Salary from production: how can cuts affect wages?

In case of interruption, employers can transfer employees to a remote form of work, as well as introduce a new form of work and suspend an employment contract.

Emergency, emergency or compensatory power outages significantly complicate the business of companies and entrepreneurs. How to maintain business relationships in conditions of limited electricity supply and should the employer pay an employee who is unable to perform his duties due to a power outage?

As Valeria Gudiy, consultant to Ilyashev & Partners Law Firm, points out, Legal norms should always be taken into account in business relations.

“It is the employer who must regulate the working conditions in which the employee can perform his duties. The employee must also work efficiently, but he has the right to refuse the given job if a production situation develops that is dangerous for his life, health or people around him “, – said Valeria Gudiy.

According to that, to ensure the smooth running of the company, the employer can choose different options for regulating the working conditions due to the lack of electricity:

  • promote remote work;
  • moving workers to another workplace equipped with the necessary tools;
  • changing the way of working, starting a part-time business;
  • suspending employment contracts;
  • Edit simple.

Each of the options has its own nuances, including fees.

“The employer has the right to initiate remote work. If the employee himself provides the necessary equipment, the employer will agree with him the terms of payment of compensation and the procedure for reimbursement of other expenses related to the performance of remote work. If reimbursement of the employee’s expenses is not foreseen for the introduction of remote control, the employer must provide the employees with the necessary equipment,” explained the lawyer.

He emphasized:Salary is a constitutional guarantee and martial law is no exception. That is, the employer must take all possible measures to realize the right of employees to receive their wages on time.

“In the case of remote work, the employer must pay wages according to the terms established by the employment contract and cover the additional costs of organizing the installation of the necessary equipment for the employee (including the cost of compensating for power supplies or the employee’s use of the equipment owned or rented),” says Valeria Goody .

The lawyer also noted that the employer may change the working hours of the employees depending on the schedules of the power cuts.

For part-time work or part-time work week, wages are made in proportion to the time worked or depending on output,” said Valeria Gudiy.

According to him, the employer can also use the suspension of the employment contract. In this case an order is given to suspend the contract that the employee recognizes. During the suspension of the employment contract, the employee does not receive any wages from the employer.

Details on how the organization of working conditions has changed due to regular emergency and stabilization shutdowns are in the author’s column by Valeria Gudiy. Focus.

Previously Focus He wrote that according to the results of this year, the real salary of Ukrainians will be reduced by a quarter, that is, by 26.9%.

Source: Focus

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