Step-by-step procedure for dismissal for medical reasons in accordance with the law. How to Pay for a Medical Suspension Medical Suspension

Posted On 06/01/2018

The list of medical indications for artificial termination of pregnancy is determined by the Ministry of Health. induced abortion by medical indications produced before 22 weeks of gestation.

Of course, in order to terminate a pregnancy for medical reasons, the consent of the woman is required.

Conventionally, all medical indications for abortion can be divided into three groups:

• indications from the fetus;
• testimony from the mother;
• indications from the peculiarities of the course of pregnancy.

Medical indications for termination of pregnancy related to the condition of the unborn child

An absolute indication for termination of pregnancy is a non-developing pregnancy (missed miscarriage) - a pathological condition in which pregnancy persists for some time with a dead fetus. In such cases, abortion is carried out for health reasons (long-term presence of the dead fetus in the uterus threatens with complications).

In addition, medical indications for termination of pregnancy are gross malformations of the fetus (for example, anencephaly - the absence of a brain), in the presence of which the fetus dies before the end of pregnancy or in the first hours or days after childbirth, as well as the threat of the birth of a disabled child (Down syndrome).

As a rule, doctors recommend terminating a pregnancy for early dates in cases where, as a result of exposure to any strong external mutagenic factors (radioactive radiation, chemical effects (medication that causes fetal deformities), infectious agents (rubella virus)) there is a high risk of giving birth to a seriously ill child.

Medical indications for termination of pregnancy, which are associated with the peculiarities of its course

An absolute indication for abortion is an ectopic pregnancy, in which the fetal egg is attached outside the cavity of the uterine body (tubal, cervical, ovarian pregnancy, etc.), since it will inevitably be interrupted spontaneously and pose a threat to the woman's life.

In addition, severe early and late toxicosis of pregnant women is a medical indication for termination of pregnancy, in cases where they are difficult to treat and threaten the life of a woman.

Medical indications for termination of pregnancy related to the health of the pregnant woman

A medical indication for termination of pregnancy can be any serious illness in which pregnancy and childbirth pose an undoubted threat to the life and health of a woman.

In addition, doctors recommend terminating a pregnancy in case of pathologies that require treatment that poses a threat to the health of the unborn child (chemotherapy, etc.), as well as in case of diseases in which there is an increased risk of having a seriously ill child.

The most common medical indications for abortion are the following diseases:

• pathology of the cardiovascular system (heart defects occurring with severe heart failure; septic endocarditis);
• blood diseases (leukemia, aplastic anemia);
• lung diseases occurring with severe respiratory failure (pneumosclerosis);
• serious kidney pathologies occurring with severe renal failure;
• damage to the endocrine system, not allowing to endure and give birth healthy child(severe course of thyrotoxicosis or diabetes mellitus);
• active tuberculosis;
• AIDS in the advanced stage of clinical manifestations;
• severe illnesses gastrointestinal tract(damage to the liver parenchyma with a violation of its detoxification function, leading to poisoning of the body of the mother and child; ulcerative colitis with a tendency to a continuous recurrent course);
• oncological pathology requiring immediate treatment with irradiation of the pelvic organs or the use of chemotherapy;
• malignant neoplasms of the eyes;
• serious mental illness (epilepsy, acute psychoses);
• serious illnesses nervous system(polyneuritis or multiple sclerosis with a progressive course);
• transferred abdominal operations, after which pregnancy and childbirth pose a threat to the life of a woman.

In each individual case, the individual characteristics of the course of the pathology, the state of the patient's body, and her desire to have children are taken into account. In complex cases, a council consisting of several specialists is assembled.

It should be noted that the list of conditions in which doctors recommend terminating a pregnancy is gradually being reduced due to the development of medicine.

So, back in 1993, the Ministry of Health of the Russian Federation recommended termination of pregnancy for all women who have reached the age of forty, today this indication is excluded from the list, and with it about a hundred diseases that today are no longer a threat to the health of mother and child.

Severance pay upon dismissal

However, this does not mean that the company cannot go further in this matter. This means that additional grounds for making payments and their increased amount can be established in a collective or labor agreement in force at the enterprise.

If a person terminates relations with the administration due to the liquidation of the company or the reduction in the number of personnel in it, then the payment of severance pay upon dismissal is carried out in the amount of the person's average earnings.

There are also cases when severance pay upon dismissal is limited only to the average salary for two weeks.

Medical termination benefits

But you can't just fire him. First, the employer is obliged to offer him a transfer to another position that is more suitable for him for health reasons. This is done with the written consent of the employee. The procedure for transferring an employee who, in accordance with a medical report, needs to be provided with another job is established by Article 73 of the Labor Code.

The document justifying the need to transfer an employee to another position or dismissal is a medical certificate issued in compliance with current legislation, which confirms the permanent disability of the employee.

Severance pay upon dismissal or reduction of an employee

If nothing is written in the employment contract, then no payments are made. For other reasons for dismissal of an employee, payments are the same for organizations and for an entrepreneur.

The amount of the severance pay also depends on the reason for the dismissal of the employee. For grounds No. 1, No. 2 and No. 9, discussed earlier in the article, the amount of the severance pay will be equal to the average monthly earnings for all employees, with the exception of seasonal workers (the size of the severance pay is equal to two weeks of average monthly earnings) and employees hired for a period up to 2 months (The amount of the allowance is established by a local regulation or a collective or labor agreement.

Severance pay upon dismissal

At the same time, he retains the average monthly salary for the period of his employment, but not more than two months (three in exceptional cases) h.

Translation for medical reasons

2 tbsp. 178 of the Labor Code of the Russian Federation. The employee also receives a benefit in the amount of the average monthly salary upon liquidation of the company, or if the employment contract was concluded in violation of the rules for concluding an employment contract and this violation was not due to the fault of the employee, Part 3 of Art.

What is the procedure for dismissal due to medical contraindications to a certain job (activity) reflected in the medical report? Legal advice in Garant-Victoria

73, paragraph 8 of the first part of Art. 77 of the Labor Code of the Russian Federation);

Depending on what grounds for dismissal apply, the procedure for the employer to terminate the employment contract with the employee will also differ.

1) obtain a medical certificate issued to the employee in accordance with federal law (for example, in accordance with paragraph 2 of article 33 of the Federal Law of March 30, 1999 No.

Termination of an employment contract due to the employer's lack of work required by the employee in accordance with the medical report

approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004.

Settlement with the employee is made on the day of dismissal (cash compensation is paid for unused vacation, wages, severance pay and other payments due).

Upon termination of the employment contract due to the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical report (paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation), the employee is paid a severance pay in the amount of two weeks of average earnings (Art.

Procedure for dismissal due to refusal to transfer or lack of work in accordance with a medical report

182 of the Labor Code of the Russian Federation, when an employee is transferred to another lower-paid job with this employer, he retains his previous average earnings within one month from the date of transfer, and in case of transfer in connection with a labor injury, occupational disease or other damage to health associated with work, until a permanent loss of professional ability to work is established or until the employee recovers.

Compensation for unused vacation is determined on the basis of average wages.

Expenses for the payment of severance pay upon dismissal of an employee for medical reasons

Severance payment: Debit account 0 302 62 830 “Decrease accounts payable on benefits for social assistance to the population" Credit of account 0 201 34 610 "Disposal of funds from the cash desk of the institution".

The “medical indications” of the employee are the problem of the employer. How to apply conflicting provisions of the Labor Code

“Personnel officer. Labor law for personnel officer”, 2009, N 7

“MEDICAL INDICATIONS“ OF THE EMPLOYEE IS THE PROBLEM OF THE EMPLOYER.

HOW TO APPLY CONTRADICTING LABOR CODE RULES

Some problems that arise during the application of legal norms related to the removal of an employee from work for medical reasons, and possible ways to overcome them without violating the rights and legitimate interests of the employer, are highlighted.

The reform of labor legislation aims to improve the legal norms governing labor relations. The main source of labor law is the Labor Code of the Russian Federation.

Of course, the modification of its individual provisions at the present stage needs to be seriously considered not only by scientists, but, mainly, by law enforcers, including state executive and judicial authorities. At the same time, it should be noted that far from all the changes made to the Labor Code of the Russian Federation and other regulatory legal acts containing labor law norms are correct enough, which allows them to be applied without any effort. Unfortunately, the situation is quite common when, in the absence of the assistance of a specialist in the field of labor law, it is not possible to apply one or another legal norm without a deep and comprehensive analysis, taking into account its reform.

In particular, the Labor Code of the Russian Federation contains legal norms, the formal observance of which (the exercise of rights and the fulfillment of duties in strict accordance with their content) by an employer may become an offense, since compliance with one norm is associated with a violation of other norms provided for by this act.

For example, in accordance with Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend (not allow to work) the employee in the cases listed by law. These include, in particular, detection in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts RF, contraindications for an employee to perform work stipulated by an employment contract.

On the one hand, the basis for the removal of an employee from work is an appropriate medical certificate issued in accordance with the procedure established by law. On the other hand, such a medical report in itself does not allow the employer to comply with Art. 76 of the Labor Code of the Russian Federation, an obligation by virtue of the provisions provided for in Art. 73 of the Labor Code of the Russian Federation.

By virtue of Art. 73 of the Labor Code of the Russian Federation, the employer has the right to remove the employee from work only after the procedure established by law for his employment has been carried out. According to Part 1 of Art. 73 of the Labor Code of the Russian Federation, the employer is obliged to transfer (but not to suspend from work) an employee who needs to be transferred in accordance with a medical report to another job available to the employer that is not contraindicated for him for health reasons. At the same time, the law provides for various legal consequences for the employee (depending on the duration of the temporary transfer to another job, which he needs for medical reasons).

Thus, the legal norms set out in Art. Art. 73 and 76 of the Labor Code of the Russian Federation, provide for two different forms of suspension of an employee from work on the same - “medical” - basis.

Suspension Forms

So Art. 76 of the Labor Code of the Russian Federation establishes the obligation of the employer to suspend the employee from work immediately upon receipt of the appropriate medical opinion without taking any measures, for example, related to the employment of the employee, while Art. 73 of the Labor Code of the Russian Federation allows the removal of an employee from work only after the employer has fulfilled the obligation to employ him.

Therefore, the removal of an employee from work in the first case is allowed if there is a medical certificate, in the second - if three conditions are present simultaneously:

1) the employee needs to be temporarily transferred to another job for up to four months according to a medical report;

2) the procedure for the employment of the employee is carried out, or the employer does not have the corresponding job;

3) the employee refuses the transfer.

The norms under consideration do not allow the employer to independently determine (make a choice) the behavior that is possibly acceptable in a given situation. Analysis of the norms provided for by Art. Art. 76 and 73 of the Labor Code of the Russian Federation, together they reveal the following shortcomings legal regulation issues related to the removal of an employee from work for medical reasons.

In accordance with Part 2 of Art. 73 of the Labor Code of the Russian Federation, an employer has the right to remove an employee who needs to be transferred to another job, if one of the following conditions is met:

The employee refuses to be transferred to another job;

The corresponding work, which he is obliged to offer the employee in the order of employment, the employer does not have.

Thus, before an employer has the right to legally remove an employee from work (not allow him to work), he is obliged to carry out certain work to employ such an employee. The employment procedure, which allows the employer to remove the employee from work that is contraindicated for health reasons, involves two stages.

At the first stage, the employer is obliged to offer the employee the vacancies he has, which the employee can perform, taking into account his business qualities and his state of health. This is due to the provision of Part 1 of Art. 73 of the Labor Code of the Russian Federation, according to which the employer is obliged to transfer the employee to another job he has, which is not contraindicated for the employee for health reasons. A similar rule is contained in Part 4 of Art. 72.1 of the Labor Code of the Russian Federation, according to which it is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

At the second stage, the employer is obliged to resolve the issue with the employee:

Or, if he agrees to work in one of the positions offered by the employer, transfer him to such a job, formalizing this by signing a bilateral agreement on making appropriate changes to the employment contract;

Or, if the employee refuses to transfer to the job offered by the employer, remove him from work in accordance with Art. 76 of the Labor Code of the Russian Federation.

The process of transferring to another job

The employer is not always able to immediately resolve the issue of transferring an employee to another job or removing him from work. This is due to a number of circumstances. In particular, the employee may not express his disagreement with the transfer to the job offered by the employer, but at the same time not agree with the employer's proposal to move to another job that is not contraindicated for his state of health. Nevertheless, the basis for the removal of an employee from work is precisely the refusal of the employee to transfer to another job.

The law does not establish rules for the lawful behavior of the employer in the situation under consideration. In addition, the law does not contain answers to elementary questions. For example, how is an employer obliged to offer an employee a job he has? When is the employee entitled to express his opinion on the vacancies offered by the employer? How is the employer obliged to record the employee's refusal to express any relation to the work offered by the employer?

Most likely, you will have to be guided by the norm provided for by Art. 72 of the Labor Code of the Russian Federation, according to which a change in the terms of an employment contract determined by the parties, incl. transfer to another job is allowed only by agreement of the parties to the employment contract. Thus, in the situation under consideration, the employer should have prepared a bilateral agreement on changing the terms of the employment contract related to the transfer of the employee to another job. It should reflect the change in such conditions of the contract as the labor function of the employee, the name of the position occupied by the employee, the structural unit, the amount of remuneration, working hours and rest time, other conditions specified in the employment contract in case of their change.

Such an agreement must be prepared in duplicate (if the employment contract is to be concluded in duplicate). Considering that the written agreement of the parties on amending the terms of the employment contract, determined by its parties, implies the existence of a bilateral expression of will, the employer, represented by his representative, should sign and execute it in the manner prescribed by law.

Then the refusal of the employee to amend the employment contract for the position (job) offered to him by the employer in the order of employment can be recorded as a refusal of the job (position) offered to him by the relevant act drawn up by the commission.

Note. An employee's refusal to work (position) offered to him in the course of employment can be formalized by an appropriate act - on the employee's refusal to amend the employment contract by a bilateral agreement (an act of refusal to sign the relevant agreement).

In the situation under consideration, there is every reason to equate the employee's refusal to amend the employment contract, certified by the relevant commission act, with the refusal to transfer to another job.

Thus, the act of refusal to make appropriate changes to the employment contract may be the basis for:

To resolve the issue of suspension of an employee from work (if the employee needs a temporary transfer to another job for up to four months);

To dismiss an employee (if he needs a temporary transfer for a period of more than four months or a permanent transfer).

Thus, the procedure for registering an employee’s refusal to transfer to a job offered to him can be determined by a local regulatory act.

It should be noted that the body considering the dispute on the merits, in this situation, has the right, using judicial discretion, to recognize the absence of the period necessary for the employee to make a decision on transfer to another job (refusal to transfer) as a violation of his rights and legitimate interests. Therefore, the employer often independently determines by a local regulatory act the maximum allowable period during which the employee has the right to express his decision on the work offered to him in the order of employment.

However, it seems that the absence in the law of any period for the employee to choose one or another behavior does not oblige the employer to such actions.

Suspend and not pay?

Let us consider another problem related to the contradiction between the above two legal norms, provided for in Part 1 of Art.

1 st. 73 and Art. 76 of the Labor Code of the Russian Federation, when the employer, on the one hand, is obliged to remove the employee from work that is contraindicated for him in accordance with the medical report, and on the other hand, he is not entitled to do this without observing the procedure for his employment.

Within the meaning of Art. 76 of the Labor Code of the Russian Federation, the removal of an employee from work is understood as preventing him from performing work duties.

According to part 2 of Art.

Step-by-step procedure for dismissal for medical reasons in accordance with the law

76 of the Labor Code of the Russian Federation, the employer removes from work (does not allow to work) the employee for the entire period of time until the circumstances that were the basis for suspension from work or exclusion from work are eliminated. At the same time, by virtue of Part 3 of Art. 76 of the Labor Code of the Russian Federation during the period of suspension from work (non-admission to work), wages are not accrued to the employee. Exceptions are cases provided for by the Labor Code of the Russian Federation or other federal laws.

Therefore, if there is an appropriate medical certificate, which clearly states that work is contraindicated for health reasons, the employer does not have the right to allow him to work. However, the employer is not entitled to issue an appropriate order (instruction) to remove the employee from work without saving his wages, since he did not comply with the order provided for by Art. 73 of the Labor Code of the Russian Federation on the employment of this employee.

It seems that such contradictions should be eliminated at the level of legislative authorities. However, before the relevant changes are made to the federal legislation, the employer has the right to determine two forms of dismissal of an employee from work by his local normative act or the terms of the collective agreement:

1) suspension from work for the entire period of employment;

2) suspension from work in connection with the refusal to transfer to the job offered by the employer<1>.

-----------
<1>The second form of suspension from work is provided for in cases where the employer has a job suitable for the category of workers in question.

For this, it seems convenient in the situation under consideration to distinguish between the legal status of an employee during the period of his employment and during the period when such employment did not take place for one reason or another.

Since the employer does not have the right to allow the employee to work that is contraindicated for him for health reasons, he is forced to issue an appropriate order (instruction) to remove the employee from work (to record the fact that the employee was not allowed to work that is contraindicated for him for health reasons).

If the local normative act (collective agreement) contains two forms of suspension from work, then in the case of the employment procedure for such an employee, the order (instruction) of the employer must indicate that the suspension from work is temporary, limited to the corresponding period of his employment. The basis for such an order (instruction) is a medical report; in its preamble, a reference should be made to the relevant paragraph of the local regulatory act (condition of the collective agreement).

If the employee agrees with the job offered to him in the order of employment, the employer issues an order (instruction) on the temporary transfer of the employee to another job, while retaining his former place of work for the entire period stipulated by the medical reports. If the employee refuses the job offered to him in the order of employment, the employer issues an order (instruction) to suspend the employee from work for the entire period stipulated by the medical report, but not more than four months.

In the event that there is no suitable job, the employer's order (instruction) to remove the employee from work must provide for the period of his suspension from work, which is indicated in the medical certificate, but not more than four months.

Thus, the availability of a suitable job for the employer in the situation under consideration determines the issuance of two orders (orders): one - on the temporary suspension of the employee from work for the period of his employment, the other - on temporary suspension from work for the entire period provided for by the medical report.

In this regard, the question arises: does the employer have the right not to charge the employee for this period (during the period of suspension from work, which falls on the period of his employment) wages?

From the standpoint of Art. Art. 76, 73 of the Labor Code of the Russian Federation, this issue is resolved unequivocally: during the period when an employee is suspended from work, wages are not accrued to him. At the same time, an analysis of the provisions of the Labor Code of the Russian Federation does not allow us to state with certainty that the employer has the right not to accrue wages to the employee during the period of his employment.

In accordance with Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for earnings not received by him in all cases of illegal deprivation of his opportunity to work. In the case under consideration, the contradictions in the legal norms pose a real threat to the employer, when it is possible to recognize his actions to remove the employee until employment for another job as illegal, violating the rights of the employee.

Since the Labor Code of the Russian Federation does not contain a rule according to which the employer has the right not to accrue wages to the latter for the period of employment of the employee, then the reimbursement of expenses associated with the employment of the employee should be made at the expense of the employer.

Considering that Art. 236 of the Labor Code of the Russian Federation provides for the liability of the employer for the delay in the payment of wages and other payments due to the employee, the employer, in our opinion, has the opportunity to prevent adverse consequences.

He has the right to independently establish by local regulations or a collective agreement (agreement) the rules for keeping the employee for the period of his employment of average earnings up to his suspension from work (in compliance with the procedure for his employment, provided for in Article 73 of the Labor Code of the Russian Federation) or until his dismissal from work.

Otherwise, the employer, for reasons beyond his control, may turn out to be an unwitting violator of labor law and bear legal liability in connection with this.

The duration of the special right of the employee

It should be noted that the provision under Art. 73 of the Labor Code of the Russian Federation, incorrectly determines the period associated with two possible options for the behavior of the employer:

1) suspend the employee from work if the period of temporary transfer to another job for medical reasons is less than four months;

2) dismiss the employee if such period exceeds four months.

In the first case, an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, in the event of his refusal to transfer to another job or the absence of an appropriate job suitable for the employee, is subject to suspension from work with the preservation of the place of work (position) for the entire period specified in the medical report.

In the second case, an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of more than four months, in the event of a refusal to transfer or the employer does not have the appropriate job, is subject to dismissal on the grounds provided for in paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

At the same time, the law does not determine the lawful behavior of the employer if the above period is exactly four months.

A similar provision is regulated for cases of suspension of an employee’s special right (license, the right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill his obligations under labor contract.

Suspension of the special right of an employee for a period of less than two months serves as a basis for removing the employee from work, for more than two months - for terminating an employment contract with him on the grounds provided for in paragraph 9 of part 1 of Art. 83 of the Labor Code of the Russian Federation<2>. The consequences of suspension of the special right for a period of two months are also not defined by law.

-----------
<2>According to par.

9 h. 1 tbsp. 83 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract are the expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill the obligations under the employment contract.

The reason for such provisions are shortcomings of a technical and legal nature. It seems logically correct to define the term in a different way. If the legal consequences provided for by any legal norm are associated with a certain calendar period, then its scope (limitations) should not contain intermediate provisions, if such provisions do not entail independent special legal consequences. Thus, it is necessary to establish a period, the expiration of which is associated with certain legal consequences, in a different way. For example, the wording of Parts 2 and 3 of Art. 73 of the Labor Code of the Russian Federation may be as follows:

“If an employee who, in accordance with a medical report, needs to be temporarily transferred to another job for up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work (positions). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of four or more months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of this of the Code."

Unfortunately, the employer cannot eliminate the above shortcomings on his own, since he is not endowed with such a right. Law enforcement agencies, including courts of general jurisdiction, are certainly forced to apply such legal norms in practice, however, it seems that any behavior in a situation that is not properly regulated can be declared illegal (unreasonable).

Literature

1. Commentary on the Labor Code Russian Federation(item-by-item). 7th edition, revised. and additional / Ed. K.N. Gusov. M., 2008.

2. Commentary on the Labor Code of the Russian Federation (item-by-article) (second edition, supplemented) / Ed. ed. A.M. Kurennoy, S.P. Mavrin, E.B. Khokhlov. M., 2007.

assistant professor
departments of labor law
Moscow State University M.V. Lomonosov

Signed for print
12.06.2009

Suspension from work for medical reasons

In Art. 212 of the Labor Code of the Russian Federation says that the employer does not have the right to release an employee for a shift if the medical report indicates that the employee has contraindications.

The employer must not allow the employee until the grounds for contraindications are eliminated.

may submit to the employer such a conclusion, which will indicate that he cannot perform this particular job, but with easier working conditions - he can.

The procedure for suspension from work under the Labor Code of the Russian Federation (nuances)

The procedure for dismissal from work at the initiative of the employer

The removal of an employee from is a temporary exclusion from the performance of direct official duties.

Cases when the employer has every right not to allow the employee to workplace, can be seen in Art. 76 of the Labor Code of the Russian Federation:

During the suspension from the employee, the salary due to him is not accrued.

Suspension of an employee from work for medical reasons

If the employee wishes to stay at work, the employer is obliged to create working conditions suitable for his further work in accordance with the individual rehabilitation program.

Sample letter of dismissal from work

In addition to the act and the order, the employee’s explanatory note about the refusal to undergo a medical commission, a medical report received by the employee, a memorandum and others can also confirm the legality of the employer’s actions.

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Since wages will not be accrued during this time, the “NB” code (or the digital code “35”) is used, as shown in Appendix 3. from the work of the head of the organization "Oh yeah"

In what cases is it possible to be released from work for health reasons?

Let's discuss the most common causes suspension from service for medical reasons and health and what needs to be done to avoid mistakes.

Grounds for Suspension from Work Labor legislation in the Russian Federation provides for a procedure for suspension from performance of one's duties. In article seventy-six of the Labor Code of the Russian Federation there are many different causal relationships that oblige the employer to release his subordinate, including for medical reasons.

Suspension from work based on PMO results?

Send them this order?

and another wrote exercise production control for the working conditions of workers. How is that? and who should do it?

And yet, it may not react at all to this scribbling in the final act, there are no deadlines or anything, it’s just written with a pen.

If they really need it, they will send an official request with the rationale for their wishes.

The procedure for dismissal of an employee for medical reasons

If again without justification, then spit again.

An employee is unable to perform work due to medical reasons

Contact. An employee may be dismissed on the basis of the conclusion of a medical and social examination When an employee is dismissed on the basis of clause 8, part 1, article 77 of the Labor Code of the Russian Federation, the following legally significant circumstances must be proved: - the presence of a medical certificate issued in the prescribed manner; - the inability of the employee to perform the previous work; - the employer's lack of adequate health, or the employee's refusal to switch to such work.

Suspension of an employee for additional examination from work for medical reasons

Date of registration: 05/04/2008 Auntie went to the prosecutor's office with a complaint, the prosecutor so far only requested documents, and verbally said that we were obliged to employ her, and had no right to leave her without a salary.

And since we have already done so - that is. did not begin to dismiss, but simply removed, then what could this threaten?

It's not the duty of the employer to necessarily fire the employee if there are no vacancies for "easy work"?

What should an employer do if an employee cannot work at his workplace for health reasons? What is the procedure for transferring for medical reasons to another job? What are the medical contraindications for pregnant women? How is it for medical reasons? What should I do if an employee hid his illness?

Because perfect healthy people Unfortunately, we don’t have very many, from time to time one or another employee goes on sick leave. But hospital sickness is different, and an employee may be diagnosed with a disease in which he cannot work in his position. First of all, this applies to work with difficult working conditions, but not only. What the employer should do if the employee cannot work at his workplace for health reasons, we will tell in the article.

Reason for action.

So, to find out that work in his position is contraindicated for an employee, the employer can, based on the results medical examination conducted in the organization, if the passage of such an examination is mandatory for the employee (for example, if he works in difficult or dangerous working conditions), or from a medical certificate that the employee submits independently.

The actions of the employer depend on the state of health of the employee. In some cases, the employee must be transferred to another position, and in others - dismissed. It is necessary to be based here on the recommendations given in the medical report. Please note that such a document can only be a medical report, and not a simple certificate and not a certificate of incapacity for work.

Such a medical report is issued in the manner prescribed by the Order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441 (hereinafter - Order No. 441). Conclusions are issued to citizens based on the results of medical examinations, medical examinations, medical examinations, on the basis of decisions made by the medical commission, as well as in other cases when the legislation of the Russian Federation provides for the presence of a medical opinion.

For your information:

The specified procedure shall not apply if the legislation of the Russian Federation establishes a different procedure or form for issuing a medical report.

For the employer, the part of the medical report that contains the conclusions is important:

on the presence (absence) of a disease in an employee, risk factors for the development of diseases;

on the presence of medical indications or medical contraindications for the implementation of certain types of activities;

on the conformity of the health status of the employee with the work assigned to him.

Medical reports can be issued:

in any form (except for cases when the legislation of the Russian Federation establishes a different procedure for issuing a certificate or medical report or another form of a certificate or medical report) with the stamp of a medical organization;

on the letterhead of the medical organization (if any).

The conclusions are signed by specialist doctors participating in the issuance of a medical opinion, the head of a medical organization, certified by the personal seals of specialist doctors and the seal of a medical organization, in the imprint of which the full name of the medical organization must be identified, corresponding to the name specified in its charter. If a medical opinion is issued by the medical commission of a medical organization, it is also signed by the members and the head of the medical commission.

For your information:

If an employee has a disability, the employer should be guided by a certificate confirming the establishment of a disability group and the degree of limitation of the ability to work, the form of which is established by Order of the Ministry of Health and Social Development of the Russian Federation of November 24, 2010 No. 1031n, and an individual program for the rehabilitation or habilitation of a disabled person approved by Order of the Ministry of Labor of the Russian Federation of July 31. 2015 No. 528n.

The following may also be submitted as a medical report:

Transfer to another job for medical reasons

By virtue of Art. 73 of the Labor Code of the Russian Federation of an employee who needs to be transferred to another job in accordance with a medical certificate issued in established by law order, the employer is obliged to transfer to another job he has, which is not contraindicated to the employee for health reasons. In this case, it is necessary to request the written consent of the employee for the transfer.

At the same time, an employee can be transferred temporarily or permanently, which should be indicated in the medical report.

If the employee is ready for transfer, an appropriate agreement is concluded with him. See page 62 for an example agreement.

On the basis of the agreement, an appropriate order is issued, which specifies the details of the agreement, notification of the employer and medical opinion.

Additional Agreement No. 2

to the employment contract dated 05.07.2012 No. 05/07

Municipal state-financed organization health care "Regional Hospital" (MBUZ "Regional Hospital"), hereinafter referred to as the Employer, represented by the chief physician R. S. Maksimov, acting on the basis of the Charter, on the one hand, and Mikhail Vladimirovich Maltsev, hereinafter referred to as the Worker, on the other hand, concluded this additional agreement as follows.

1. In accordance with the medical report (certificate dated August 18, 2017 of the ITU-2017 series No. 0003212454), the Employee is transferred from the position of a driver to the position of a security guard of the 1st Corps.

2. The employee is paid an official salary in the amount of 25,000 (twenty-five thousand) rubles per month.

3. Labor function The employee is fixed in the job description approved by Order No. 15/I dated 10.12.2012, which is an integral part of this agreement.

4. In all other respects that are not provided for by this additional agreement, the terms of the employment contract remain valid.

5. This supplementary agreement is an integral part of the employment contract dated 05.07.2012 No. 05/07, drawn up in two copies of equal legal force, one of which is kept by the Employer, and the other is transferred to the Employee.

Employer: Employee:

MBUZ "Regional Hospital"

Chief Physician

Maksimov / R. S. Maksimov / Maltsev / M. V. Maltsev /

Note:

An entry about a permanent transfer is made in the work book and the employee's personal card.

When transferring an employee to another position, he must be familiarized with job description and other local acts that apply to this position.

If an employee is transferred to a lower-paid job for medical reasons, he/she retains the average earnings from the previous job for one month from the date of transfer, and in case of transfer due to an industrial injury, occupational disease or other damage to health associated with work, until a stable salary is established. loss of professional ability to work or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

If the employee refuses to transfer, further actions of the employer depend on the term of the transfer.

So, if an employee, in accordance with a medical report, needs a temporary transfer for up to four months, the employer is obliged to remove him from work while maintaining his place of work (position).

Similar actions should be taken if there are no vacancies in the institution.

During the period of suspension from work, the employee is not charged.

If the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, if he refuses to transfer or if the employer does not have the appropriate job, it is terminated in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Grounds for dismissal work book will look like this: Labor contract terminated due to the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical report (or the employer's lack of appropriate work).

Some exceptions to the transfer are established for heads of organizations (branches, representative offices or other separate (structural) divisions), their deputies and chief accountants. So, if there are grounds for a temporary or permanent transfer and if such a transfer is refused, these persons, with their written consent, may be suspended from work for a period determined by agreement of the parties. During the period of suspension from work, the wages of these employees are also not accrued.

Medical contraindications for pregnant women

Separately from other workers in the Labor Code, pregnant women and women with children under the age of one and a half years are noted.

By virtue of Art. 254 of the Labor Code of the Russian Federation for pregnant women, in accordance with a medical report and upon their application, the production rates, service rates are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job.

For your information:

For example, according to paragraph 13.2 of SanPiN 2.2.2 / 2.4.1340-03 "Hygienic requirements for personal electronic computers and organization of work", approved by the Chief State Sanitary Doctor of the Russian Federation on May 30, 2003, women from the time of pregnancy are transferred to work, not associated with the use of a PC, or for them the time of working with a PC is limited (no more than three hours per work shift), subject to the hygiene requirements stipulated by the sanitary rules.

To carry out the transfer, the employee must submit a medical report on the transfer of the pregnant woman to another job in the form 084 / y, approved by Order of the Ministry of Health of the USSR dated 04.10.1980 No. 1030. This order is currently no longer valid, however, in Letter No. 30.11. 14-6 / 242888 it is reported that after the cancellation of this regulatory act, new sample forms were not published. In this regard, health care institutions, on the recommendation of the Ministry of Health and Social Development, use in their work to record activities forms approved by Order of the USSR Ministry of Health No. 1030.

At the same time, as noted by Rostrud, this can be both a conclusion in the form 084 / y, and a medical opinion in an arbitrary form, containing, in particular, the signatures of the head of the medical organization, medical specialists who participated in the issuance of the medical opinion, their personal seals in accordance with Order No. 441.

If, from the moment the pregnant woman is presented with the conclusion and the application, the employer does not have suitable positions, until another job is provided that excludes the impact of adverse production factors, she should be released from work while maintaining the average earnings for all missed working days as a result of this at the expense of the employer. Exemption from work is carried out according to the order of the employer.

When undergoing a mandatory dispensary examination in medical organizations, pregnant women also retain their average earnings at their place of work.

Women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred, upon their application, to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Note:

The impossibility of performing the previous work by a woman with a child under the age of one and a half years should be understood as cases where such work is incompatible with feeding the child and proper care for him, as well as with a certain type of working hours, traveling nature of work, remoteness of the place of residence from the place of residence. work, etc. (paragraph 3, clause 22 of the Decree of the Plenum of the RF Armed Forces dated January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors” (hereinafter - Decree No. 1)).

If a woman is transferred to a lower-paid job, the employer is obliged to keep her average earnings from her previous job until the child reaches the age of one and a half years (part 4 of article 254 of the Labor Code of the Russian Federation, paragraph 4, paragraph 22 of Resolution No. 1).

Dismissal for medical reasons.

Paragraph 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation provides that the employment contract is subject to termination if the employee is recognized as completely incapable of work in accordance with a medical certificate issued in the manner established by Order No. 441.

Completely incapable of working, as a rule, are persons recognized as disabled, and those who have been diagnosed with the 3rd degree of severity of the limitation of the ability to work - the impossibility (contraindication) of working due to the existing significantly pronounced violations of body functions (para. 4 paragraphs "g" paragraph 6 of the Classifications and criteria used in the implementation of medical and social examination of citizens by federal government agencies medical and social expertise, approved by the Order of the Ministry of Labor of the Russian Federation dated December 17, 2015 No. 1024n).

So, if, according to the rehabilitation program for a disabled person, it is established that any work activity is contraindicated for an employee, such an employee will have to be fired. To do this, the employer issues an order to terminate the employment contract under paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation. No other documents (notifications, consents, employee statements) need to be drawn up.

Based on the order, entries should be made in the work book and personal card. An employee who is recognized as completely incapable of working in accordance with a medical report, in addition to the calculation on the last day of work, is paid a severance pay in the amount of two weeks of average earnings (part 3 of article 178 of the Labor Code of the Russian Federation).

If an employee concealed his illness...

The list of documents provided for employment is given in Art. 65 of the Labor Code of the Russian Federation. According to this article, the employer is not entitled to demand other documents from the employee.

Thus, medical certificates or conclusions may be requested only in cases established by federal laws and regulatory legal acts. This applies in particular to:

persons under the age of 18 (Article 69 of the Labor Code of the Russian Federation);

workers employed in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic (Articles 213, 238 of the Labor Code of the Russian Federation, List of harmful and (or) hazardous production factors , in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out, approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 302n (hereinafter referred to as the List)).

For your information:

According to the List, contraindications for persons employed in hard work and work with harmful and dangerous working conditions include diseases such as epilepsy, mental illness, alcoholism, substance abuse, drug addiction, diseases of the endocrine system, etc.

An employee is not required to report their illness or disability. Therefore, if in the course of labor activity it turns out that the work for which the employee was hired is contraindicated for him, then he should be fired under paragraph 11 of part 1 of Art. 77 of the Labor Code of the Russian Federation - for violation of the established Labor Code or other federal law of the rules for concluding an employment contract, if this violation excludes the possibility of continuing work.

If the employee did not know that he had contraindications at the time of employment and given fact was identified as a result of passing a periodic medical examination, he is dismissed due to circumstances beyond the control of the parties, - according to paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation (recognition of an employee as completely incapable of work in accordance with a medical report).

Note:

If you did not notice any contraindications to work during employment personnel worker, before dismissing an employee, he needs to be offered a transfer to another position, and upon dismissal - to pay a severance pay in the amount of average monthly earnings. If the employee hid this information, neither the transfer nor the severance pay is due to him.

Also note that the basis for dismissal in this case should be a medical certificate issued in the manner prescribed by Order No. 441.

So, if an employee has submitted a medical report obtained in the manner prescribed by law, he must be transferred temporarily or permanently to another job that is not contraindicated for him for health reasons. If the employee refuses to transfer or the employer does not have a vacant position, the employee is either suspended from work (in case of a temporary deterioration in health) or dismissed (if the deterioration in health is already irreversible). At the same time, the legislation does not prohibit leaving the employee in the previous position, excluding the harmful factor, the presence of which excludes the possibility of performing labor duties in this position. In this case, it will be necessary to make changes not only to the employment contract, but also to the employee's job description.

We also note that before dismissing an employee under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation, it is necessary to make sure that the medical report contains contraindications specifically for the work that the employee performs, which must be confirmed by the job description or other document, and that the report contains specific recommendations on temporary or permanent transfer to another job. If there are no such recommendations, there are no grounds for the employer to take action until this conclusion is supplemented by the relevant recommendations of the medical organization.

"On approval of the procedure for issuing certificates and medical reports by medical organizations."

"On approval of forms of documents on the results of the establishment by federal state institutions of medical and social expertise of the degree of loss of professional ability to work in percent and recommendations for their completion."

"On the approval of temporary criteria for determining the degree of loss of professional ability to work as a result of accidents at work and occupational diseases, the form of the rehabilitation program for the victim as a result of an accident at work and occupational disease."

If such a transfer is not possible, the employer may dismiss the employee or release him from performing duties that significantly affect the state of health. Health Suspension Procedure In order to suspend an employee for health reasons, an employer must use the following procedure:

1. First, he receives the necessary information, on the basis of which a verdict is issued on a temporary or permanent transfer to another position. The medical report of the doctor is considered in detail.
2. If necessary, notify company management that the employee needs to be transferred to another position.
3. Offer the employee another activity that will not worsen his current health condition.
4. The employee must agree to the transfer.

Suspension from work for medical reasons

Conclusion In some cases, employers may either make mistakes or intentionally act illegally. For this reason, you should always carefully study the order for suspension from work. A sample document is easy to find online. This will give you an idea of ​​how it should be designed.

• 23.02.2016

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• Holiday payment.

How to dismiss an employee from a position based on the results of a medical examination?

Suspension from work for health reasons The Commission of Doctors has the right to suspend an employee from his activity for a period of 120 days. At the same time, the employer can offer him another position that will not affect his health. The employee can either agree or refuse with the transfer itself.

If he signs the refusal, the salary is not charged. The position is saved. It happens that the term in the medical report can exceed four months. In this case, the employee refuses to transfer or the employer does not have the required position.

Then, in accordance with Article 73 of the Labor Code of the Russian Federation, the employment contract with him is terminated. He's being put on the redundancy list. For one day According to article 76 of the Labor Code, the management of the organization must remove the employee from activities until the circumstances that caused the initiation of this process are eliminated.
This position of the employee may be tied to the need to perform a certain action, after which he will be able to resume his duties (physical examination, for example).

• Circumstances leading to dismissal.
• If the situation so requires, it is worth indicating who exactly will perform the duties of the suspended employee until the moment when his issue is resolved.

If it so happened that the removal of an employee from work must be carried out as soon as possible (in case of intoxication, for example), a simplified system can be used. Its essence boils down to the following: a medical worker takes the initiative to terminate work by a specific employee and presents the examination data as the basis for his decision.

Suspension procedure according to medical opinion

• He is trained in labor protection.
• If he is accepted for a new position, then a new employment contract is concluded.
• The labor conclusion is drawn up by a special order, then provided to the employee. He must sign.
• All documents that testify to the transfer of an employee are included in his personal file.
• After assigning documents to a personal file, this must be approved by a resolution of the Committee on archives, as well as record keeping.
• After he was transferred on a permanent basis, a corresponding entry is made in the work book.
Exemption from work for medical reasons According to Article 72.1 of the Labor Code, a transfer to another activity is permitted only if the employee has provided written consent. All manipulations carried out must be controlled by the established norms of the Labor Code of the Russian Federation.

These workers are not covered. general rules, under Parts 3 and 4 of Art. 73 of the Labor Code of the Russian Federation. Regardless of the period specified in the medical report, the employer has the right to terminate the employment contract with such an employee (part 4 of article 73 of the Labor Code of the Russian Federation) if it is impossible to transfer to another job. If the employer decides not to dismiss the head (his deputy, chief accountant), then it is advisable to conclude an agreement with him of the parties on the removal of the head from work.

In the agreement, in addition to the general data of the parties, it is necessary to indicate the period for which he is suspended from work, as well as the procedure and amount of payment for the suspension period, if this is provided for by the local regulations of the employer.

Suspension from work for medical reasons

Attention

When pay is not suspended upon suspension It is important to understand that there are reasons for termination of employment that involve the preservation of wages or its partial accrual. For example, suspension from work is not a consequence of the fault of the employee, then the latter can count on the fact that he will receive 2/3 of his earnings. An example is the temporary transfer of an employee.

How to Pay for a Medical Suspension

Reviewer of the Legal Consulting Service GARANTZolotykh Maxim April 22, 2013 According to Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another available job that is not contraindicated for the employee for health reasons, and if the employer does not have the corresponding job, then the employer is obliged to in the medical report, the term to suspend the employee from work with the preservation of the place of work (position), while the employee is not paid wages, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, an employment contract. What are the exceptions to the rule on non-payment of wages for the period of suspension from work for medical reasons are meant in this situation? By virtue of h. 1 Article.

Info

Documentation of suspension for medical reasons An order for suspension from work for health reasons is issued by the employer in an arbitrary form, since there is no unified form established by law. If the employee agrees to a temporary transfer to another job, then the order is issued with the following wording: "for a period until the conclusion of an additional agreement with the employee on temporary transfer to another job." If there is no vacancy or the employee refused to transfer, then the order indicates the period established by the medical report

76 of the Labor Code of the Russian Federation, the employee was suspended from work without payroll. During the period of suspension, the employee brought a sick leave, which, according to Art.

The procedure for suspension from work for medical reasons is not fixed at the legislative level. But the employer is obliged to remove the employee if he becomes aware of contraindications for health. We can help you figure out how to issue a suspension from work for medical reasons or dismiss an employee on a medical report.

Read our article:

How to apply for a medical suspension

The employer is obliged to remove the employee from the performance of official duties as soon as he becomes aware of the presence of contraindications for health. At the same time, no one asks for the consent of the employee - this follows from par. 5 hours 1 art. 76, par. 12 hours 2 tbsp. 212 of the Labor Code of the Russian Federation.

At the same time, it should be noted that the procedure for suspension from work at the regulatory level has not been regulated. The employer has the opportunity to independently fix the procedure at the local level.

As soon as an illness that is incompatible with the performance of duties is detected, a person can be suspended from work without warning.

Read also:

In law enforcement practice, the following procedure has developed:

Step 1. Documentation. Flight attendant Alevtina came for a medical examination. The doctor diagnosed her with a heart murmur. These data must be properly documented - they will be the basis for removing Alevtina from work.

Step 2. Order. The diagnosis was handed over to the airline management. It is clear from the records that Alevtina cannot work as a flight attendant. In any form, an order is drawn up and issued on suspension from work for medical reasons.

Be sure to include in your order:

• Reasons for dismissing an employee
• the period during which he will not work;
• payment for this period, if any - since, according to the law, the suspended employee no longer receives a salary;
• links to medical documents that will confirm the correctness of your actions.

Step 3. Familiarization. Alevtina was summoned to the personnel department, showed the order and offered to sign next to the line "acquainted". There are two options here. The first - Alevtina will sign everything peacefully, the second - will refuse and will insist that she is healthy, the doctor made a mistake, "you have no right." Then it will be necessary to draw up a special act - also in an arbitrary form, call two witnesses from among the employees and read the order aloud to Alevtina in front of them. Once you have done this, your hands are clean, you have acted according to the law.

Read also:

Step 4. Fixing in the card. This is our strong recommendation: be sure to enter the details of the suspension on the employee's personal card in the "Additional Information" section. This will help you in the future to correctly calculate the length of service and the vacation period for the suspended employee.

Step 5. Fixing in the time sheet. There is a special code for this, either alphabetic or numeric - that is, you write in the report card or NB, or 35.

Suspension from work due to failure to pass a medical examination

As we mentioned above, when suspended from work for medical reasons, no salary is paid. And this is a good reason for a person to “forget” about his medical examination and not tell anyone about it.

If an employee has not passed a periodic medical examination - what to do? In this case, a report from the immediate supervisor most often falls on the table of the head of the enterprise, or a call comes from the doctor, or a certificate comes from the clinic where the examination is carried out ... different ways the truth comes to light.

Read also:

Remember: as soon as information about the failure of the medical examination came out, you must immediately remove the employee from work. To do this, an order is issued on suspension from work in connection with the failure to pass a medical examination - only the period there will be determined not by a specific date, but by an event, that is, the passage of a mandatory medical examination by an employee.

And until the employee brings you a certificate from the doctor about the passed medical examination, it is your sacred duty not to allow him to work.

Suspension from work for failure to pass a medical examination: sample

Suspension from the main activity is considered to be the exclusion of an employee from performing his own work duties for various reasons. The director may prohibit a citizen from performing certain activities, if the grounds for such are indicated in Article 76 of the Labor Code of the Russian Federation and other documents and regulations. The employee may not be allowed to work, but the employment contract continues to be valid. But such a situation can become a motive for laying off employees. Keeping him out of action is only a temporary measure.

How to apply for a suspension from work for medical reasons?

The non-admission process is based on the issued order. The reason may be a medical report in which doctors forbid a citizen to engage in certain activities. The doctor in this document indicates the period during which the citizen will not be able to continue working. The dependence of this period on the registration of a citizen for a position is direct. The decision of the doctor may adversely affect his career. If the term is more than 4 months, the employer must offer his subordinate free and vacant positions in the organization.

They are not there or the employee is not satisfied? Then the suspension from office is issued for the entire period according to the document on the medical report. The employer may refuse labor relations entirely. According to article 73 of the Labor Code of the Russian Federation, the employment contract with the citizen is terminated.

Suspension from work under the Labor Code of the Russian Federation

According to Article 76 of the Labor Code of the Russian Federation, an employer can remove an employee from activities if he finds that the medical reports with the testimony of a citizen are different. First of all, an appropriate order is issued, which regulates the removal of an employee from his current position. The employer must notify the citizen of the absence of vacancies or estates that are not contraindicated for the employee due to health reasons. At the same time, the period is checked, as a result of which the employee is recognized as unfit for work.

During the investigation

In accordance with the norms of the Labor Code of the Russian Federation and Article 76, it contains lists of grounds for employees. This includes the rules for withdrawal from activities and the time of verification as a result of an internal investigation. As well as a rule that obliges the employer to eliminate employees with regulatory legal acts of the Russian Federation.

The procedure for suspension from work in a state of intoxication

The document on non-admission, as a rule, is drawn up as a separate official paper. Each employee who is subject to temporary exclusion from the main activity is obliged to familiarize himself with it. The right to make such a decision is delegated by the employer. This applies to his own deputy, including the head of his unit, the foreman and the head of the site. The act should also indicate the place, including the time the document was drawn up, position and last name.

Sample letter of suspension from work for medical reasons

The exclusion of an employee from the main activity is documented by the order of the enterprise or company. The document reflects the reasons and grounds for which the employee is not allowed to work. It will serve as the main order for the accountant, who will be able to suspend payroll.

Legal Consequences of Illegal Suspension

Depending on the enterprise, the period of suspension from office may or may not be paid. According to Article 76 of the Labor Code of the Russian Federation, workers are not paid wages until they return to work. But if he was not admitted through no fault of his own, for example, he did not pass medical examination through the fault of the employer or training in labor protection, the time is paid in the form of downtime. Payment methods can be found in article 157 of the Labor Code of the Russian Federation.

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