Downtime leave - legal or not? Here's what you need to know to protect yourself

What is idle time and how does it affect salary

Simple - temporary suspensionLabor Code of the Russian Federation Article 72.2. Temporary transfer to another job work for economic, technological, technical or organizational reasons. It can be introduced through the fault of an employee or employer, as well as due to external circumstances.

If the downtime was caused by the employee’s action (for example, he broke the equipment and now cannot work), then during this period he gets nothingLabor Code of the Russian Federation Article 157. Downtime payment. When the employer is to blame, employees are charged 2/3 of the average salary. If the work got up due to external circumstances, then the payments are 2/3 of the salary.

Is it possible to go on vacation during downtime

If planned rest fell for a period of downtime, there are no obstacles for him. A person may well take a break from work on scheduleLabor Code of the Russian Federation Article 123. Order of granting annual paid holidays

, which is usually approved at the end of the year. There are also categories of employees who can go on vacation not according to the schedule, but when they want. For example, this parents with many childrenLabor Code of the Russian Federation Article 262.2. The order of granting annual paid leave to employees with three or more children or those who work at the same timeLabor Code of the Russian Federation Article 286. Vacation while working part-time. For them, respectively, there are no obstacles either.

Finally, you can always try to negotiate with the employer and change the dates by mutual agreement. By the way, downtime does not affect the amount of vacation pay. When calculating them, only payments for the days when you fully worked should be taken into account.

Can an employer send you on vacation if there is no work

First, it is important to find out what kind of vacation is meant. If we are talking about a planned paid vacation, then the vacation schedule comes into play again. It is mandatory for both the employee and the employer. Simple is not included in the list reasons for transferLabor Code of the Russian Federation Article 124. Extension or postponement of annual paid leave recreation. If the employee does not belong to the category of citizens who can go on vacation when it suits them, they will have to follow the schedule.

But to send on an unscheduled vacation, and even more so in vacation at your own expense the employer can only with the consent of the employee. So it's up to you whether you go into it or not.

What to do if management presses and demands to go on vacation

You can argue as much as you like that the leader does not have the right to disperse everyone on vacation by force. But in reality, there are different ways to get the consent of employees: pressure, threats, blackmail, and so on. In this case, it is worth complaining to the labor inspectorate - this can be done online. If you are under pressure, collect evidence: record audio, save messages. Team up with colleagues to make the complaint collective.

Such actions of management violate labor laws, for this punishCode of Administrative Offenses of the Russian Federation Article 5.27. Violation of labor legislation and other normative legal acts containing labor law norms. And you do not have to “get into position” and remain without income.