During the activities of a manufacturing enterprise, a situation is possible where it is necessary to suspend work. This happens, for example, if you need to reduce staff costs. However, the forced downtime of the enterprise must be justified before the labor inspection. In addition, the current situation must be explained to the employees themselves. The current legislation does not have a clear procedure for the execution of forced downtime. We will consider further how to avoid problems and correctly substantiate the situation. 
General information
Labor legislation is defined as simple as a temporary cessation of the enterprise. The reasons for this need may be organizational, technical or economic in nature. Forced downtime can affect both one employee and a group of employees or the whole organization. The termination of work may be authorized by one, several or all employees or the employer. Forced downtime can also occur for reasons that are independent of either staff or manager.
Important point
In the event that a downtime is provoked by a breakdown of equipment or other similar reasons, due to which further activity is impossible, the employee is obliged to notify the employer about this. Due to the fact that there is no established form of this notification in the legislation, this can be done both orally and in writing. The employee’s obligation is recognized as fulfilled when he notified his immediate supervisor about the downtime. Failure to comply with this obligation is considered a disciplinary offense and entails liability. If, due to the fact that the employee did not notify the manager of what happened, the latter suffered property damage, the employee may also be held liable. 
Forced simple: how is the termination paid?
This moment is adjustable Art. 157 TC. In order to correctly document the situation, it is necessary to know the reasons why a forced downtime has occurred. Payment is not provided if the employee is responsible for the termination of business. If the situation is authorized by the employer, then a certain calculation is carried out. In this case, payment is made in the amount of at least 2/3 of the average employee salary. According to Art. 22 TC, the employer has the obligation to provide employees with labor activities in accordance with the terms of the contract, as well as to provide them with technical documents, tools, equipment and other means that they need to complete their tasks. Failure to comply with these requirements causes a forced downtime due to the fault of the employer. The suspension of activity, as was said above, can be triggered by reasons independent of either the employer or employees. In this case, the forced downtime is compensated in the amount of at least 2/3 of the salary, the tariff rate, which is calculated in proportion to the duration of inactivity in the organization. 
Examples
1. Calculation of compensation for forced downtime authorized by the employer.
The employee did not fulfill his professional duties on January 13 and 14 due to breakdown and untimely repair of the machine. Salary of the worker - 20 thousand rubles. Also, from January 1 to December 31, 2008 he was paid a bonus on an annual total of 40 thousand, and monthly bonuses in the amount of 36 thousand rubles. The employee also received an extra charge for overtime - 16,000 p. AT billing period full days worked 250.Compensation for forced downtime is calculated as follows.
20,000 x 12 months + 36 thousand + 40 thousand + 16 thousand = 332,000 p.
332 000/250 = 1328 p. - average earnings.
Compensation for the downtime: 1328 x 2 x 2/3 = 1770.67 p.
2. Calculation of remuneration for the suspension of activities due to reasons that are not dependent on the employer or employee.
In this case, premiums will not be taken into account.
20,000 x 2/3 = 13 333.34 p.
In January, only 16 working days, 2 of which were non-working due to downtime. Compensation is considered so.
13 333.34 / 16 days x 2 days = 1666.65 p. 
Documentary rationale
Regardless of the reasons why the downtime happened, it should be issued. According to Art. 91 TC, the employer must take into account the period during which each employee performed his professional activities. To record this data, unified forms N T-13 and N T-12 were approved. They are applied jur. persons of any legal form and type of ownership, with the exception of budget organizations. Depending on the circumstances, the lines of the form indicate a digital or letter code:
- “32” or “NP” are reasons independent of the employer and employee.
- "33" or "VP" - through the fault of the worker.
- "31" or "RP" - if the termination of activity is authorized by the employer.
Executive order
The legislation, however, does not establish either a document or a unified form by which forced downtime would be introduced or terminated. In connection with these are the leaders most often they draw up an order in an arbitrary form, indicating in it in detail all the information about the reasons for the cessation of activity. The situation may arise, among other things, due to a decrease in the volume or lack of the required number of orders, lack of supplies of materials and raw materials, late payments from customers, delays in financing, and so on. A detailed description of the circumstances in the order indicates that the tenant in this case is innocent. This means that compensation to employees will be carried out at the rate most favorable to the manager. In addition to indicating the reasons, the order determines the start and end times of downtime. With the first moment, everything is more or less clear. The final downtime is necessary for the calculation of salaries to employees. If the activity was not resumed by the indicated date, then by a separate order this period can be extended, as well as vice versa. In addition, the document must indicate who exactly the simple concerns: individual employees, a group of employees, or the entire enterprise. 
Is the presence of an employee in the organization necessary during the period of suspension of activity?
The legislation does not limit the duration of downtime. It can last a day, a month or more. In the Labor Code and other acts relating to labor activity, there are no direct indications that the employee should be present at his place during the downtime. However, in Art. 91 TC appearance and presence are the direct duties of the employee. Working time is the period during which the employee must carry out his professional activities. The manager may allow employees not to be present in the organization until its activities are terminated. Such a decision should be reflected in the downtime order. With this document the staff gets acquainted with the signature. Downtime during which employees may not be present at work is called forced leave. Despite the fact that they are not explicitly provided for in the legislation, the provision of such “days off” does not contradict the norms if they are compensated according to the established procedure. 
TK violations
Due to the fact that the downtime incurs certain losses to the enterprise, since the organization does not carry out activities, and compensation is accrued to employees, some managers send employees to forced leave without maintenance. This is a violation of the rules of the TC. Employees have the right to appeal such decisions to the labor inspectorate.If employees contact the authorized authority and their applications are satisfied, then the organization will have to pay this time. In addition, the labor inspectorate for violating the requirements of the Code may bring the company to administrative responsibility. The organization will be fined as a measure of coercion. It can be from thirty to fifty thousand rubles.
