The procedure for issuing an order to suspend from work - an example for download. Suspension of an employee from work: grounds, order Sample order for suspension from work due to alcohol intoxication

Suspension of an employee is an infrequent procedure, but nevertheless it is very important to observe all the nuances during its documenting. Today we will consider the suspension from work of an employee in a state of alcohol, drugs or other toxic intoxication, as it causes the most questions among employers and attempts to challenge it by employees.

Article 76 Labor Code In the Russian Federation, the employer is obliged to suspend from work (not allow to work) an employee who appears at work in a state of alcoholic, narcotic or other toxic intoxication. That is, suspension is not the right of the employer, but his direct obligation. And in the event of adverse consequences resulting from the presence of a drunk employee at his workplace, the responsibility, among other things, will fall on the shoulders of the employer.

In order for the suspension to be lawful and the employee had no chance to challenge it, it is very important to properly execute this procedure. FROM examples all required documents You can read it by clicking on the links in the text of the article.

Where do we start?

Suspension from work in the organization is issued by order. But in order for it to be valid, it must have appropriate grounds for its publication. The document that initiates the removal procedure may be addressed to the head of the organization. It is compiled by the immediate supervisor of the employee or any other employee who has noticed signs of intoxication from his colleague. It must indicate the date, time of compilation, signs indicating the intoxication of the employee. The memorandum is registered in the register of internal notes for the organization and filed in the employee's personal file.

Following from the employee is recommended to request an explanation. In the explanatory note, the employee must substantiate the fact of appearing at work in such a state. It is clear that when intoxicated, the employee may not be able to adequately explain himself, but, on the contrary, uncontrolled handwriting and incoherent style of presentation of thoughts may be another confirmation of the corresponding state of the employee. In the future, an explanatory note can be used by the employer to resolve the issue of applying a disciplinary sanction to the employee. If the employee refuses to give an explanation, this must be recorded.

We draw up an Act on the presence of an employee at the workplace in a state of intoxication

In order to record the presence of an employee at work in a state of intoxication, it is necessary to draw up in the presence of at least two witnesses. The compiler can be both the immediate supervisor of the employee and the employee personnel service organizations. Despite the fact that the form of the act is not fixed by law, in order for it to be regarded as a basis for removing an employee from work, it must indicate:

1. date, exact time of its compilation;
2. place of compilation;
3. surname, name, patronymic of the compiler and those present;
4. the time of detection of an employee in a state of intoxication;
5. an indication of the presence in the preparation of the act of an employee who is in a state of intoxication;
6. the state of the employee, indicating the signs by which it is possible to draw a conclusion about the state of intoxication;
7. an indication of familiarization with the act of an employee who is in a state of intoxication, his signature, date or an indication of familiarization with the act of an employee who is in a state of intoxication and refusing to sign on familiarization with the specified act;
8. signatures of the compiler of the act and those present.

Highly important information in this act will be an indication of the signs confirming the fact of intoxication. If we talk about alcohol intoxication, then this is incoherent speech, the smell of alcohol in the exhaled air, an unsteady gait, lethargy / excessive agitation, inconsistency of behavior with social norms. If the latter is observed, then you need to specifically describe what this discrepancy is. The more detailed the condition of the employee is described, the better, since the act, in fact, records the testimony of those present. With the Act of the employee must be familiarized against signature. If this is not possible due to the fact that the employee is not able to understand what they want from him, the following entry should be made in the act: “A. A. Ivanov does not understand the questions addressed to him and the significance of his actions, due to why it is not possible to acquaint him with this act on the day of drawing up. This record is also signed by the compiler and those present. In the event that the employee deliberately refuses to familiarize himself, a corresponding entry is made in the act also signed by all those present.

Sending an employee for a medical examination

In order to 100% confirm or deny the fact of intoxication, an employee is required for a medical examination. He has the right to be taken to a medical institution that has the appropriate license, equipment and personnel of appropriate qualifications. The examination is carried out at the expense of the employer, but if the fact of intoxication is established, the employer will have the right to recover these costs from the employee. Delivery to a medical institution is carried out accompanied by a responsible person from the employer. Upon completion of the examination, the medical institution issues a medical certificate in two copies: one - to the employee, the second - to the accompanying person from the employer.

According to the generally accepted medical report, one of the following conditions will be reflected:

1. sober, no signs of alcohol consumption;
2. the fact of alcohol consumption was established, signs of intoxication were not detected;
3. alcohol intoxication;
4. alcoholic coma;
5. state of intoxication caused by narcotic or other substances;
6. sober, there are violations of the functional state, requiring suspension from work with a source of increased danger for health reasons.

If it is proved that the fact of consumption was, but there were no signs of intoxication, the employer does not have the right to remove the employee from work.

However, it is worth noting that the employer has no right to force the employee to undergo a medical examination, and the employee has every right to refuse it. In this situation, it is imperative to fix this fact by compiling an example of which you will also find in the appendix to the article.

Does an employer have the right to suspend an employee in the absence of a medical certificate?

There are frequent cases when not only the employee refuses to be examined, but the employer, for various reasons, does not have the opportunity to send the employee to the appropriate medical institution. In this case, guided by paragraph 37 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 “the drunken state of the employee can be confirmed as medical opinion, and other types of evidence, which must be assessed accordingly by the court. Such evidence will be the Act on the appearance of an employee in a state of intoxication. Based on the foregoing, we can conclude that the Act is quite sufficient grounds for removing the employee from work. Additional evidence can be memos, testimonies of other employees. However, it is worth noting that the employee has much more chances to challenge such a suspension in court in the absence of a medical certificate.

Suspension order

After the employer has received a conclusion with the results of a medical examination from a medical institution, or in its absence after the preparation of the Act on the employee's presence at work, it is necessary to issue and familiarize the employee with it against signature. The order indicates the reason for the suspension, as well as the period for which the employee will not be allowed to perform official duties. As a rule, the suspension period in case of intoxication is 1 business day.

The order must contain a note that the employee is familiar with it. In case of refusal to familiarize, it is necessary to draw up Act of refusal to familiarize with the order (6) or make a note in the order itself. Act on general rule is compiled in the presence of 2 more employees of the organization, not counting the compiler.

After the end of the suspension period, the employer issues Order for admission to work, with which the employee is also familiarized accordingly.

Salary

According to regulations labor law the period of suspension of an employee from work due to alcohol, narcotic and other toxic intoxication is not paid to the employee. In the time sheet, the days of suspension are marked with the letter designation NB or digital - 35.

A responsibility

Showing up to work while intoxicated is gross violation labor discipline on the part of the employee, and even a one-time act is sufficient grounds for dismissal of the employee (paragraph “b”, paragraph 6 of the first part of article 81 of the Labor Code of the Russian Federation). If the employer plans to resort to this measure, he needs to be especially careful when drawing up documents and following the entire procedure and not neglect the medical examination. If the court establishes that the employer did not provide sufficient evidence of the fact that the employee was intoxicated, the dismissal will be declared illegal, and the employer will be obliged to reinstate the employee at work, pay him forced absenteeism in the amount of average earnings and compensate for moral damage. For the unlawful deprivation of an employee of the right to work, the employer and his officials may also be subject to administrative liability (according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In conclusion, I would like to note that compliance with the suspension procedure and proper paperwork will mitigate the above risks and establish labor discipline In the organisation.

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.

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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:

1. First of all, it is necessary to draw up a documentary basis in writing (for example, write an act), which must comply with the Labor Code of the Russian Federation (Article 76), as well as other federal laws and local regulatory legal regulations of the company.
2. 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

Directly, the function of drawing up a removal order can be included in the duties of any employee of the organization who has certain knowledge of the Civil and Labor legislation of the 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, in this case, the basis is either from the head of the 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 the case of inspections by regulatory organizations (for example, a labor inspectorate), it will be very easy to refute it, and even more so - 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 endorsement in the prescribed manner, it should be registered in the internal register.

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.

Suspension from work is a situation that interests both managers and employees. In this article, we will look at what exemption from work is and in what cases it is possible.

The Labor Code does not have a separate concept of "suspension from work". This situation is understood as a prohibition for a worker to carry out his work activities forcibly. The ban is imposed by the head or authorized person.

Possible reasons for suspension

The release of a worker from the performance of his work functions cannot be carried out at the request of the boss. There must always be good reasons for such an action. The manager can remove his employee from the work process for several reasons. Let's consider them in more detail:

• the employee appeared at his workplace under the influence of alcohol or drugs;
• the employee did not undergo mandatory training, refused to demonstrate his skills and abilities;
• the employee refused to undergo a medical examination by doctors;
• if the worker has contraindications for the performance of work, which is provided for by the employment contract;
• if the employee temporarily ended a special right (the right to bear arms, the right to drive a car, etc.);
• if removal is required by authorized persons and state bodies;
• for other reasons established by law;
• if there is a medical certificate for the transfer of an employee if necessary (no more than four months).

Documentation procedure

Let us consider in more detail how the release of e from the execution of the workflow occurs, and how this situation is documented.

The release of an employee from the execution of the workflow does not mean his dismissal. The dismissal of an employee can only be in the following situations:

• the employee refused to be transferred, despite medical indications that require transfer to another position;
• if the reasons for which the employee was dismissed have not been eliminated;
• if a disciplinary measure in the form of dismissal is applied to the worker.

For how long can they not be allowed to work

The employee is released from labor process until all the circumstances that served as the basis for this have been eliminated. If the manager has identified the reasons why he is obliged to remove the employee not immediately, then release must occur as soon as the manager becomes aware of these circumstances.

In some stipulated cases, exemption from the workflow may be extended. Such cases include situations when a worker, for health reasons, needs to be transferred to another vacancy. If the manager does not have other vacancies that he can offer to the employee, there is a dismissal. But the manager may, at his discretion and the consent of the employee in writing, not dismiss him. The manager may suspend the employee for a period to be determined by both parties. This is an isolated case where a suspension can last more than four months.

If the worker did not pass the mandatory medical examination against his will, then this period of release is included in the length of service, which gives the right to annual rest in the form of leave.

Absence through no fault of the employee, illegal suspension or dismissal is also equated to seniority. Suspension for forced reasons is not included in the seniority.

How is the period paid?

Every employee who has experienced a suspension from work activities interested in wages. According to general order established by law, payment during the suspension of the worker does not occur. But there are some exceptions.

For example, if an employee has not been trained and has not shown his knowledge, and has not passed a medical examination against his will, he is paid cash for the entire period in which he was suspended. This time is considered downtime and is paid as downtime.

The payment of funds does not always lie with the head. There are cases when funds are paid from other sources. For example, if a worker is suspended due to being under investigation, is in the status of a suspect, then is entitled to a monthly allowance. This allowance is paid by the federal budget, or participants in the trial.

The main mistakes of the employer

Due to the fact that suspension from work occurs in enterprises quite rarely, managers make mistakes. Let's take a closer look at the most common mistakes.

Suspension controversy
Employees who file a lawsuit with their managers most often want to resolve the following issues:

• declare the suspension unlawful;
• collect payment of funds for the time when the employee was illegally suspended;
• collect money for forced absenteeism;
• return to work;
• collect money for downtime through no fault of your own;
• change the marks in the work book that relate to dismissal;
• dismiss and issue work book an employee;
• recover compensation payment and payment of moral damages.

According to the statistics studied, disputes that are associated with exemption from the work process are rarely associated with illegal suspension. Most often, errors occur in such cases when the manager and his personnel specialists are illiterate and incompetent in matters of dismissal of workers.

There is only one way to correct errors. It is necessary to cancel the order, recognize it as illegal and issue a compensation payment to the employee and wages. If this does not happen, the employee may apply to the court. According to judicial practice, it is more likely that the judge will take the side of the worker.

Suspension at the request of authorized persons

The manager must release the employee from the execution of his labor function if required by the competent authorities. Organs include:

• labor inspection;
• law enforcement officials;
• officials from the judiciary;
• prosecutors officials.

Authorized persons must issue a suspension document and submit it to the manager. The head must carefully read the document, check the correctness of its execution, study the decision of the body. If the document contains provisions that the exemption must be carried out on the recommendation and not in without fail, then the leader can make a decision himself.

It can be noted that the release of an employee from the performance of labor functions at the request of officials is a rare case.

Labor disputes that are associated with exemption from work activities require increased attention and preparation. Cases in which the parties come to an amicable agreement happen quite often.

Suspension of an employee - a situation of a legal nature, which is defined by labor legislation. For what reasons a worker can be dismissed, and what documents should be drawn up, we examined in detail in this article. Exemption from labor activity- this is a procedure that requires the head to identify the circumstances, draw up all the relevant documents, as well as the actual release.

The release from work is temporary, until the circumstances that caused this action are eliminated. It does not affect the employment contract in any way. But there are some cases when an employee can be released from work, followed by a disciplinary sanction in the form of dismissal.

Worker from work activity can remove not only the authorities, but also the authorized bodies. These bodies include law enforcement agencies, officials. Suspension occurs until the causes are eliminated. After the causes are eliminated, the employee can be re-admitted to the labor process, about which an order is created.

If the employee does not agree with the suspension, and considers it illegal, he can always discuss this issue with his supervisor. If the authorities do not go to the meeting, and will adhere to their position, the employee may apply for the protection of their rights to the judiciary. If the dismissal is indeed illegal, the judicial authority will issue a decision obliging the manager to correct the violations and pay compensation to the worker.

If the dismissal is made in accordance with labor standards, the judge will take the side of the leadership. But in any case, if an employee doubts the legitimacy of the employer's actions, you should not turn a blind eye to this. You need to defend your legal position. Only in this case, the head will be responsible, and there will be no desire to violate the law in the future.

In this video, the legislation on the removal of employees from performing work duties is analyzed in detail.

In situations where an employee commits certain violations of the labor charter, the employer may decide to temporarily suspend him from performing his duties. When the authorities have to resort to this type of disciplinary action, what is the procedure and content of the corresponding order to amend? The answers are later in the article.

Legal grounds

Among them:

• suspension from work due to alcohol intoxication, as well as narcotic or other toxic;
• for failure to pass a knowledge test in relation to the field of labor protection (in the same way as they are expelled from educational institutions on the basis of the relevant ones, but not permanently);
• suspension from work for failure to pass a medical examination;
• suspension from work medical indications, which confirm the impossibility of further implementation of labor activity by the employee;
• in connection with the shortage, if it occurred through the fault of the employee.

Thus, the reason for the removal of an employee from work may be his incapacity or a serious violation of the labor charter of the organization and the legislation of the Russian Federation.

Read how employees are fired due to loss of employer's trust

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

Depending on the situation, the procedure for the removal of an employee from the performance of his duties may vary.

Let's analyze the most common cases:

• When an employee appears in a state of alcoholic or drug intoxication, the employer must draw up an act on the spot describing the situation, behavior and explanations of the violator. Suspension occurs without delay;
• If an employee refuses to undergo a medical examination if possible. Usually in organizations this procedure is carried out at the expense of the employer. When an employee pays, refusal is not grounds for suspension from work;
• If an employee refuses to undergo training for advanced training. These courses are paid for by the organization, so waivers are not accepted here. If the employee, nevertheless, refuses, the employer gets the right to temporarily remove him from work at the enterprise.

All of the above grounds must be documented, otherwise the employer does not have the right to remove the employee from work.

Required documents:

• memorandum from the head of the working unit;
• act, signed by the head of the unit and other employees.

If there is evidence, an appropriate order is issued. The document is approved by the employer, after which it is transferred to the employee for review. If he does not provide good reasons which, according to the legislation, cancel the decision, it comes into force.

It is important to remember that the removal of a citizen from work is a temporary measure, and it has three options for further development:

• employee recovery;
• dismissal;
• transfer to another position.

During the time period while the employee is suspended from work, he does not receive a salary. An exception is when the suspension was carried out for reasons beyond the control of the employee (illness, emergency circumstances in the family, etc.), or if he is an employee of the Department of Internal Affairs. Payment terms are regulated.

Order to remove an employee from work

In order to carry out the procedure for removing an employee from work, the employer draws up and draws up an appropriate order.

• reason for dismissal of an employee official duties;
• the time period during which the employee will be suspended from work;
• the conditions under which the suspended employee will be paid wages;
• the presence or absence of a replacement, during the specified period;
• date of issue of the order;
• employer's signature.

Thus, if this is an order to suspend an employee from work for failing a medical examination, the document indicates the relevant information. If this medical examination is carried out at the expense of the company, then the employer is obliged to remove the employee from work if he refuses the procedure.

You can download the form of this order.

Effects

But what happens after the removal of an employee from work?

Much depends on the reason for the suspension. If it does not depend on the employee, then the conditions are significantly softened: the right to receive wages, the term is limited by the capabilities of the person being suspended, and no records appear in the labor.

However, if an employee was suspended due to appearing at work in a state of alcoholic or drug intoxication, or he refused to undergo a mandatory medical examination, then the situation changes radically.

First - he is temporarily deprived of the right to carry out, for a certain time, labor activity, as well as to appear at the workplace. This "works" regardless of the reason for the suspension. If an employee is injured or ill, he himself is not able to be at work. If the reason for the decision was a violation of the labor charter, the appearance is prohibited by order of the employer and on the basis of the labor legislation of the Russian Federation.

Second - as mentioned above, the employee is temporarily deprived of the right to receive wages, except in cases where the suspension was not through his fault.

Third, depending on the severity of the misconduct committed and compliance (or violation) by the employee with the requirements related to suspension, he either receives the right to return to work, or is transferred to another position, or loses workplace finally.

Can it be disputed?

Employees who are removed from the work process rarely agree with the employer's decision, but in what cases do they have the right to challenge it?

To find out, you need to consider illegal grounds for suspension from work. The list includes all the requirements of the employer that are not supported by the labor legislation of the Russian Federation. The latter are listed above. To be sure that you are right, you can contact a qualified lawyer for advice.

If an employee was suspended from work illegally, he can apply to the labor inspectorate with a request to reinstate him in his previous position and / or challenge the employer's order. An alternative is to issue statement of claim on the cancellation of the removal to the world court at the place of residence or address of the workplace.

• reinstatement at work in the previous position;
• payment to the employee of wages for the entire period of forced absenteeism, or the corresponding difference if there has been a reduction in the salary paid;
• changing the wording of the reason for suspension/dismissal;
• change in the date of suspension/dismissal;
• monetary compensation for moral and material damage.

In order for an employee to recover from a disputed suspension, the employer issues an order reversing the order that gave rise to the dispute.

Recovery procedure

If the employee agrees with the issued order for temporary suspension from work, he retains the right to be reinstated in his previous post. In fact, he was not fired, and this decision is temporary.

Upon the expiration of the specified period of suspension from work or as a result of a court order, the employer must follow the following procedure:

• Issue an order to reinstate the dismissed in his previous position - in accordance with Article 106 of the Federal Law No. 229 "On Enforcement Proceedings". The document states:
  • period of forced absenteeism;
  • the amount of monthly earnings, which is paid on a mandatory basis (if the restoration occurred as a result of legal proceedings);
  • monetary compensation for non-pecuniary damage (if the restoration took place in court);
• To formalize relations with the employee who replaced this post during the period of suspension. Options:
  • Transfer to another position, if any;
  • In the absence of an alternative position - dismissal, with the payment of two weeks of average earnings as a severance pay (under article);
• Make an appropriate entry in the work book of the reinstated employee, canceling the information about the dismissal (if any). Design rules, by columns:
  • a serial number is entered in column 1;
  • in column 2 - the date of the change;
  • in column 3 the following is written: “The entry under this number is invalid, restored to the previous job”;
  • Column 4 indicates a link to the employer's order to reinstate the employee in his previous position;
• Registration of a personal card of the restored. In particular, the correction of the record of dismissal. This process is not described by law, so usually the relevant information is simply crossed out, and the “additional information” column indicates that the restoration was carried out in accordance with a court decision or labor inspectorate, if any;
• Appropriate amendments are made to the work schedule (unified form

Suspension from work is a temporary exclusion of an employee from performing his main labor functions on the grounds specified in Art. 76 of the Labor Code of the Russian Federation.

Preventing an employee from work is not a right, but an obligation of the employer. But before that, he must issue a suspension in accordance with all the rules.

First of all, it is necessary to document the basis provided for in Art. 76 of the Labor Code of the Russian Federation. This is not yet an exhaustive list. An employee can also be suspended on other grounds, which are specified in federal laws and regulations.

For example, if an employee's activities are associated with viruses and diseases, then without preventive vaccinations, he does not have the right to start work.

Suspension is formalized by an order, which is issued on the basis of documents confirming that the employee cannot start work. For example, on the basis of a medical examination of alcohol intoxication.

An order to suspend an employee from work is drawn up on the letterhead of the enterprise and has a serial number. It must contain the following information:

full name and position of the dismissed employee;

if necessary, you can also indicate the name of the structural unit where this employee works;

the period for which the employer does not allow the employee to perform his immediate duties. Suspension is issued for a period until the reasons for non-admission are eliminated. If it is necessary to issue a suspension for up to 4 months, then the employee must be offered a transfer to another position;

methods of payment for the period when the employee is not allowed to work. The employer has the right not to pay this period, but can pay as a simple one - in the amount of 2/3 of tariff rate employee;

full name and position of the person who is charged by the employer with the duty to control the execution and compliance with the order;

grounds on which the employer dismissed the employee. You need the document itself, its number and date, as well as the name of the institution that issued this document. If the basis for non-admission is several documents, then it is necessary to list them all;

the position of the head, his personal signature and its transcript;

position, personal signature and its transcript of the employee who is suspended from work. The employee must put his signature as a sign that he is familiar with the order. This is done in case the employee decides to challenge the decision of the employer in court.

If the employee refuses to sign the order, this is not grounds for canceling the employer's decision not to allow this employee to work.

In case of refusal, the employer must draw up an act, which must be signed by two more witnesses and the employer himself (or an authorized person).

The order is stamped by the employer. After that, it is registered in the order established by law in the register of orders under its serial number.

Suspension from work due to alcohol intoxication

Suspension from work is a temporary measure that the employer is obliged to apply if the grounds specified in Art. 76 of the Labor Code of the Russian Federation. One such reason is alcohol intoxication.

In order to prevent such an employee from working, the employer must record the fact that he appeared at the workplace in a state of intoxication. This can only be done medical worker in a medical institution that has a license to conduct an examination.
According to Guidelines according to a medical examination, a medical worker can establish 5 states of alcohol intoxication of an employee. The punishment depends on how accurately the doctor determines the patient's condition.

Based on the medical report, the employer must draw up an order to remove such an employee from his duties.

The order is drawn up on the letterhead of the enterprise and has its own serial number. The order contains the following information:

• full name and position of the employee to be removed;
• if there is a need, then the structural unit must also be indicated;
• the period for which the employer does not allow the employee to work. As a rule, such a period is the period that is necessary to eliminate the grounds for non-admission. In this case, a period is needed for the employee to sober up;
• the document on the basis of which the order is drawn up. You must specify the number and date of the document, as well as medical institution which issued this document;
• full name and position of the person who is entrusted with the supervisory function for the execution and observance of the order;
• position, personal signature of the employer or his authorized person with a transcript;
• position, personal signature and transcript of the signature of the employee who is suspended from work;
• Date of preparation.

The employee must sign the order. This indicates that he is familiar with it. This is done in case the employee decides to challenge the employer's decision in court.
If the employee does not want to sign the order, then the employer must draw up an act, which, in addition to him (or an authorized person), must be signed by 3 more witnesses.

Suspension from work due to alcohol intoxication may be a prerequisite for the dismissal of such an employee.

You can download a sample order to suspend an employee from work in .doc format
by this link

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Suspension from work for medical reasons

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 section. 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.

You can download a sample order for dismissal from work for medical reasons here.

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 a medical examination due to 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.

"Personnel officer. ru", 2012, N 8

SUSPENSION FROM WORK FOR MEDICAL INDICATIONS

Labor Code Russian Federation a dismissal procedure is in place. In Art. 76 of the Labor Code of the Russian Federation lists various grounds on which the employer is obliged to remove the employee from work, that is, not to allow him to perform official duties. Suspension is not a right, but an obligation of the employer, who must take all measures to this end. One of the grounds for suspension from work is a contraindication, confirmed by a medical report (paragraph 5, part 1, article 76 of the Labor Code of the Russian Federation). The medical report must be issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

An employer may find out that it is contraindicated for an employee to perform work stipulated by an employment contract if he presents an appropriate medical certificate. There are also a number of professions whose representatives are required to undergo medical examinations before the start of the working day or shift. These include some employees working in jobs with harmful or dangerous working conditions, working at heights, drivers trucking companies etc. For such employees, the employer is obliged to organize a medical examination before the start of the working day in order to identify conditions in which employees cannot perform their official duties. Having received a medical report, which indicates the reasons for the impossibility of performing work, the necessary measures should be taken immediately. Also, contraindications to the performance of official duties can be identified during periodic or extraordinary medical examinations, which are carried out to determine the ability of employees to perform assigned work (Article 213 of the Labor Code of the Russian Federation).

According to par. 12 hours 2 tbsp. 212 of the Labor Code of the Russian Federation, the employer is obliged not to allow the employee to work in the following cases: if he has not passed the mandatory medical examination and if there are medical contraindications. Thus, the employer must suspend the employee from work for the entire period of time until the circumstances that were the basis for the non-admission are eliminated (part 2 of article 76 of the Labor Code of the Russian Federation). Since the duration of this period is not regulated by law, the period of suspension will be determined individually in each situation.

The employee submits a medical report, according to which he cannot perform his job duties, but can be involved in work with easier conditions. Therefore, it needs to be translated (part 1 of article 73 of the Labor Code of the Russian Federation). In this situation, the employer is obliged to offer all available vacancies that are suitable for the employee in terms of qualifications and are not contraindicated for health reasons. For transfer to another job, the employee must give his written consent. As a rule, the procedure for selecting vacancies, obtaining the consent of the employee and processing his transfer takes time and is rarely carried out in one day (on the day the employee submits a medical report). In the current situation, the employee has not yet been given a new job, and the employer does not have the right to allow him to his previous duties. For the duration of these procedures, the employee should be suspended.

The period of elimination of circumstances related to the decision to provide an employee with a new job does not always depend on the execution of the transfer procedure. In accordance with Art. 73 of the Labor Code of the Russian Federation, the transfer of an employee to another job can take place only after the written consent of the employee is received. The employer can quickly respond to the current situation and offer the employee a new job on the day the medical report is received. But the legislation does not specify the period within which the employee must give his consent to the transfer. He can take a look at the offer new job, but do not express your agreement or disagreement with the translation. In order not to delay the process, it is necessary to establish a period during which the employee must respond. The deadline for submitting a written consent or refusal can be specified in the new job offer. The stages and terms of registration of this procedure can be regulated in advance by the local normative act employer.

The procedure for issuing the dismissal of an employee from work

The Labor Code of the Russian Federation establishes the obligation of the employer to remove the employee from work if there are contraindications, confirmed by a medical report. However, the procedure for issuing a suspension from work is not regulated by law. After receiving a medical opinion, the employer must issue a suspension order (Appendix 1). Its form is not unified, so the employer must prepare an order in free form. The order must reflect all the necessary data: the surname, name, patronymic of the employee, his position and the period for which he is suspended from work. You should also indicate the details of the medical report - the date of issue and number. If the medical report indicates the period during which the employee will not be able to perform his duties, then this period is also given in the order. If there is no such information in the medical report, then the employer must set the deadline on his own: until the circumstances are clarified and a decision is made on the subsequent admission to work. If the employee is suspended from work for the period of processing the transfer, then the order must indicate the period during which the employee must agree to the transfer or refusal.

The duration of the period indicated in the medical report during which the employee will not be able to perform his main job is important. This will depend on the procedure for issuing a suspension. If the term in the medical report does not exceed 4 months, then the employer must provide the employee with another job he has that is not contraindicated for health reasons (Article 73 of the Labor Code of the Russian Federation). In this case, you can remove the employee for a while, while the procedure for transferring to another position is being processed. If suitable job no, or the employee refuses it, then the suspension is issued for the entire period specified in the medical report (part 2 of article 73 of the Labor Code of the Russian Federation). At the same time, for the period of suspension from work, the employee retains a place. For a period of suspension from work for medical reasons for up to 4 months, wages are not accrued.

If the period specified in the medical report exceeds 4 months, then the suspension is not issued. If an employee agrees to another job, a temporary or permanent transfer is issued. If the employer does not have a suitable job or the employee does not give consent, in accordance with Part 3 of Art. 73 of the Labor Code of the Russian Federation, an employment contract with an employee is terminated. Dismissal is issued in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

In accordance with Part 3 of Art. 76 of the Labor Code of the Russian Federation during the period of suspension from work due to medical contraindications, the employee is not paid wages. This provision must be brought to the attention of the employee and indicated in the order for suspension from work in order to avoid misunderstandings later.

The employee must be familiarized with the order against signature. In case of refusal to familiarize, an appropriate act is drawn up. The form of the act is not unified, so the employer can approve it independently. The main thing is that this document reflects the reason for which it is drawn up, the last name, first name, patronymic and position of the employee who refused to read the order, the date and place of compilation. The act must be certified by the signatures of witnesses.

When dismissing an employee, one more important nuance must be taken into account. In accordance with Part 2 of Art. 121 of the Labor Code of the Russian Federation, the time an employee is absent from work due to his dismissal is not included in the length of service giving the right to an annual basic paid leave. Therefore, it is important to reflect the suspension period in the personal card (Appendix 2) in order to subsequently take this period into account when calculating vacation days. In the unified form of the personal card of employee N T-2, there is no separate column for accounting for the period of suspension from work. This fact can be reflected in column X "Additional information". If the duration of the period of suspension is not known, then it is necessary to indicate its beginning, referring to the relevant order. When the employee is allowed to work again, you will need to specify the end date of the period.

The period of suspension of the employee from work must be reflected in the time sheet. Since wages will not be accrued during this time, the code "NB" (or the digital code "35") is used, as shown in Appendix 3.

Suspension of the head of the organization

Suspension from work for medical reasons can affect any employee, including the head of the organization. But for him, the registration procedure will be special. According to part 4 of Art. 73 of the Labor Code of the Russian Federation, the rules for the removal of the heads of the organization apply to the heads of branches, representative offices, heads of separate structural divisions as well as their deputies and chief accountants. If an employee belonging to one of the listed categories, in accordance with a medical order, cannot perform his duties, he should be offered another available job on a general basis. However, for managers it does not matter the period during which they are contraindicated in the performance of previous work. If the employee refuses to transfer or there is no suitable job for him, then the employment contract is terminated on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Dismissal occurs regardless of whether the employee needed a temporary or permanent transfer. However, in accordance with Art. 73 of the Labor Code of the Russian Federation, the employer has the right to remove the head from work. The removal of the head is made only with his written consent. To do this, it is necessary to draw up an agreement in which the consent of the parties will be recorded, as well as the period of suspension. When the head is removed, the period of suspension is determined by agreement of the parties. It must also be borne in mind that this period cannot be less than that indicated in the medical report. Please note: the execution of the removal of the head from work is the right of the employer, and not an obligation. During the period of suspension, the salary of the head is not accrued. In order to avoid misunderstandings, this fact is best reflected in the agreement mentioned above.

The procedure for issuing an employee's permit to work

In accordance with Part 2 of Art. 76 of the Labor Code of the Russian Federation, an employee is suspended from work until the circumstances on the basis of which he was not allowed to perform official duties are eliminated. Thus, at the end of this period, the employee must again return to the main job. The procedure for issuing a permit to work is also not regulated by law. If the medical report indicates the period during which the employee cannot perform his job duties, then the employer knows from which date to issue an admission. If the medical report does not indicate the exact period, then the employee must submit a new health certificate confirming the ability to return to their previous job. In any case, it is better to ask the employee to write a statement asking him to be allowed to work (Appendix 4). The basis will be a medical opinion. After that, an order for admission to work is issued in free form (Appendix 5). It must indicate the date from which the employee will begin to perform duties, as well as the position to which he will be admitted. In addition, the order should indicate the resumption of payroll. With this order, it is necessary to familiarize the employee against signature.

An example of an order

dismissal of an employee

Suspension of an employee from work

In connection with the identification of the driver Antonov N.P. contraindications for the performance of work, due to the employment contract of 04.04.2011 N 265, within three months from August 02, 2012.

1. Dismiss Antonov N.P. from work as a driver in the period from 08/02/2012 to 11/01/2012.

2. To the head of the personnel department Guseva V.A. prepare a notice of available vacancies.

3. To the chief accountant O. N. Vorobyova not to accrue wages to N. P. Antonov during the period of suspension from work.

Reason: medical report dated 02.08.2012 N 258.

General Director Makarov A. V. Makarov

Familiarized with the order:

Driver Antonov N. P. Antonov

Head of Personnel Department Gusev V. A. Guseva

Chief Accountant Vorobieva O. N. Vorobieva

An example of filling out a personal card of an employee N T-2

4th page of form N T-2

VII. AWARDS (INCENTMENTS), HONORARY TITLES

│ Name of the award │ Document │

│ │ name │ number │ date │

│Type of vacation │Work period│ Quantity │ Date │Basis-│

│training, without│ from │ to │vacation days│start│end│ │

│ 1 │ 2 │ 3 │ 4 │ 5 │ 6 │ 7 │

IX. SOCIAL BENEFITS,

to which the employee is entitled under

│Name of benefit│ Document │ Reason │

│ │ number │ date of issue │ │

X. ADDITIONAL INFORMATION

Suspension from work in the period from 02.08.2012 to 01.11.2012 in

in accordance with the medical report of 02.08.2012 N 258,

By order of 02.08.2012 N 153-k

XI. Grounds for termination

employment contract(layoffs) ______________________________

Date of dismissal "__" ___________ 20__

Order (instruction) N _____ dated "__" __________ 20__

HR officer ___________ _________ ___________________

position personal transcript of the signature

An example of a time sheet

Unified form N T-13

OKUD form │ 0301008│

Oda Limited Liability Company ├──────────┤

│ Number │ Date │ │ Reporting period │

│ 8 │ 31.08.2012│ │01.08.2012│ 31.08.2012│

WORKING TIME

│Number│Surname, │Ta - │ Marks of appearances and absences from work by numbers │Worked for│Data for payroll │ Absences for reasons │

│ by │ initials, │ white │ of the month │ │ by types and directions of costs │ │

│row│(special — │ │1 │2 │3 │4 │5 │6 │7 │8 │9 │10│11│12│13│14│15│ X│half-│month│ payment type code │ code │ days │code│ days │

days days │ │ │ │ │

│ 1 │ 2 │ 3 │ 4 │ 5 │ 6 │ 7 │ 8 │ 9 │ 10 │ 11 │ 12 │ 13 │ 14 │ 15│ 16 │

│ 1 │ Kulakov V.P. │ │ │ │ │ │

│ Transport

│ │ │ │ I│ I│ B│ B│ I│ I│ I│ I│ I│ B│ B│ I│ I│ I│ I│ I│ 12 │ │ │ │ │ │ │ │ │ │ │

│ │ │ │ 8│ 8│ │ │ 8│ 8│ 8│ 8│ 8│ │ │ 8│ 8│ 8│ 8│ 8│ 96 │ │ │ │ │ │ │ │ │ │ │ │

│ 2 │Antonov N.P. │ │ NB ​​│ 30 │ │ │

Responsible timekeeper Kozlov I. V. Kozlov Structural Department Kulakov V. P. Kulakov 31 August 12

position personal transcript position personal transcript

signature signature signature signature

position personal transcript

An example of a work permit application

Head of Human Resources General Manager

V. A. Guseva LLC "Oda"

I ask you to issue an order to A. V. Makarov

Makarov 11/01/2012 from the driver

I ask you to allow me to work as a driver in connection with the expiration of the suspension from work and the absence of contraindications to the performance of official duties.

01.11.2012 Antonov N.P. Antonov

In case N 3 / K N 189-k dated 01.11.2012

An example of an order for the admission of an employee to work

Limited Liability Company "Oda"

On the admission of an employee to work

In connection with the expiration of the suspension of Antonov N.P. from work as a driver, in accordance with the medical report of 02.08.2012 N 258

1. Allow Antonov N.P. to perform official duties as a driver from 02.11.2012.

2. To the chief accountant O. N. Vorobieva, ensure the calculation of wages for N. P. Antonov in accordance with staffing and an employment contract dated 04.04.2011 N 265 from 02.11.2012.

Suspension from work: procedure and grounds

"Human Resources Department commercial organization", 2012, No. 9

SUSPENSION FROM WORK: PROCEDURE AND GROUNDS

The driver of the organization was deprived of the right to drive a vehicle. It is clear that he does not have the right to perform his official duties. Also, an employee who has consumed alcohol at the workplace cannot fully work. In these and other cases, clearly established by the Labor Code, the employer must remove such employees from work. And if, for one reason or another, the employer does not do this, he can not only be held administratively liable, but also contributes to the creation of a threat to the life and health of employees or other persons, the interests of society, law and order. In the article we will tell you in which cases an employee should be removed from work (position), what obligations the employer has in connection with this, and what documents to draw up when removing the employee.

Suspension from work (non-admission to work) consists in the unilateral actions of the employer, which temporarily suspends the employee in cases established by law. Suspension from work is not an employer's right, but an obligation.

When an employee is suspended, the employment contract with him, as a rule, is not terminated, unless, in connection with the reason for the suspension, such a disciplinary measure as dismissal was applied to him. General cases of dismissal of an employee are established by Art. 76 of the Labor Code of the Russian Federation (we will consider them below), as well as other articles of the Labor Code, federal laws and other regulatory legal acts of the Russian Federation. The employer does not have the right to dismiss on grounds not provided for by law. So, in Art. Art. 330.4 and 330.5 of the Labor Code of the Russian Federation lists cases in which the employer is obliged to remove the employee from underground work (not to allow them to do so). Article 348.5 of the Labor Code of the Russian Federation defines cases of exclusion of an athlete from participation in sports competitions. And, for example, by virtue of Art. 18 of the Federal Law of 07.02.2011 N 3-FZ "On the Police" from the performance of duties related to possible application physical strength, special means and firearms, a police officer who has not passed a test for professional suitability for such actions is suspended. To obtain admission to work, such an employee must undergo certification for compliance with the position being replaced.

Note! In addition to the special grounds for the removal of employees of certain professions and positions, the employer must carry out the removal in the cases established by Art. 76 of the Labor Code of the Russian Federation.

The employer suspends from work (does not allow it) 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. During this period, the employee’s salary is not accrued, with the exception of cases provided for by the Labor Code of the Russian Federation or other federal laws. For example, in the event of a suspension police officer from the position he is paid allowance at the rate of official salary and a salary for a special rank, as well as an allowance to the salary of monetary maintenance for the length of service (length of service).

Article 2 of the Federal Law of July 19, 2011 N 247-FZ "On social guarantees employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.

First of all, we note that the suspension from work is carried out by order of the employer. But the employer must also issue other documents, depending on the reason for the suspension. Let's consider everything in order.

The appearance of an employee at work in a state of alcoholic, narcotic or other toxic intoxication. If an employee who is in a state of intoxication is found at work, the immediate supervisor, an employee of the personnel department or another employee of the administration of the organization draws up a report addressed to the head. The report shall indicate the full name. employee, date and time of the event, circumstances under which the employee was discovered. In addition, it is necessary to draw up a document confirming the fact of intoxication. According to paragraph 42 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution N 2), the state of alcoholic, narcotic or other toxic intoxication can be confirmed both by a medical report and other types evidence for the court to evaluate. Such a document may be an act drawn up by a commission of at least three people. The employee is introduced to the act against signature and offered to submit their explanations. If he refuses, a note about this is made in the act. Below is an example of such a document.

about the presence of the employee in the workplace

in a state of intoxication

- Head of the personnel department Malova B.E.;

— head of the sales department V. I. Zharov;

- office manager Vasilkova Yu. I. -

drew up this act stating that the manager of the procurement department Krasnov Artem Borisovich at 13 h 30 min. was in the warehouse of LLC "Dionis" in a state of intoxication. This condition was determined by the following signs: the smell of alcohol from the mouth, unsteady gait, slurred speech, inappropriate behavior.

Zharov V.I. /Zharov/

I am familiar with the act. Krasnov A. B. Krasnov

I agree to undergo a medical examination. Krasnov A. B. ________

Krasnov A. B. refused to undergo a medical examination.

Explanations of the employee: ________________________________________________

The worker refused to give an explanation.

Malova B. E. /Malova/

Vasilkova Yu. I. /Vasilkova/

On the basis of a memorandum, act or medical report confirming the fact of intoxication, the employer issues an order to remove the employee from work. The suspension period may be specified in the order. Since the suspension occurs for the entire period of time until the circumstances that were the basis for the suspension are eliminated, in this case the employee is suspended until he is completely sobered up. For how many days - the employer decides. In this case, the degree of intoxication, as well as the type of activity of the employee, should be taken into account. For example, drivers of vehicles, members of the crew of an aircraft cannot start work not only if signs of intoxication are detected, but also if there are residual effects. It is easier to make a decision if the fact that the employee appeared in a state of intoxication is confirmed by a medical report, since it should indicate the time when the level of alcohol or other substances drops to normal and the employee can start work. If there is no such conclusion and the employer finds it difficult to determine the term, it is better not to indicate it, and when the employee is able to work fully, issue a separate order for his admission to work.

We mentioned that an employee may not only be suspended from work, but also not allowed to work. So, for some categories, mandatory medical examinations have been established to establish signs of alcohol or other intoxication: pre-trip health checks of drivers (Article 20 of the Federal Law of December 10, 1995 N 196-ФЗ “On Safety traffic"(hereinafter - Law N 196-FZ)), pre-shift medical examinations of workers in the field of electric power industry (Article 28 of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry"), etc.

The procedure for exclusion from work is similar to suspension: on the basis of a document confirming the fact of alcohol or other intoxication, the employer issues an order to exclude the employee.

Failure by the employee to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner. In accordance with Art. Art. 212 and 225 of the Labor Code of the Russian Federation, the employer is obliged to provide training in safe methods and techniques for performing work and providing first aid to victims at work, instructing on labor protection, internships at the workplace and testing knowledge of labor protection requirements. Based on the results of the training, the employer must test the knowledge of employees about the requirements for labor protection. The procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations was approved by the Decree of the Ministry of Labor of Russia, the Ministry of Education of Russia dated January 13, 2003 N 1/29 (hereinafter - Resolution N 1/29). To conduct an inspection, by order of the employer, a commission is created consisting of at least three people who have been trained in labor protection and tested knowledge of labor protection requirements in the prescribed manner.

Note. The briefing on labor protection ends with an oral check of the knowledge acquired by the employee by the person who conducted the briefing, and is recorded in the relevant journals for conducting briefings with the signatures of the instructed, instructing and indicating the date of the briefing.

The results of the check are drawn up in a protocol in the appropriate form approved by Resolution No. 1/29. An employee who has successfully passed the knowledge test is issued a certificate signed by the chairman of the commission, certified by the seal of the organization, in the form approved by Resolution No. 1/29.

According to Decree N 1/29, an employee who has not passed the test of knowledge of labor protection requirements during training is obliged to undergo a re-test no later than one month after that. Before passing the re-inspection, the employee is suspended from work by order of the head. If the employee has not passed the knowledge test for the second time, he does not have the right to start work until will be tested. If an employee evades the test, he may be subject to disciplinary action(clause "c" clause 35 of Resolution No. 2).

Information about employees who have not passed the check is submitted to the head of the organization for their suspension from work and other measures.

A specialist has the right to demand from the heads of departments the removal from work of persons who do not have access to this type of work, who have not been instructed in the prescribed manner on labor protection, who do not use the provided personal protective equipment in their work, and who violate the requirements of labor protection legislation, the specialist has the right on labor protection in the organization.

Decree of the Ministry of Labor of Russia dated 08.02.2000 N 14 "On approval of the Recommendations on the organization of the work of the labor protection service in the organization."

Note that the employee must be dismissed on the specified basis not only at the request of the organization’s labor protection specialist, but also at the request of official supervisory authority, presented in the form of an order.

Note. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection through no fault of his own, he is paid the entire time of suspension from work as downtime - at least 2/3 of the average wage (part 3 article 76 of the Labor Code of the Russian Federation).

Failure by an employee to pass, in the prescribed manner, a mandatory medical examination (examination), as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation. By virtue of h. 2 Article. 212 of the Labor Code of the Russian Federation in cases provided for by labor legislation and other regulatory legal acts containing norms labor law, the employer is obliged to organize at its own expense mandatory preliminary (when applying for a job), periodic (during employment) and other medical examinations, mandatory psychiatric examinations. And the employer is obliged not to allow employees to perform their labor duties without passing mandatory medical examinations (examinations, psychiatric examinations), as well as in case of medical contraindications.

An employee who has not passed a mandatory preliminary or periodic medical examination or a psychiatric examination is suspended from work (not allowed to work) until such an examination is passed. At the same time, the employer must remember that he must provide the employee with conditions for undergoing a medical examination: release from work for the duration of the examination, transfer payment to a medical organization, etc.

If an employee evades undergoing a medical examination, the employer may bring him to disciplinary liability (paragraph “c”, paragraph 35 of Resolution No. 2).

Note. In cases of suspension from work of an employee who did not pass the mandatory medical examination (examination) through no fault of his own, he is paid for the entire time of suspension from work, as a simple one - at least 2/3 of the average salary (part 3 of article 76 of the Labor Code of the Russian Federation ).

The basis for issuing a removal order in this case will be a document confirming the fact of failure to pass a medical examination. It could be explanatory worker or his written refusal to undergo an examination, a certificate or other document of a medical institution about the employee’s failure to appear for an examination, an act of the employer refusing to undergo a medical examination.

Identification, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, of contraindications for the employee to perform work stipulated by an employment contract. According to the same part 2 of Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are not allowed to perform their labor duties in case of medical contraindications. They can be identified as a result of both a medical examination passed by an employee due to the requirements of the law or on his own initiative, and other medical procedures.

If the medical report contains contraindications for the performance of the labor function by the employee and he needs to be provided with another job, then the period of suspension is the period of time until the employer formalizes the transfer of the employee.

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 the manner established by Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 N 441n and other regulatory legal acts of the Russian Federation, with his written consent, must be transferred to another job available to the employer not contraindicated to the employee for health reasons. If he refuses to transfer or there is no corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report, while maintaining the place of work (position). During the suspension period, the employee’s salary is not accrued, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreement agreements, employment contracts.

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

Note! If, in accordance with a medical report, an employee needs temporary transfer to another job for a period of more than four months or in a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Suspension for a period of up to two months of the validity of an employee's special right (license, right to drive a vehicle, to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation. Permission to perform certain types work is the receipt by the employee of a special right, which is expressed in the form of a certificate, permit, license, etc.:

- a driver's license for drivers - confirms the right to drive vehicles(Article 27 of Law N 196-FZ);

- certificate (certificate) for aircraft control (clause 1, article 53 of the RF VC);

- a license for the right to engage in notarial activities (Article 3 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-1);

- a license to carry weapons (Federal Law of December 13, 1996 N 150-FZ "On Weapons", Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814, etc.) .

The Administrative Code, among other measures of responsibility, provides for the deprivation of a person of a special right for a period of one month to three years, which is carried out by withdrawing a document certifying such a right.

Note! If a temporary certificate was issued to a person (driver) prior to the issuance of a decision on an administrative violation, this will not be grounds for removal, since in this case the employee can perform his labor duties.

So, the employer can remove the employee on this basis only if the employee has been deprived of a special right for up to two months. If the term is more than two months or the employee is generally deprived of this right, the employment contract with him is terminated in accordance with paragraph 9 of part 1 of Art. 83 of the Labor Code of the Russian Federation.

In case of suspension of the special right for a period of up to two months, the employee must be offered a transfer, with his written consent, to another job available to the employer (as vacant position or a job corresponding to qualifications, and a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given locality, and in other localities - if this is provided for by the collective agreement, agreements, labor contract.

The basis for issuing an order will be a decision to bring the employee to administrative responsibility and his written refusal to transfer to another position. The period of suspension shall be clearly indicated in accordance with the period of suspension of the special right.

If the employee has other duties for which a permit is not required, he is only suspended from performing those functions for which a special right is required.

At the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation. The employer is obliged to suspend the employee from work if the relevant decision of the competent body or official has been made in relation to him. These include:

- the court (Articles 29, 114 of the Code of Criminal Procedure of the Russian Federation);

— government inspectors labor. They have the right to present employers with orders to remove those guilty of violating labor legislation from their positions in the prescribed manner, as well as to remove persons who have not been trained in safe methods and techniques for performing work in the prescribed manner, briefing on labor protection, internships in the workplace and testing knowledge of the requirements labor protection (Article 357 of the Labor Code of the Russian Federation);

- state sanitary doctors and their deputies. Issue decisions on temporary suspension from work of persons who are carriers of pathogens infectious diseases and can become sources of their distribution due to the peculiarities of activity or production (paragraph 4, paragraph 6, paragraph 1, article 51 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological well-being of the population”);

- state engineers - inspectors of Gostekhnadzor. They have the right to issue orders to suspend employees from work due to unsatisfactory knowledge of the rules, regulations and instructions for industrial safety in the field of state supervision over the technical condition of self-propelled machines and other types of equipment in the Russian Federation (Decree of the Government of the Russian Federation of December 13, 1993 N 1291 "On state supervision of the technical condition of self-propelled machines and other types of equipment in the Russian Federation");

The basis for issuing a removal order at the request of an authorized body or an official may be a decision, resolution, protocol or instruction. When receiving such a document, the employer must make sure that the request is made by the appropriate body or official, whether it is correctly executed, and check which decision it contains. If the document gives recommendations, and does not require the removal of an employee, the employer decides whether to remove the employee or not.

We have dealt with the documents on the basis of which the removal order is drawn up. Now let's look at how to draw up an order correctly, since there is no unified form of such a document. The order must specify:

- surname, name, patronymic and position of the employee;

- the basis on which he is suspended from work;

- suspension period. We recommend specifying the period of suspension only in cases of suspension in connection with the deprivation of the employee of a special right or at the request of the body or official in accordance with the document of the authorized body or official in which such a period is indicated. In other cases, it is better to write the start date of the period, and mark its end with the phrase “until the violation is eliminated”;

- details of the decision or order of the relevant official or body that ordered the dismissal of the employee;

- the date of commencement of work after the suspension (if known);

- condition on payment of the suspension period.

Below is an example of such an order.

on dismissal from work

In connection with the failure to pass the procedure for testing knowledge and skills in the field of labor protection in accordance with the Instruction on labor protection of Dionis LLC dated 10.06.2011, on the basis of Art. 76 Labor Code of the Russian Federation

1. Suspend Vadim Dmitrievich Sokolov, a forklift driver, from work from 06/12/2012 until he undergoes a re-test of labor protection knowledge.

2. V. D. Sokolov shall not be charged wages for the period of suspension.

3. I entrust the control of the execution of this order to the inspector for labor protection O. V. Vasiliev.

Basis: memorandum of labor protection inspector O. V. Vasiliev dated 06/11/2012.

Director Barinov /A. B. Barinov /

Occupational safety inspector Vasiliev /O. V. Vasiliev /

With the order to remove the employee, they are introduced against signature. If he refuses to sign, an entry about it is made in the order.

The suspension of an employee must also be reflected in the time sheet ( unified forms T-12, T-13). The period of suspension is marked by putting down an alphabetic (NB) or digital (35) code (suspension from work (non-admission to work) for reasons provided for by law). An entry on the dismissal of an employee from work is not made in the work book.

Despite the fact that there is no obligation to enter information about suspension on a personal card, in order to ensure internal accounting and to calculate the length of service for granting leave, it is still better to enter data on suspension and admission in section. 10 "Additional information".

Note! The suspension time is not included in the length of service, which gives the right to an annual basic paid leave (part 2 of article 121 of the Labor Code of the Russian Federation), as well as during the period of work, which gives the right to early appointment of an old-age labor pension.

Rules for calculating periods of work giving the right to early appointment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On labor pensions in the Russian Federation", approved. Decree of the Government of the Russian Federation of July 11, 2002 N 516.

As already mentioned, if the expiration date of the suspension is not indicated in the suspension order, admission to work is made by order, a sample of which is given below.

Limited Liability Company

about admission to work

In connection with the passage of the employee's knowledge and skills in the field of labor protection on 20.06.2012

1. On June 23, 2012, Vadim Dmitrievich Sokolov, a loader driver, is allowed to work.

2. From 06/23/2012, the accounting department will calculate wages for V. D. Sokolov in accordance with the time sheet.

Grounds: protocol of the commission dated 06/20/2012 N 25, order on dismissal dated 06/12/2012 N 13.

Acquainted with the order:

Loader driver Sokolov /V. D. Sokolov /

Suspension of the head of the organization

Separately, consider the dismissal of the head of the organization.

First of all, he can be removed due to failure to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner, since, by virtue of Art. 225 of the Labor Code of the Russian Federation and clause 1.5 of Decree N 1/29, all employees of the company, including its head, are subject to such training and verification. It is he who is responsible for organizing timely training and testing knowledge on labor protection.

Also, the basis for dismissal from work (and for termination of the employment contract) of the head is the decision arbitration court, according to which the court removes the head of the debtor organization from office at the request of the interim manager in case of violation of the requirements of the Federal Law of October 26, 2002 N 127-ФЗ “On Insolvency (Bankruptcy)” (clause 1 of article 278 of the Labor Code of the Russian Federation).

In addition, the heads of non-governmental organizations may be removed in the event of a state of emergency being introduced on the territory of the Russian Federation due to their failure to comply or improper implementation of the measures provided for by Federal Constitutional Law No. 3-FKZ of May 30, 2001 “On the State of Emergency” (p. article 11, paragraph "c" article 13).

The head of a commercial organization may be removed based on the requirement judicial authority in connection with bringing to criminal responsibility, for example, under Art. 176 of the Criminal Code of the Russian Federation - for illegally obtaining a loan.

The complexity of the dismissal of the head lies in the fact that the legislation does not establish the appropriate procedure. If guided by paragraph 4 of Art. 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies”, the head is suspended from work (suspends authority) on the basis of the minutes of the board of directors. BUT federal law dated 08.02.1998 N 14-FZ "On Limited Liability Companies" does not provide for the suspension of the director's powers at all - nor by collegiate executive body, nor a meeting of founders.

Thus, it is better to define the procedure for removing the head of the organization in the charter of the organization. As a rule, the removal of a director is carried out on the basis of the minutes of the meeting (decision) of the participants (s) of the company.

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