Due to the fault of the employer, there is no work. Forced downtime due to the fault of the employer: how to apply

Work processes are not always constantly stable and the reason for this is not always crisis phenomena. The lack of workload can also happen because the enterprise has not begun the modernization of production (when it is necessary to mount new equipment, for example) or other technological and technical changes. beneficial, first of all, to the enterprise itself.

From the article you will learn:

what is forced downtime due to the fault of the employer according to the Labor Code of the Russian Federation;
how to issue a downtime due to the fault of the employee;
what are the consequences and actions of a forced downtime for independent reasons.

We will find the definition of idle time in the Labor Code of the Russian Federation in article 72.2. This is a temporary suspension of work for various reasons. Several reasons have been named, and they can arise both through the fault of the employee and through the fault of the employer. And downtime also happens through no fault of the employee and employer, i.e. for reasons beyond the control of the parties.

Forced Downtime

As examples of reasons why a , you can give the following:

equipment breakdown,
modernization of the production line,
reorganization of the entire enterprise,
lack of raw materials for production,
interruptions in the power supply of the organization,
revocation of a license to operate,
issuance of administrative acts prohibiting or suspending the work of the organization and even weather conditions.

And such circumstances can occur both through the fault of the employer and the fault of the employee. Or the fault of the parties to the employment contract will not be at all.

A downtime should not be confused with a flaw. If an employee does not stop working, and does not work out the normal length of the working day or shift, then we are talking about a flaw. This difference is very important for understanding both the employee and the employer, because it is on this difference that the . So, according to Art. 155 of the Labor Code of the Russian Federation in case of non-fulfillment of labor standards, non-fulfillment of labor duties precisely through the fault of the employer, remuneration is made in the amount not lower than the average wage of the employee, calculated in proportion to the time actually worked.

And here a lot of litigation arises, where employees are trying to convince the court that there is a defect due to the fault of the employer in order to receive the average wage in full. At the same time, payment costs the enterprise less than a statement of the fact of shortcomings. This will be discussed further.

Forced downtime due to the fault of the employer under the Labor Code of the Russian Federation

Labor relations are very diverse, and there are situations when it is unambiguously and indisputably the fault of the employer in the suspension of work. But it also happens that the accusations against the employer, who failed to provide work for his employees, are quite controversial.

Question from practice

How to pay for downtime caused by the fault of the organization?

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and Personnel Policy in Health Care of the Ministry of Health of Russia

Downtime due to the fault of the organization is paid on the basis of the time sheet. The amount of payment for this downtime due to the fault of the organization cannot be less than 2/3 of the average salary of an employee ( ).

If the organization uses unified forms of documents, then in the time sheet in the form or next to the name of the idle employee, indicate:

in the first line, alphabetic or numeric idle codes:
through the fault of the organization "RP" or "31";
for reasons beyond the control of the organization and the employee, "NP" or "32";
through the fault of an employee of "VP" or "33";
in the second line, the number of hours and days of downtime.

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The Labor Code calls the economic situation one of the reasons for the objective difficulties. Here the line is quite thin. Courts, for example, often interpret the impossibility of work due to the lack of orders as a risk of entrepreneurial activity, which clearly falls on the shoulders of the employer. Those. it is the procedure for conducting commercial activities that leads to the impossibility of work due to economic reasons.

Business risks also include:

bankruptcy of counterparties;
-debtors;
exchange rate changes, etc.

In these cases, court decisions interpret such situations as downtime due to the fault of the employer, and not for reasons beyond the control of the parties.

Meet , where employees dispute downtime at the enterprise due to the fault of the employer, introduced in relation to laid-off workers. Those. the employer notifies the employee of the upcoming reduction and at the same time issues a downtime order. The courts take the side of the employees and motivate their decisions by the fact that in this case one of the main features is missing - temporality.

In other words, the employer was unable to prove that he had intentions to re-employ workers, that this situation is temporary. Thus, downtime due to the fault of the employer cannot be unlimited, endless. This is always a strictly defined period of time.

But according to the Appellate ruling of the Moscow City Court dated July 2, 2013 in case No. 11-20513 / 2013, the downtime on the eve of the liquidation of the enterprise was found to be justified. Thus, the line when employee downtime occurs due to the fault of the employer, and not for other reasons, is unsteady.

This tool can be used by the employer and, as a fight against objectionable employees, to force them to write a statement about , remove an objectionable employee, etc. The risk for the enterprise is that the employee will go to court with one of the requirements to recognize the order as illegal and not 2/3 of the average earnings will be recovered in favor of him, but the average earnings in full. And, as we see, the courts approach the study of evidence on this topic very scrupulously.

Simple due to the fault of the employer - how to apply

The will of the employer alone is not enough here. This is evidenced by the court decisions taken in favor of the workers. The organization must have documents substantiating its reasons. These can be memos, reports, acts fixing the facts of lack of work, accounting and other financial sources.

Documentation is further complicated by the fact that the law does not have a clear procedure for how to draw up a downtime due to the fault of the employer. Therefore, here the employer will have to act in accordance with the customs of turnover and on the basis of the conclusions drawn from the analysis of judicial practice.

In any case, the first step is to . The order must show:

specific dates for the introduction of downtime and its end. The end date may not be only in the case when it is difficult for the employer to determine the circumstances with which the temporary suspension of work is associated;
downtime reason and an indication of the fault of the employer;
names of employees with an indication of their positions and structural units, in respect of which this regime is introduced;
link to the norm of the Labor Code of the Russian Federation describing how it is made ;
indication of the need for the presence of employees for whom this regime has been introduced, at workplaces. It should be remembered here that if this circumstance is not specified in the order, then by default, employees must be present at their workplaces. This follows from the interpretation of the Labor Code that downtime is not included in the period of rest time, although employees are not loaded with work at this time. Therefore, if the absence of employees at work is more profitable for the employer, then this possibility should be directly indicated in the order.

As with any other orders regarding employees, they must familiarize themselves with the downtime order by affixing a signature. There is no unified order form.

second step there will be a notification of the employment service about the introduction of downtime. But this is not necessary in all cases, but only when the entire enterprise is suspended. The applicable law in this case is par. 2 p. 2 art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation".

The notice of termination of the enterprise's activity must be sent within three working days from the moment when the decision was made. The form of the message is not approved, respectively, you can report this fact in a free form.

third step is a reflection of the fact of downtime in . For such cases, there is a special letter and number designation - simple due to the fault of the employer, according to the Labor Code of the Russian Federation, it is necessary to fix it in the report card, since this period is included in working hours.

Please note that there is judicial practice where “not reflecting” downtime in the time sheet even entails the illegality of its introduction ( Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated February 3, 2014 in case No. 33-321/2014 ).

Idle time due to the fault of the employer: how is it paid

Art. 157 of the Labor Code of the Russian Federation answers this question - at least two thirds worker. The easiest way to do this is with the formula:

Average daily earnings x 2/3 x number of days without work

Average earnings are calculated not just by calculating the arithmetic average, but in compliance with the labor law - Art. 139 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the peculiarities of the procedure for calculating the average wage".

The minimum amount calculated according to the formula is paid for downtime due to the fault of the employer, 2017 did not make any changes to these rules.

It should be noted that the internal acts of the enterprise, including , a different amount of downtime payment may be established, certainly higher than that established by law, since it is forbidden to worsen the position of an employee in comparison with the norms of the Labor Code of the Russian Federation.

Reference and legal systems provide quite a variety of examples of calculations, including how to pay for downtime due to the fault of the employer, if the employee did not work for only a few hours.

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Failure by an employee to perform their job duties usually implies penalties from the employer. After all, who does not work, he may not count on remuneration. But there are times when an employee simply cannot do the job, and this happened because of the employer. The conditions for such a break vary, but in all such situations, the employee is entitled to compensation.

Peculiarities. In what cases can it occur

Forced downtime is a certain period of time during which the employee cannot fulfill his duties prescribed in the employment contract. The problems that led to this situation may vary, as well as their culprits.

Exists several reasons for such pauses in work:

Economic kind. For example, the firm has no orders. And although this reason can be attributed to the economic situation in the country and considered external, judges, as a rule, consider it as a direct fault of the entrepreneur. After all, the manager is obliged to correctly calculate financial risks. Therefore, if there are any circumstances that justify the employer, he will be obliged to prove this in court - which, however, does not relieve him of the need to compensate employees for wasted time.
of a technical nature. Here the range of potential culprits is much wider. If the manager deliberately delays the process of completing the task, the fault for the pause lies with him. If an employee breaks the only equipment suitable for the job until a new one is purchased and delivered / installed, he is responsible for the pause in work. External reasons can also play a role: for example, the materials necessary for repairs did not arrive. Outside deliveries depend on the logistics of another company, so a third party is responsible for downtime.
organizational nature. A good example is strikes. People who did not join the rally are still unable to do their job. The legality of the protests plays a big role: if everything is legitimate, the manager is to blame. If not, no one. It also depends on the amount of compensation and whether it needs to be paid at all.

Without a trial, all the nuances of downtime often cannot be resolved. Indeed, in the Labor Code of the Russian Federation there is no clear list of situations that can be unambiguously classified as simple due to someone else's fault. The proceedings must establish the nature of the break in work and whether one of the parties to the employment contract is responsible for it. This directly affects the payment for a pause in work.

You should also not confuse simple and flawed. At the first employee does not work at all. With a defect, a person does not “fit” into the schedule of the required number of shifts, but he fulfills his duties.

How to make a simple one: step by step instructions

To get started, you need to clearly determine the reasons for the pause in work and in the future, all documents are drawn up based on their justification. In this case, the documentation of the institution will greatly help, with the help of which the fact of the suspension of activities will be obvious. For example, the accounting department is obliged to record a change in income, a shortage of certain materials for work. The employer must collect and carefully study all invoices, memos and other similar acts.

In the Labor Code of the Russian Federation, the process of registering a break in work is not prescribed, therefore, further steps are described based on numerous litigations.

Step one. We write in a formal business format downtime order. There is no clear form, so the text of the order is drawn up by each manager personally. What should be included in the document:

specific date and exact time of the beginning of the break in work;
it is also desirable to determine the date of its end, although the employer does not always have this information - for example, if there is a need to clarify the circumstances of a pause in work. Then a phrase is introduced into the contract that the break will end when the event N occurs;
for what reason there was a downtime and who is responsible for it;
depending on the nature of downtime, it can be introduced either for one / several departments of the enterprise, or for the entire organization. In both cases, the employer is obliged to list by name each employee who will be affected by a break in work, indicating their positions. Also separately write down the names of departments (workshops, offices, etc.) that will be idle;
reference or quote from Article 157 of the Labor Code of the Russian Federation, in the part that describes the payment procedure for a specific downtime culprit;
if the manager decides that his employees may not be present at the workplace during a pause in the performance of duties, this must necessarily be reflected in the order. If this clause is not present, employees cannot leave their places or not come to work.

This rule is due to the fact that a pause in work is not equivalent to rest. That is, although the worker has nothing to do, he still has to visit the place of work, unless the manager seems to have a better deal.

All employees affected by this situation are required to put their signature on the order, thereby confirming that they have read the document.

Step two. It should only be done if the employer completely freezes the activity of the enterprise. In this case, you need to notify the employment service. After the start of the pause in work, the manager has three working days to write this notice and send it to the desired address. There is also no clearly defined form of the document.

Step three. Filling out the time sheet. The time in the timesheet is calculated to the nearest minute. Depending on the reason for the downtime, you need to specify a special code.

Examples of documents for registration

A downtime order can be issued as follows:

An example of an explanatory note for downtime due to the fault of the employee:

How is forced downtime paid?

Maximum payment amounts are not limited, the employer has the right to set them at his own will. The law only sets out the minimum requirements for compensation., payment below this bar will be illegal.

Downtime due to the fault of the employee is not subject to compensation. In such cases, we are most likely talking about disciplinary offenses, so the entrepreneur can additionally punish the employee for a pause in work - for example, reprimand him with entry in a personal file, or deprive him of the bonus.

Idle time due to the fault of the employer at least two-thirds of the employee's average salary is paid.

Downtime for other reasons that come from outside and are not dependent on the parties to the employment contract is paid in the amount of 2/3 of the tariff rate or salary of the employee, calculated in proportion to the time of the break in work.

What should an employee do during this time?

If the employer did not send the employee home, he the right to offer the employee to temporarily perform other job duties. This requires the written consent of the employee, as well as the proper execution of his temporary transfer, fixed by a special act.

In this case, for the work done the employee must be paid the full amount of wages, received by people who perform the same duties in the organization.

Transfer to a less qualified job (respectively, with a lower wage) is prohibited.

Sometimes workers may also carry out their previous work duties in another area. In this case, the employer does two things: draws up an act on the movement of the employee and stops the downtime in relation to him. This method is only appropriate if the person’s labor duties do not change at the new work site.

If a the employee does not agree to the transfer, he has the right to still visit the workplace and do nothing there.

Among entrepreneurs, there the practice of sending subordinates on business trips during their downtime. This is not prohibited by law, but then you need to pay not for a pause in work, but for a business trip.

Particularly bored employees can clean up the office, but this is an exclusively personal impulse of their soul, so they are not entitled to demand for such payment. Office cleaning is the job of a cleaning lady who is paid to do it. The employer cannot force the workers to clean up, "since they are not busy anyway."

In general, every employee should be aware that during legal downtime, he has every right not to work and not agree to temporary transfers to other positions. Everyone decides for himself how to diversify his activities in the workplace when there is no direct work. The main thing is not to interfere with other employees to perform their duties.

The video contains additional information about downsizing, registration of company downtime.

Suspension of the production process for reasons beyond the control of the employee is the mistake of the head of the enterprise. This measure is forced and may entail various inconveniences, but it is taken in order to save jobs, and when the factors that caused it are eliminated, it allows you to completely restore the process of the enterprise.

Regulation under the Labor Code of the Russian Federation

When such a non-standard situation occurs, the employee needs to know his rights and defend them if necessary. The rights and obligations of the manager during downtime are described in detail in the Labor Code of the Russian Federation.

Any aspects of labor relations are reflected in a special legal document called the Labor Code of the Russian Federation. Forced downtime due to the fault of the employer is described in detail in article 72.2 of the Labor Code of the Russian Federation, article 157 indicates the minimum wage for an employee during a temporary suspension of the enterprise. In case of forced downtime of the enterprise due to the fault
employer, the employee is paid at least 2/3 of his average salary for the period of absence of work and the employer does not provide alternative opportunities to continue working in accordance with the employment contract.

This compensation is paid for the entire period of downtime. When paying compensation, the average salary, which is calculated from the salary of the employee, is taken into account. In this case, the monthly salary is divided by the number of hours that he is required to work during this period, and multiplied by the number of hours of forced downtime. If the forced suspension of work duties has formed
due to the fault of the employee, such compensation is not paid.

What could cause this to happen?

There are several reasons that can cause a downtime:

Technological or technical reason

Most often, it is caused by the introduction of new equipment into production, which will require additional training and advanced training from personnel. Sometimes, suspension can occur on
due to the failure of critical components and mechanisms, or other equipment, which will entail the impossibility of the personnel to perform their duties until the equipment is fully restored.

For the technological factors of suspension of activities, the responsibility lies entirely with the employer, and during the onset of such a situation, monetary compensation is paid in the manner prescribed by law.

Organizational

Occurs when management decides to change the organization of the production process.

Economic

A common reason for downtime is caused by the financial distress of the enterprise. Very often, the direct fault of the employer in this type of suspension of production is not observed. Financial crises and sharp fluctuations in demand for a particular product can be the cause of this situation. Downtime of the enterprise may be caused by non-compliance by counterparties with their obligations.

Even if the forced suspension of the company's activities is caused by external factors, the responsibility, in any case, lies with the head of the enterprise. The concept of entrepreneurial activity implies doing business at one's own risk, therefore compensation of workers must be carried out in full in this type of suspension of the activity of the enterprise.

Forced downtime due to the fault of the employer - the process of registration

In the event that an employee cannot perform his duties for reasons beyond his control, he is obliged to immediately notify his management. The authorities can be notified in writing or communicated orally. Regardless of the form of notification, you must report the exact time since the suspension of the workflow.

After the employer is informed of the forced downtime, he needs to issue an order in which the following points will be displayed:

date of commencement of the suspension of work;
positions and full names of employees whose professional activities have been suspended;
indicate the amount of wages for the period of downtime;
indicate the person responsible for the forced downtime.

After issuing the order, the employer is obliged to familiarize each employee of the enterprise with this document.

Obligations of the employer in case of forced downtime

When the company is idle due to the fault of the employer, he has the following responsibilities:
the employer must acknowledge the fact of downtime, and issue an order in accordance with all the rules of the Labor Code of the Russian Federation;
the management of the enterprise must take all possible measures to stop the downtime.
the employer is obliged to provide an opportunity for employees of the enterprise to perform their labor duties. If this is not possible, then management must pay monetary compensation to employees, in accordance with the Labor Code of the Russian Federation.

If the listed norms are not fully implemented by the management, the employee has the right to go to court to compensate for wages during the downtime of the company.

The nuances of payment - what and to whom?

In the event of downtime due to the fault of the employer, employees are paid compensation for the entire period of absence of work, in the amount of at least 2/3 of the average salary of the employee. During downtime, the employee must be at work, otherwise compensation will not be paid to him.

What to do if the employer does not pay the downtime period?

In case of non-payment of compensation by the employer, the employee may apply to the court to recover the compensation due to him by law. On the part of the management, in the event of a suspension of the enterprise, there may be cases of deception. When a moment arises when the enterprise does not function due to the fault of the employer, the management tries to send employees on vacation at their own expense.

If such violations of the labor code are discovered by the labor inspectorate, the employer faces considerable penalties, as well as the danger of losing the right to engage in entrepreneurial activity for up to 3 years. In that case, the company's management does not pay compensation for the downtime period, the employee has the right to file a lawsuit for compensation for moral damage. The amount of such a claim will depend on the legislation and the wishes of the injured party.

What should an employee do during downtime?

The downtime period is not a vacation, and the employee must be at the workplace even if he cannot perform his official duties due to the current situation. If an employee stays at home during the idle time of the enterprise, then this fact can be regarded as absenteeism, therefore, even if an agreement has been reached with the employer that employees may not be present at work during this period, this fact should be displayed in the corresponding order.

The employee should exercise caution in such a situation. Even if there is verbal permission from the management not to visit the place of work, it is necessary to require legal registration of such an order. Many dishonest employers, taking advantage of the legal illiteracy of their subordinates after the end of the suspension period, may accuse employees of violating labor standards in order not to pay monetary compensation for the period
just me.

If it is possible to offer the employee a position corresponding to his qualifications, the employer may offer to transfer the employee to another department. With such a transfer, the employee's salary level should not decrease. It is possible to transfer without the consent of the employee, only in case of forced downtime for a period of not more than 1 month. If the suspension of the activity of the enterprise is possible for a longer time, then it is possible to temporarily transfer an employee to a new department only with his consent.

The time for which an employee is transferred to a new department should not be more than 1 year. After this period, the employer is obliged to return the employee to the previous place of work, or officially register in a new one.

Is sick leave paid for forced downtime?

During the period of forced downtime of the enterprise, sick leave benefits are not paid. If the employee’s period of incapacity for work began before the start of the suspension of activities, and ended during forced downtime, then he is paid sick leave, only for hours actually worked in production.

A similar situation with the payment of a hospital allowance may occur if a citizen’s incapacity for work arose during the downtime of the enterprise, and ended after the end of the downtime of the company, then in this case, benefits are also paid only for the time the enterprise is operating in standard mode.

Conclusion

During the period of suspension of the enterprise, employees lose 1/3 of their earnings, but if dishonest methods of financial relations with employees are taken by the management, they may lose their earnings in full. When a downtime occurs, verbal instructions from the boss are not enough.

In the absence of appropriate written orders, it is necessary to require him to issue an order in accordance with all the rules of the Labor Code of the Russian Federation. If the company's management does not strive to comply with the legislation of the Russian Federation, then it is necessary to contact the relevant authorities to resolve conflict situations between the employer and employees.

In case of gross violations of the Labor Code, the employer may be sued for moral damages and wage compensation.

In contact with

If a business entity is going through hard times for its activities and is not able to fully load employees with work, then the alternative to reducing them or sending them on unpaid leave is simple. With proper design, it allows you to save employees for a period of production difficulties. Downtime is an unpleasant event for the enterprise and for its employees. The company suffers losses, and employees receive payments that are significantly less than their base salary. What is a simple one, how to issue it, what obligations does it form with the employer and what can the employee expect?

Downtime at work

Forced downtime due to the fault of the employer: what does the Labor Code of the Russian Federation say

The suspension of the activities of a business entity due to objective reasons, as a result of which conditions are created in which it is impossible to work, is called downtime. It may be due to circumstances beyond the control of employees, as well as through their fault.

If a person, for objective reasons, cannot conduct activities regulated by internal documentation, then the employer needs to make a decision:

on transfer to another workplace with the corresponding payments under the item "wages";
on registration of the suspension of work and the production of appropriate payments to employees in an unfavorable period for the enterprise.

Causes of the situation

Downtime due to the fault of the employer occurs due to the failure to ensure the workload of production in full due to organizational, economic or technical failure. Recognition of the suspension of the activity of a business entity for reasons beyond the control of the employer and employee occurs in the event of force majeure situations, such as disasters, catastrophes, military operations, provided that they are officially confirmed by documents that recognize the assignment of the event to such a category.

The reason for the suspension of the functioning of the subject through the fault of the employee may be his absence from the workplace for a number of disrespectful reasons without warning the authorities. An employee may be accused of suspending the activities of the enterprise if he fails to fulfill his official duties, the result of which determines the production tasks for another person.

Technical and organizational

The lack of raw materials and materials to ensure production, appropriate conditions, without which it is impossible to carry out work, such as electricity, lighting, sewerage, water supply and sanitation, are the fault of the management, which does not conscientiously perform the management functions assigned to it.

It is impossible to conduct activities if the equipment requires repair or the working conditions directly threaten human life and health. In such a situation, the absence of work is the fault of the employer, even if the employee independently refused to perform official duties.

Economic

The economic reasons for downtime are due to the difficulties of the enterprise in the field of financing. They can be caused by failure to meet the production plan, loss of customers and broken contracts. All these factors can make it impossible or irrelevant to continue working in full mode.

Read also: Sample application for time off for previously worked time

How to issue

Any circumstances that caused the suspension of activities bring losses to the business entity. Timely and correctly executed forced downtime due to the fault of the employer will help reduce its costs for making the due payments.

Legislative regulation of downtime

After receiving information about the circumstances in which it is impossible to continue production activities, the manager of the company should try to solve the problem situation in order to prevent downtime. If this is not possible, then you should deal with the current situation and make a prompt decision to declare downtime. For this it is necessary to carry out a number of activities:

drawing up by the head of the unit a memo about the circumstances under which it is impossible to continue working;
identification of the guilty;
setting deadlines for eliminating the cause of downtime, because otherwise it will have to be recognized as indefinite;
resolve the issue of where the employee who was touched by the downtime should be;
transfer of employees to another department or execution of an order for their absence during this period at the workplace;
drawing up the relevant act;
registration of administrative documentation and familiarization with it of the persons to whom it concerns;
notification of the employment service about the event if the issue of suspension of activities is relevant for the entire enterprise;
appropriate design of the time sheet with a code, the type of which is determined by the circumstances that caused adverse events for production.

An employer cannot force people to work during an officially recognized downtime period. If the head of a business entity did not notify his employees of their special status and made them cut wages for this period, then the employees have the right to complain to the management about his illegal actions.

The law provides for the obligation of the employer to pay the employee downtime. The amount of the payout is unlimited by the maximum value. It can be regulated by the internal administrative documentation of a business entity. Downtime due to the fault of the employer is paid in the amount of 2/3 of the average earnings.

If the company’s activities are suspended due to the fault of the employee, he is not entitled to any payments, provided that there is an act drawn up by the commission, which documents the fact of identifying and confirming guilt. If none of the parties to the employment relationship is to blame for the circumstances that caused the downtime, then payments are made in proportion to the time of non-fulfillment of official duties. When determining its value, the corresponding part of the bet is taken as a basis.

Payments by an employee for downtime are not classified as compensatory payments, therefore they are taxed on a general basis.

Payments are made to the main employees and part-time employees in accordance with a single general procedure. Even a few hours of downtime fixed within the shift are paid. At the same time, an order for downtime due to the fault of the employer must be drawn up, a sample of which can be found on the Internet.

The law provides for the right of the employer to issue a transfer to another workplace for a time period not exceeding a month. Consent from the employee will be needed only if the person is transferred to a job that requires a lower qualification than it was. Idle time in this situation is not paid, because the person works and his work is paid.

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