In simple language about how unemployment benefits are calculated

In accordance with Part 3 of Art. 72.2 of the Labor Code of the Russian Federation, downtime is understood as a temporary suspension of work for reasons of an economic, technological, technical or organizational nature. How to calculate payment for downtime of employees of an institution in different situations?

Article 157 of the Labor Code of the Russian Federation establishes the following amounts of payment for downtime:

If the downtime occurred due to the fault of the employer, it is paid in the amount of 2/3 of the employee’s average earnings, which is determined in accordance with:

• with Article 139 of the Labor Code of the Russian Federation;
• with Regulation No. 922[1].

In any mode of operation, the average salary of an employee is calculated based on the salary actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains the average salary (Part 3 of Article 139 of the Labor Code of the Russian Federation, p. 4 Regulations No. 922).
If the downtime lasted several working days, its payment is determined by multiplying the average daily earnings by the number of days of downtime and by 2/3 (clause 9 of Regulation No. 922).

It should be noted that based on clause 13 of Regulation No. 922, when determining the average earnings of an employee for whom a summarized recording of working time is established, the average hourly earnings are used, which is calculated by dividing the amount of wages actually accrued for the hours worked in the billing period by the number of hours actually worked during this period of hours. The calculation includes bonuses and remunerations taken into account in accordance with clause 15 of Regulation No. 922.

Average earnings are determined by multiplying the average hourly earnings by the number of working hours according to the employee’s schedule during the downtime period and by 2/3.

Example 1

An employee of the institution, due to downtime caused by the employer, did not work in the period from 08/01/2016 to 08/19/2016, which is 15 working days with a 40-hour five-day work week. In the billing period from 08/01/2015 to 07/31/2016, he worked 246 working days. Provided that the employee’s salary is 15,000 rubles, the payments are:

• 180,000 rub. (RUB 15,000 x 12 months);
• monthly bonuses – 8,800 rubles;
• Quarterly bonuses (included in the billing period) – 8,000 rubles.

Salary for the billing period amounted to 196,800 rubles.
The average daily earnings of an employee is 800 rubles. (RUB 196,800 / 246 work days).

During downtime, you should accrue 8,000 rubles. (800 rubles x 15 working days x 2/3).

Cash withdrawal situation

After information appeared about sanctions imposed by the United States against VTB, bank clients rushed to withdraw cash. In the first days, a record number of withdrawal operations were carried out; citizens withdrew huge sums from the bank.

There are no restrictions on cash withdrawals. The situation with the lack of cash was dictated only by a sudden rush. People quickly emptied the cash registers and ATMs of VTB itself and its partners.

Today the situation has returned to normal, the excitement has subsided, the bank is doing its best to quickly deliver cash to cash desks and ATMs. In addition, when withdrawing a large amount, the bank recommends pre-ordering it - then the money will definitely be waiting for you at the cash desk.

How is child support withheld from wages?

First, the woman must apply to the magistrate’s court for a decision, on the basis of which the collection will be carried out. The claim is sent to the authority at the place of residence of the plaintiff. This matter is not complicated; accepting such appeals and making decisions on alimony is standard practice. The court determines the percentage of alimony from the salary according to the number of children.

Having received a court decision, a woman can go to the debtor’s place of work, transfer the decision there and write a corresponding statement, attaching the details of her current account where the funds will be transferred.

If the debtor’s place of work is unknown or it is simply inconvenient to visit it, then you can immediately go to the bailiffs with the court decision. The case will be handled by the bailiff at the debtor’s place of residence. If the name of the employer is unknown, the bailiff submits a request to the Federal Tax Service and quickly receives the necessary information.

Next, a resolution is sent to the legal address of the employer of the alimony payer, according to which the deduction will be carried out. What percentage of the salary is child support - this must be indicated in the resolution. When the payer receives his next salary, it will be given to him minus alimony.

If the debtor officially receives 12,000, but in fact 30,000, the withholding will be carried out only from 12,000, that is, for one child the woman will receive 3,000 rubles.

Comments: 38

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Tatyana
   03/04/2022 at 18:40 Such a serious bank, and the photo of the author of the article is simply ugly!
   Who will trust you after this is our savings!! Reply ↓
2. Antonina
   03/04/2022 at 16:49

   Good afternoon Tell me whether the next installment on the loan issued by your bank in the 5th element should be paid for goods in installments.

   Reply ↓
   Olga Pikhotskaya
   03/04/2022 at 17:09

   Antonina, good afternoon. In any case, borrowers must fulfill their obligations in a timely manner. Sanctions imposed on the bank do not relieve clients from the obligation to repay the debt.

   Reply ↓

Where is the calculation procedure established?

How unemployment benefits are calculated is established by the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment in the Russian Federation” (hereinafter referred to as the Employment Law). This document sets out:

• the circumstances under which a person is entitled to receive support from the state;
• the amount and period of payment of benefits;
• rules for calculating benefits;
• conditions for payment of the minimum benefit;
• circumstances that prevent you from receiving benefits;
• other important points regarding unemployment benefits.

How to register

The difficulty lies in the fact that the Labor Code does not answer the question of how to register downtime due to the fault of the employer. But still, in order to avoid future problems and accusations from regulatory authorities of insufficient care about respecting the rights of working citizens, it is recommended to prepare an Order on the introduction of downtime.

This order should indicate:

1. Deadline.

Suspend work for the period from __.__.____ to __.__.____.

2. Reasons.

Due to a breakdown of packaging equipment...

3. List of departments affected by the order.

Suspend work for the period from __.__.____ to __.__.____ in structural divisions: procurement department; packaging department; logistics Department…

4. The names of employees who are recognized as idle due to the fault of the employer.

5. Payment procedure.

6. Instructions to employees about where they should be during the period specified in the order.

...must be at their workplaces

or

... are exempt from the obligation to report to work places

Read more about drawing up an order in the article “How to draw up an order for downtime.”

If, for example, a breakdown of equipment occurred during its operation (it does not matter whether the employee is at fault or not), the worker is obliged to report the incident to the manager so that he can draw up a report of the breakdown. This document will become the basis for issuing the order described above.

By the way, do not forget to enter the relevant information into your time sheet.

How to determine whether the employer is at fault?

The employer must ensure that equipment is updated in a timely manner.

To issue an order to begin downtime, significant reasons must be present, such as:

1. installation and modernization of equipment and periods of its adjustment, introduction of new technological processes, transition to new production standards;
2. financial difficulties of the enterprise, temporary lack of orders or raw materials and components, other similar situations;
3. malfunction or replacement of equipment, power outages and other reasons that make the normal course of the work process impossible;
4. any organizational changes in the enterprise that make the normal work process impossible, for example, moving to another premises, repairing a workshop or all types of reorganization.

The employer must be sure that there really are reasons for the downtime and that his order is legal. If these reasons are absent or the company cannot prove their presence, but the order has entered into force, employees can seek its cancellation. This must be done in order to receive the amount of payment established by law. To cancel, you must file a claim or complaint.

In addition, if it is established that an unjustified downtime has been declared, a fine will be imposed on the enterprise and its management. The same sanctions are imposed during administrative proceedings for non-payment of payments due to employees.

An employee should not agree to management’s proposals to go on leave without pay; he should be sure that the law protects his labor rights.

Downtime as a result of a natural disaster, accident, industrial accident, declaration of an emergency in the region - situations in which there is no fault of the enterprise and the employee. If production is temporarily suspended for these reasons, the employer has the right to transfer employees to another job, even one that does not meet their qualifications, during the period of restoration of production processes.

The employee may be transferred to another job.

He should not receive the consent of the enterprise employees for such a transfer, except in the case of transfer to a position of a lower level.

There is also a ban on transfer to a job that the employee cannot begin for medical reasons. This provision of the law states that before transferring to certain types of work that are associated with increased danger, the law requires a medical examination that will reveal the presence of contraindications.

Such a transfer, as related to downtime, is also formalized by order. The employer indicates in the order the new position and specialty, the date of transfer and the period for which he is transferred to a new job and the reasons, which must necessarily be related to an emergency or emergency situation.

How do they pay?

To make the calculation, you will need Article 157 of the Labor Code: with its help, we will calculate the amount of payment using an example.

So, by law, an employee is required to receive 2/3 of his average salary for those days that he was in forced inactivity. Before we look at a specific calculation example, let's remember what the average salary is.

In short: the average salary includes not only the salary or tariff rate, but also other payments, for example, bonuses, allowances, etc. (regulatory framework - Decree of the Government of the Russian Federation dated December 24, 2007 No. 922).

For calculations, a period of 12 months is taken. All payments for this period are summed up. In addition, you need to calculate how many days the employee worked over the last year (the Production Calendar will help here).

Calculation example

The downtime lasted from June 5 to June 9, 2022 (5 working days).

Over the previous 12 months, the employee earned:

50,000 (monthly salary) x 12 months + 100,000 (one-time bonus based on the results of 2022) + 10,000 (monthly bonus for mentoring) x 12 months = 820,000 rubles.

From June 1, 2022 to May 31, 2022, the employee worked 248 days.

The average daily earnings will be 820,000 / 248 = 3306.45 rubles.

The payment amount is calculated as follows:

3306.45 rub. x 5 x 2/3 = 11,021.5 rub.