If the employer is unable to provide the employee with the agreed amount of work, but the employee is ready and willing to work, the employer must pay the employee average wages for the period they are not working (Employment Contracts Act § 35). The average wage is generally calculated based on the employee’s salary over the past six months.

According to § 35 of the Employment Contracts Act (TLS), the employer must pay average wages to an employee who is capable of working and ready to work, even if the employee is not performing work because the employer has failed to provide work, has not performed the necessary actions for the work to be carried out, or has otherwise delayed the acceptance of work. This does not apply if the lack of work is due to the employee’s fault.

How to draft a notice to employees regarding payment of average wages under § 35 of the Employment Contracts Act (TLS) to apply for wage compensation?
When applying for wage compensation from the Unemployment Insurance Fund, the employer must submit proof that employees have been informed about the lack of work and the retention of average wages. The Employment Contracts Act (TLS) does not require a specific format for notifying employees about the application of § 35. Therefore, it is sufficient for the employer to issue a written notice to employees (e.g., a decision or directive via email), stating that average wages will be paid for a specific period under § 35 of the Employment Contracts Act.

How much advance notice should be given to employees?
The law does not set a specific notice period. However, it is reasonable to inform employees of the lack of work as soon as possible.