for all specialties.
Plants continue to operate and pay wages
it is Theoretically possible to arrange downtime with the payment of not less than 2/3 of the salary or the tariff rate, but this option is in conflict with the presidential decree, require to maintain salary at the previous level.
there are Still holidays – paid annual or at his own expense. If the employee is ready to write an application, it can be the most successful compromise solution. But to force it can be done, for “forced to leave” fines imposed on Directors in the amount of from 1 to 5 thousand rubles, and the company, from 30 to 50 thousand rubles. Repeated violations are punished even tougher. And the penalty will be issued for each sent against his will to a vacation of the employee, so that the total amount is coming up very solid.
And another, an extreme option – dismissal. On their own, by agreement of the parties, to reduce staff, the closure of the facility. However, the entrepreneurs hope for the resumption of business and teams are trying to preserve. Therefore, as an alternative to the dismissal of the employees offer to accept a partial reductiontion of employment and income. It can only be the General solution of management and each employee, warns the head of Antimonopoly regulation of state orders a legal company.t.legal the Love of God.
Fes explained the rules of calculation of salaries in non-business days
“Article 74 of the Labor code allows the employer to translate employees on shorter hours, but only in strictly defined cases, and the current situation is not the norm can be applied, explains the Love of God. – In addition to all mandatory studies and notification of state agencies, employees must be notified about them in writing and against signature two months prior to the proposed changes. In early February, few could have predicted that the situation will develop in such a way as now.”
In the end it has become vital to reducing working time or the duration of the working week. Its application, from the point of view of the law, demanded the signing of additional agreements to labour contracts. The salary is reduced proportionally to the change in working time. Forced to sign this additional agreement no one shall be as fire for refusing such a proposal.
“When there is a risk that the organization depending on customer flow and daily revenue will simply be closed, many employees agree to such measures to save jobs, says a mediator in labor disputes Yulia Holodnova. Is legitimate but each case is individual and requires detailed consideration, especially on the subject of abuse.”