Idle at the enterprise

Labor Law
19.08.2022
Law Services - Idle at the enterprise

Downtime at the enterprise during martial law: how was it issued?
One of the ways to “save” an enterprise during martial law is the introduction of downtime, i.e. suspension of work.
Downtime according to the Labor Code is defined as the suspension of work caused by the lack of organizational or technical conditions necessary for the performance of work, force majeure or other circumstances. An exhaustive list of the reasons for the implementation of a layoff is not defined by legislation, but there is a consequence in the form of work stoppage.
The procedure for registration of downtime is also not regulated by legislation, there is only the letter of the Ministry of Labor and Social Policy of Ukraine dated October 23, 2007 No. 257/06/187-07 “Regarding the organization of work during downtime at the enterprise”, which contains recommended norms.
Therefore, to introduce idle time, it is necessary:
1) to issue an order declaring a layoff, which specifies the period, the circumstances of the beginning and end, the list of employees to whom it applies, the amount of wages, the person responsible for bringing to the notice of the specified order;
2) draw up an act of downtime, which records the reasons that led to the suspension of the enterprise’s work.
If the layoff will have a 24-hour nature, it should be noted in the order, as well as the need for the presence of employees.
Payment of labor during downtime due to no fault of the employee belongs to the minimum state guarantees in payment of labor (Article 12 of the Law of Ukraine “On Labor Payment”) and must be at least two-thirds of the tariff rate of the employee’s grade (salary).
The calculation of personal income tax, military duty and single contribution is carried out on a general basis, and the ESR must not be lower than the minimum insurance contribution.