Justification for non-appearance for medical reasons. Temporary suspension from work for health reasons. Translation for medical reasons

Temporary gap labor relations made on the basis of the order of the head. Articles 76, 331.1, 351.1 of the Labor Code of the Russian Federation indicate the moments at which the employer is forced to remove the employee from his position. In this case, it is mandatory to draw up an order.

Reasons for dismissal of a specialist from work:

does not meet the medical standards for the position;
no qualifications in the field of labor protection and safety;
is under the influence of alcohol, drugs, toxic substances;
there is no mandatory conclusion of a psychiatric and medical commission;
suspension of the license (less than 2 months) required for the implementation labor activity;
criminal prosecution, conviction of employees in the field of education, development and upbringing of minors;
requirement of the State Labor Inspectorate and the judiciary.

on medical indications;

for drunkenness;

for failing a medical examination.

How to file a suspension from work?

First of all, the document-foundation is documented (act or memorandum, certificate, medical report) required for ordering. Further on the basis this document an order is formed in free form.

To confirm the legality of actions, a commission is created to review the material. All committee members must sign.

Filling out the form

There is no unified form, the order is drawn up on the letterhead of the organization.

Necessary information:

date and number, name of the order;
Full name and position of the employee who is suspended from work;
structural unit (if any);
period of suspension from work (if the duration is up to 4 months, recommend another vacant position);
cause;
number and date of the basis document, by whom it was issued (if a certificate or conclusion);
the procedure for calculating the amount of wages (not to accrue at all or 2/3 of the tariff rate as for a simple one);
Full name and position of the employee who is assigned the duties of the suspended employee;
the position of the head, his signature and transcript;
position, signature with a transcript of the temporarily released specialist.

If the suspended employee refuses to read the order, the decision of the employer must remain the same. In addition to the package of documents, an act of refusal is drawn up, signed by the head and 2 more witnesses.

A seal is put, recorded in the register of orders and noted in the time sheet (BUT - suspension with payment, NB - without payment).

Frequent suspension orders due to drugs or alcohol intoxication are a prerequisite for terminating the employment contract with the employee.

Misconduct

The grounds for suspension from work must not be contrary to labor law. For officials and heads of enterprises, financial and administrative responsibility is provided.

Material - not received wage for the days the employee was wrongfully suspended. Administrative consists in imposing a fine, which increases several times with repeated non-compliance with the law.

Fines for illegal release employee from work under Article 5.27 of the Code of Administrative Offenses:

company or person

Violation

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:

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

If the order is made without legal grounds or was not accompanied by necessary documentation(notice), then the employee has every reason to protect his rights.

23.02.2016

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 labor contract stops with him. 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 suspension of the employee from work must be carried out to the maximum short time(in case of intoxication, for example), a simplified system can be used. Its essence is as follows: medical worker takes the initiative regarding the termination of work by a specific employee and presents the inspection 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.

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.

This information is also relevant for pregnant women. She may be suspended due to the need to transfer to a more gentle job based on relevant medical indications. This will save average pay work at the previous place of work.
She also has the opportunity to be released from activities while maintaining average salary in the event that a suitable new location has not been found.

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 while maintaining the place of work (position), while the employee is not paid wages, except as provided for by the Labor Code of the Russian Federation, other federal laws, collective agreement, agreements, employment contract. What are the exceptions to the rule on non-calculation of wages during suspension from work for medical reasons in this situation? By virtue of h. 1 Article.

Info

Documenting Suspension for medical reasons An order for suspension from work for health reasons is issued by the employer in an arbitrary form, since unified form not 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 for another job." If there is no vacancy or the employee refused to transfer, then the order indicates the period established by the medical report

2 tbsp. 73 of the Labor Code of the Russian Federation). At the end of the period specified in the medical report, the employee must be allowed to work. The employer draws up an order for admission to work, which he introduces to the employee against signature.
By virtue of Part 8 of Art. 6 of Law N 255-FZ, the allowance is paid in all cases for calendar days attributable to the relevant period, with the exception of calendar days falling on the periods specified in Part 1 of Art. 9 of Law N 255-FZ. Such periods include, in particular, the period of suspension from work, if wages are not accrued for this period (clause 2, part 1, article 9 of Law N 255-FZ). In other words, if the employee's incapacity for work occurred after his suspension from work and wages for the period of suspension are not accrued, temporary disability benefits for the calendar days falling on this period are not paid. Representatives of Rostrud adhere to a similar position (see the answer to the Question: In accordance with Art.

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 obligation of the employer, which he must apply in cases specified by law (for example, if a medical examination is not passed, or). One of the main reasons for this is medical indications.

Normative fixing

This requirement is enshrined in the labor code, namely in its articles:

76th, which describes the motives for the suspension, including medical.
213th- Mandatory medical examinations.
212th- about their consequences, depending on the result.
73rd, telling about how it is possible for medical reasons.

When is it possible

The wording of a medical suspension implies several different circumstances, which include:

Failure, for whatever reason, .
Refusal to undergo regular medical examinations, mandatory for all employees of the company.
Medical contraindication for work in this profession.
Identified during the passage of the commission, or in another way, a disease that interferes with the performance of work duties.

In all such cases, the management is obliged to suspend (temporarily) the worker, pending a final decision, which will depend on his health and medical opinion.

And this must be done in accordance with all the rules, with the consistent execution of the documents necessary for the removal.

Order and other documents

Medical opinion. This is the basis for non-admission of the worker to the performance of his duties. It must state the reason for and duration of the suspension.
Order. Mandatory document for removal.
Timesheet. In it, upon suspension, appropriate marks should be made: “NB”, if without payment, and “BUT”, if with.

There is no mandatory order form. It may be on company letterhead, or on a plain sheet, but the content must be as follows:

The usual header with the company name, order number and date.
The name of the order: "suspend from work."
Information about the suspended employee: initials, personnel number, place of work.
Grounds for removal (indicating the article of the Labor Code), the period of validity of the order.
Signature of the director and persons responsible for the execution.
Employee introduction.

In case of refusal to sign a worker, an appropriate act is drawn up on this occasion. The form is not relevant, but the following information should be recorded in it:

Reason for compiling.
Employee's initials.
The fact of his refusal to sign.
Signatures of witnesses.

You can download a sample order for suspension from work.

order samples

Algorithm

Identification of actual indications for dismissal from work in the medical field: obtaining a doctor's opinion, or not passing a medical commission.
Notice of this guide.
Issuance of an order for the temporary suspension of a worker.
Familiarization of the employee with the order.
Deciding on the sequence of further actions.
If the matter is in the commission, then the employee is given time to pass it.
With the temporary nature of the disease, its duration is determined.
If there are medical contraindications to work in this specialty, then the administration should find another job in the company.
Then comes the negotiation of new conditions.
Upon reaching a consensus, a new TD is concluded, if not, the worker is dismissed under the relevant article.

Features and terms

In the conclusion of doctors on the recognition of the impossibility of working in the profession, the period of this period must be indicated. The further algorithm of actions of the administration depends on this:

If the period of suspension is less than 4 months, then the worker will have to be given more easy job, and he is suspended for the time of re-registration and training. Salary in this case is saved.
If more, then the salary is not accrued, but the employee in the absence of light work.

Legal Consequences

Suspension is a temporary measure, but it must have its own legal implications. It:

Admission to work, after fulfillment of medical indications, or successful completion commissions.
Transfer to another, more light work by mutual agreement with the administration.
Dismissal if compromise on new job has not been reached.

Rights Protection

There is always a danger that the administration may take advantage of such an occasion to illegal dismissal. It is when.

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?

Since, unfortunately, there are not very many ideally healthy people in our country, 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 of a medical examination conducted in the organization, if such an examination is mandatory for the employee (for example, if he works in difficult or dangerous working conditions), or from a medical certificate, which 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). The conclusions are issued to citizens based on the results of medical examinations, medical examinations, medical examinations, on the basis of decisions taken medical commission, as well as in other cases when the legislation of the Russian Federation provides for the presence of a medical opinion.

Note:

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 exercise certain types 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.

Note:

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, an employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by law, the employer is obliged to transfer to another job he has that 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 set 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 for a permanent transfer is made in work book and employee ID 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 for medical reasons to lower paying job, he retains the average earnings from his 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 permanent loss of professional ability to work is established or until the employee recovers (Art. 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. The grounds for dismissal in the work book will look like this: “The employment contract was terminated due to the employee’s refusal to transfer to another job, which he needs in accordance with the medical report (or the employer’s lack of a relevant job).”

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, wages specified employees also not charged.

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.

Note:

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 shift), subject to compliance hygiene requirements prescribed by sanitary regulations.

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 normative act new sample forms have not been 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 severance pay in the amount of a two-week average salary (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) hazardous conditions labor (including underground work), as well as work related to the movement of transport (Articles 213, 238 of the Labor Code of the Russian Federation, the List of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out (examinations ), approved by the Order of the Ministry of Health and Social Development of the Russian Federation No. 302n (hereinafter - the List)).

Note:

According to the List of 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 rules for concluding an employment contract established by the Labor Code or other federal law, 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 this fact was revealed as a result of passing 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 vacant position, the employee is either suspended from work (in the event 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 the approval of the procedure for issuing medical organizations certificates and medical reports.

"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, forms of the rehabilitation program for the victim as a result of an accident at work and an occupational disease.

Drawing up an order for suspension from work occurs in cases where the management of the enterprise, for some reason, has the need to prevent one of the subordinates from performing official duties.

FILES

Most common reasons for suspension

To begin with, it should be said that suspension from work is not a right, but an obligation of the employer.

It happens due to certain circumstances. The most common reasons include:

the employee does not have a medical book with the necessary marks on the state of health;
medical contraindications;
lack of information about familiarization with the internal rules of labor protection at the enterprise;
the arrival of an employee at work in an inadequate state (drug, toxic, or alcohol intoxication).

There are other reasons for removal, but they are less common and are more of a point character.

The procedure for suspension from work

You can’t just take and remove an employee from work. To do this, you need to follow a certain procedure:

First of all, you should draw up a documentary basis in writing (for example, write an act), which must comply with Labor Code RF (Article 76), as well as others federal laws and local company regulations.
Then, on this basis, a separate order is drawn up, which specifies the reason for suspension from work, as well as the position and full name of the employee.

Only after that a person can be removed from the performance of his official functions.

It should be noted that the ban on work is always temporary, so the period of suspension must also be included in the order form.

Who makes the order

The direct function of drawing up a suspension order can be included in the duties of any employee of the organization who has certain knowledge of Civil and Labor law Russian Federation, as well as experience in writing such orders. As a rule, this is:

personnel officer;
specialist of the legal department;
secretary;
company director.

At the same time, it is always worth remembering that regardless of who specifically writes the order, it is issued on behalf of the director of the enterprise and must be certified by him.

How to back up an order

All orders issued in an organization must be based on something and justified by something. Most often, the basis in this case is either from the head of that structural unit in which the dismissed employee works, as well as an act that indicates a violation that resulted in suspension from work. As a justification, it is necessary to clearly formulate the reason, which is usually entered in the document after the words "In connection with ...".

If you form an unjustified order and do not make any references to the norms of the law or internal documents company, in case of inspections by controlling organizations (for example, labor inspectorate), it will be very easy to refute, and even more - for the lack of grounds for writing an order, the company's management can be held administratively liable.

Formation of a suspension order

To date, there is no standard unified sample of the suspension order, so that representatives of companies can write it in any form or according to the internal template of the organization. It is only important that the document in its structure complies with the norms of office work, and in terms of text and content - the rules of the Russian language.

It is also necessary that the order includes a list of certain information:

the name of the company in which it is published;
its number according to the internal document flow of the company;
date and place of compilation;
position and last name, first name and patronymic of the employee who has been suspended from work;
the reason for creating the order (in other words, to indicate the essence of the claim against the employee);
date or period of suspension from work;
references to the basis and justification (the act in which the violation is recorded, a memorandum or memo from the head of the department in which the dismissed employee works).

After that, the head of the enterprise enters into the order the employees responsible for its execution (usually this is the head of a structural unit or a personnel officer, but if these positions are not available in the organization, the director can take over this function).

Rules for issuing an order

The finished order must be necessarily signed by the director of the enterprise or a person authorized to act on his behalf (the use of facsimile autographs, i.e. printed in any way is not allowed). Also, the order must be signed by the persons responsible for its implementation, and the employee who is suspended from work.

If the latter refuses to put his signature under the order of the director, this does not become a basis for canceling the order. In such cases, another document-act on refusal to sign the order (for this, two witnesses should be involved).

There is no strict need to certify an order with a seal or stamp now, since since 2016 organizations have been exempted from the obligation to use stamp products in their work (unless this rule is included in their local acts).

After drafting the document

The order is usually drawn up in a single copy, but if necessary, additional copies can be made.

After drawing up and sighting in in due course it should be recorded in the internal ledger.

Then, during the period of validity, it must lie along with other orders of the director in a place closed to access by unauthorized persons, and after its relevance expires, it can be sent to the archive of the enterprise, where it must be stored for at least five years.