The theory of everything. Theory of everything Judicial practice under Art 73 of the Labor Code of the Russian Federation

The full text of Art. 73 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 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 federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer must transfer to another job available to the employer that is not contraindicated to the employee for health reasons.
If an employee who, in accordance with a medical certificate, needs to be temporarily transferred to another job for up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical certificate, preserving the place of work ( positions). During the period of suspension from work, the employee's wages are not charged, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, labor contracts.

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

An employment contract with the heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical certificate, need to be temporarily or permanently transferred to another job, if the transfer is refused or the employer does not have the appropriate work, it is terminated in in accordance with paragraph 8 of the first part of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, the wages of these employees are not charged, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, labor contracts.

Commentary on Article 73 of the Labor Code of the Russian Federation

1. The commented article deals with a special case of transfer related to the protection of an employee who cannot continue to perform his job due to deteriorating health.

In relation to the employee, the impossibility of continuing his previous work due to the employment contract, confirmed by a medical certificate, must be established. So, for example, from the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated December 25, 2012 in case N 33-14161 / 2012, it follows that the employer lawfully applied Art. 73 of the Labor Code of the Russian Federation, taking into account the fact that the work provided to the employee was associated with psycho-emotional stress, proceeded according to the schedule, which was contraindicated for him according to the certificate issued by the health care institution.

The procedure for issuing a medical certificate is currently established by order of the Ministry of Health and Social Development of the Russian Federation of May 2, 2012 N 441n. In accordance with clauses 10, 12-13 of the specified Procedure, a medical certificate may be issued to an employee based on the results of medical examinations, medical examinations, medical examinations, as well as decisions taken by the medical commission, and in other cases.

The medical report must contain a comprehensive assessment of the state of health of the citizen, including, in particular, a description of the examination and (or) treatment, their results; assessment of the validity and effectiveness of medical and diagnostic measures, including the appointment of drugs; substantiated conclusions about the presence (absence) of a disease (condition) of a citizen, risk factors for the development of diseases, about the compliance of the employee's health status with the work entrusted to him.

Certificates are usually issued in any form with a stamp of a medical organization or on the letterhead of a medical organization (if any), signed by a doctor (paramedic, midwife), certified by the doctor's personal seal and the seal of the medical organization.

As for the loss of an employee's professional ability to work as a result of accidents at work and occupational diseases, in this case, the degree of loss of professional ability to work is established by the institution of medical and social expertise as a percentage at the time of examination of the victim. At the same time, if there are grounds, the need of the victim in medical, social and vocational rehabilitation is determined, and the victim can also be recognized as a disabled person (clauses 2, 3 of the Rules for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases, approved by the Government of the Russian Federation dated October 16, 2000 N 789).

Order of the Ministry of Health and Social Development of the Russian Federation of October 20, 2005 N 643 approved the 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 as a percentage and recommendations for filling them out.

2. It is not excluded that an employee who has received a corresponding medical certificate does not present it to the employer.

It should be borne in mind here that in accordance with Part 1 of Art. 9 of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation" state authorities and local authorities, medical organizations and other organizations interact to ensure the rights of citizens in the field of health protection and are responsible, within their powers, for ensuring guarantees in the field of health protection, established by the legislation of the Russian Federation.

Moreover, according to Part 1 of Art. 13 of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation" information about the state of health of a citizen and his diagnosis, other information obtained during his medical examination and treatment, constitutes a medical secret. The exceptions are cases defined by law, including the threat of the spread of infectious diseases (clause 2, part 4, article 13 of the Federal Law "On the basics of protecting the health of citizens in the Russian Federation").

At the same time, Art. 88 of the Labor Code of the Russian Federation establishes that the employer does not have the right to request information about the health status of the employee, with the exception of those information that relate to the issue of the employee's ability to perform the labor function.

Consequently, the employer (if he has suspicions about the health status of the employee and in his interests) has the right to contact a medical organization with a request to provide information about the health status of the employee related to the issue of the employee's ability to perform a job function, and receive an answer that then it can serve as the basis for the transfer of the employee to another job in accordance with the medical report. This is indicated, in particular, in the ruling of the Primorsky Regional Court of October 1, 2012 in case No. 33-8667.

3. Article 76 of the Labor Code of the Russian Federation provides that the employer does not have the right to admit the employee to the previous work if contraindications for its performance are identified in accordance with the medical report.

Consequently, the moment of informing the employer with the content of the medical report is associated with:
- with the termination of his right to demand from the employee to perform work on the same terms;
- with the obligation to ensure the suspension of the employee from work stipulated by the employment contract, until the issue of its change or termination is resolved, or until the expiration of the period during which, according to the medical opinion, there are contraindications.

As the commented article establishes, in this case, the employer is obliged to transfer the employee to another job that is not contraindicated for the employee for health reasons. The harmlessness of a new job in relation to the identified state of health of the employee must be thoroughly investigated by the employer (in this case, consultations with specialists are advisable).

Here we can talk about both a temporary transfer and a permanent one, depending on how long is indicated in the medical report.

The employer is obliged to offer the employee in writing all vacancies available to him that correspond to the professional level of the employee and are not contraindicated for him for health reasons, or, also in writing, inform the employee about the absence of such vacancies.

The period within which the employer is obliged to take the appropriate measures is not established by the commented article. It seems that the employer should take the above steps immediately, so as not to hinder the employee from exercising his right to work.

According to Art. 182 of the Labor Code of the Russian Federation, when an employee is transferred who, in accordance with a medical certificate, needs to provide another job to another lower-paid job, this employer retains the average earnings from the previous job for one month from the date of transfer (see).

When transferring in connection with work injury, occupational disease or other damage to health associated with work, the average earnings are retained until a permanent loss of professional disability is established or until the employee recovers.

Also, for example, paragraph 4 of Art. 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1 "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" establishes in relation to citizens who have received or have suffered radiation sickness, other diseases, and disabled people as a result of the Chernobyl disaster, what they do additional payment up to the amount of previous earnings when transferring for medical reasons to a lower-paid job until the restoration of working capacity or until the establishment of disability.

It is important to remember that the transfer of an employee to another job in accordance with a medical report, like any transfer not related to emergency situations, is possible only with the written consent of the employee. Accordingly, the employee has the right to either provide his consent to the transfer or refuse it.

4. The commented article considers the cases when the medical opinion implies the need to transfer the employee to another job, but the employer does not have another job suitable for the employee due to his health, or the employee refuses to transfer. In this case, we can talk about the need for translation established by the medical opinion:
- for up to four months. In this case, the employer is obliged to suspend the employee from work for the entire period specified in the medical certificate, while retaining the place of work (position). Thus, a kind of expectation by the employer of the employee's recovery is envisaged. After the expiration of the period specified in the medical certificate, the employee can start performing the previous work (during his absence, it is possible for the employer to accept another employee under a fixed-term employment contract).

However, during the period of suspension from work, the employee is not paid. Exceptions may be provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements or directly an employment contract.

Suspension from work is carried out by the appropriate order of the employer, the basis of which is a medical report, a written refusal of the employee from the proposed work, suitable for him for health reasons, or proof of its absence from the employer.

It should also be noted that in Part 2 of Art. 33 of the Federal Law "On the Sanitary and Epidemiological Well-Being of the Population" refers to persons who are carriers of pathogens of infectious diseases, if they can be sources of the spread of infectious diseases due to the peculiarities of the production in which they are employed, or with the work they perform. Such workers, with their consent, are temporarily transferred to another job that is not associated with the risk of spreading infectious diseases, and if it is impossible to transfer, on the basis of decisions of the chief state sanitary doctors and their deputies, they are temporarily suspended from work with payment of social insurance benefits.

Consequently, in this case, in order to remove an employee from work, an appropriate resolution of the said officials is necessary;
- for a period of more than four months, as well as when establishing the need for permanent transfer of an employee to another job in accordance with a medical report. In this case, the employment contract may be terminated (the employee's refusal to transfer to another job that is necessary for him in accordance with the medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the appropriate job).

Considering that the termination of an employment contract on this basis is a rather serious step, and in judicial practice, there are frequent cases of workers applying for reinstatement at work upon dismissal under paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, the employer should pay special attention to the content of the medical report.

So, for example, the court found that, according to the conclusion of the health care institution, the illness S. suffered from - an acute respiratory viral infection complicated by nasopharyngitis - did not interfere with her work duties after the treatment and discharge to work. The opinion was of a recommendatory nature and did not indicate the need to transfer the plaintiff to another job.

At the same time, the employer did not take action to establish a diagnosis that prevented the plaintiff from performing his official duties. The court considered that S.'s dismissal in accordance with paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation was made by the employer without sufficient grounds (see the appeal ruling of the Moscow City Court of November 14, 2012 in case No. 11-27078).

At the same time, the commented article establishes not the right, but the obligation of the employer to consistently take all the envisaged measures when receiving a medical opinion on the impossibility of performing the employee's previous work.

So, in accordance with the final act of the health care institution A., work in contact with dust, irritating, sensitizing substances was contraindicated. According to the measurements of the parameters of the dust content at the employer's enterprise, at the site of work A., an increased dust content has been established. The court, having concluded that while continuing to work in the previous position, A.'s health condition could have deteriorated, considered her dismissal to be lawful under paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (see the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated December 11, 2012 in case N 33-14219 / 2012).

It is noteworthy that in this case it is possible to terminate the employment contract during the period of temporary disability of the employee.

As indicated in the definition of the RF Armed Forces of November 25, 2011 N 19-B11-19, establishes a ban on the dismissal of an employee during the period of his temporary incapacity for work and while on vacation (except for the case of liquidation of an organization or termination of activities by an individual entrepreneur) only at the initiative of the employer ... However, such grounds for dismissal as the employee's refusal to transfer to another job, which he needs in accordance with the medical opinion, does not apply to the grounds for terminating the employment contract on the initiative of the employer, in accordance with Part 1 of Art. 81 of the Labor Code of the Russian Federation.

5. In accordance with the medical opinion, temporary or permanent transfer to another job may be needed by workers who are united by the legislator into a separate group, namely:
- heads of organizations;
- heads of branches, representative offices or other separate structural divisions of the organization;
- deputy heads of both the organizations themselves and their separate structural divisions;
- chief accountants.

As follows from the definition of the Armed Forces of the Russian Federation of November 25, 2011 N 19-B11-19, if workers from these categories refuse to transfer or if the employer does not have appropriate work, the employment contract is terminated on the basis of clause 8, part 1 of Art. 77 of the Labor Code of the Russian Federation, regardless of how long it is necessary to transfer to another job.

In other words, even in the case when it follows from the medical report that the transfer period is no more than four months, such employees are not subject to suspension from work with retention of their place of work (position), which is associated with the performance of the most important (including, management) functions and the need for the employer to take operational measures aimed at the smooth operation of the organization.

Despite the fact that the legislator does not establish an obligation for the employer to remove managers, their deputies and chief accountants from work, with the written consent of these employees, he may decide not to terminate the employment contract with them.

In this case, it is possible to suspend employees from work for a period determined by agreement of the parties, including more than four months. In any case, this period cannot be less than that indicated in the medical report.

As a general rule, during the period of suspension from work, the wages of these workers are not charged, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws, collective agreements, agreements, labor contracts.

Another commentary on Art. 73 of the Labor Code of the Russian Federation

1. When transferring an employee for medical reasons, the relevant medical organization is the initiator of such transfer. The basis for the corresponding medical opinion is the change in the health status of the employee, i.e. the emergence of a factor that is objective for the parties to the employment contract. As noted above, a duly issued medical certificate on the need for an employee to be transferred to another job is mandatory for the employer, however, the transfer can be made only with the written consent of the employee.

2. As follows from the content of the commented article, the fate of an employment contract with an employee who needs a transfer for health reasons, but refused such a transfer, as well as if the employer does not have an appropriate job, is determined by the time of transfer.

If the term for transferring to another job, according to the medical report, does not exceed four months, then if the employee refuses to transfer or if the employer does not have an appropriate job, the employee is suspended from work with the suspension of payment of wages to him.

Persons who are carriers of pathogens of infectious diseases, if they can become sources of the spread of infectious diseases due to the peculiarities of production or the work they perform, with their consent, are temporarily transferred to another job that is not associated with the risk of spread of infectious diseases. If it is impossible to transfer on the basis of decisions of the chief state sanitary doctors and their deputies, they are temporarily suspended from work with the payment of social insurance benefits (Article 33 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological welfare of the population").

If, by virtue of a medical opinion, an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate work, the employment contract is terminated in accordance with paragraph 8 of Art. 77 TC.

3. Parts 2 and 3 of the commented article determine the fate of an employment contract in different ways.

Upon the occurrence of the circumstances specified in part 3 of the commented article, the employment contract is terminated from the moment the employer receives a medical opinion (if the employer does not have the appropriate work) or from the moment the employee refuses the proposed transfer. Contrary to the imperative nature of this rule, the employment contract by agreement of the parties can be retained (for example, the employee is suspended from work until the expected moment of the appearance of the corresponding vacancy by the employer, regardless of the fact that the expected period of its occurrence exceeds four months and cannot be determined accurately at all).

If the medical opinion is based on the assumption that the period of temporary incapacity for work of the employee will not last more than four months, then if it is impossible to transfer to another job in the event of the employee's refusal or lack of appropriate work, the employee is suspended from work and the employment contract with him is preserved by virtue of the direct instruction of the law. At the same time, one should proceed from the fact that the law establishes the maximum duration of temporary incapacity for work, in which a suspended employee retains his job, but not the number of such suspensions. If the employee, at the end of the relevant period, goes to work, then he must be provided with work according to the labor function stipulated by the employment contract. In the event of a new period of incapacity for work, the rules established respectively part 2 or part 3 of the commented article are again subject to application.

The question remains: what are the legal consequences if the employee's disability actually lasted more than four months?

It seems that if by the end of the four-month period (or the period of a shorter duration specified in the medical certificate) the employee has passed a new medical examination and a new medical certificate has been issued to him, then the rules provided for in part 2 or 3 of the commented article should apply. In other words, the new medical report cannot be "turned back", and, therefore, if according to it the employee's incapacity for work is limited to four months, then the rules established by part 2 of the commented article are applied; if its duration is supposed to be more than four months or is constant, then it is possible to apply the norm provided for in Part 3 of the commented article.

4. For the transfer to another job of women in connection with pregnancy or the presence of children under the age of one and a half years, see Art. 254 TC and commentary to it.

Consultations and comments of lawyers under Article 73 of the Labor Code of the Russian Federation

If you still have questions about Article 73 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

Article 73. Transfer of an employee to another job in accordance with a medical report

checked today
code from 01.01.2019
entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 01.02.2002

If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for a period of up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical certificate, while retaining the place of work ( positions). During the period of suspension from work, the employee's wages are not charged, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, labor contracts.

Judicial practice under Art. 73 of the Labor Code of the Russian Federation

Amendments to Art. 73 of the Labor Code of the Russian Federation

References to Art. 73 of the Labor Code of the Russian Federation in legal advice

protection of the employer's rights
06.11.2016 due to the suspension of activities due to delayed wages under Article 142 of the Labor Code of the Russian Federation or was suspended at the main place of work for medical reasons in accordance with the procedure Article 73 of the Labor Code of the Russian Federation... If at the main place of work, the above circumstances did not arise for the employee, then the hours worked in excess of the norm should be formalized as overtime hours with payment
Dismissal from work
10.09.2016 Good afternoon, Elena V Article 73 of the Labor Code of the Russian Federation

04.12.2015 Valentine's Day. If a certain article does not contain numbering, in terms of parts or sub-clauses, then, as a rule, for convenience, paragraphs are conventionally numbered, thus part 4 Article 73 of the Labor Code of the Russian Federation there will be 4 paragraph, which says: Labor agreement with the heads of organizations (branches, representative offices or other separate structural divisions), their

protection of employee rights
16.06.2015 lag behind from work and, alas, this time is not paid. If light work is required for a longer time, then the employment contract is terminated. This is stated in Art. 73 of the Labor Code of the Russian Federation
Number of sick leave
09.06.2015 in case of temporary disability "That is, you can get sick as much as your health condition allows, there are no restrictions. But I would like to remind you of the norms Article 73 of the Labor Code of the Russian Federation... if the employee is often sick, then often the sick leave is not only extended through the medical commission, but also accompanied by the issuance of a medical opinion, according to
Dismissal of a pregnant woman
27.05.2015 earnings for all work days missed as a result at the expense of the employer As a general rule, if the employee refuses the offered work in accordance with Art. 73 of the Labor Code of the Russian Federation he can be dismissed according to clause 8. Part 1 of Art. 77 of the Labor Code of the Russian Federation. But with pregnant women, a different story operates, if the employee refuses the offered "easy labor", then she is not subject to
Question about documents from an employee under Article 73
03.02.2015 case. if the employee requires release from work for up to 4 months, the employer releases the employee from work. accordingly, wages are not charged ( Article 73 of the Labor Code of the Russian Federation), if, according to medical indications, they have to be removed from work for a longer period. then the employee is dismissed under article 77, part 8 of the Labor Code of the Russian Federation with the payment of a two-week day off
What to do? They want to fire me.
26.01.2015 Good evening Irina. They just won't be able to fire you right away. V Article 73 of the Labor Code of the Russian Federation said: An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws
suspension payment
14.01.2015 Good afternoon, Valery. In theory, your employer is right, and this is confirmed by the regulations Article 73 of the Labor Code of the Russian Federation: If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for up to four months, refuses to transfer
light labor
16.12.2014 leaving on maternity leave with the preservation of earnings. As for health problems, which also require release from work. then this situation is regulated Article 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 federal laws and
dismissal
08.12.2014 Good afternoon, Vadim. V Article 73 of the Labor Code of the Russian Federation said: An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws
dismissal at the request of the administration
04.12.2014 ways to say goodbye to you. If an open-ended contract has been concluded with you, then what kind of maternity place can we talk about. In any case, your situation is governed by 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 federal laws and
Termination of an employment contract
26.11.2014 confirmed by the results of the medical examination, then you suspend his activity until he passes the medical examination, and then you already act in accordance with Article 73 of the Labor Code of the Russian Federation... If your employee nevertheless showed negligence, then you still have no right to dismiss or punish him with disciplinary punishment, but punishment with a ruble
Recruit
23.11.2014 where does she work on a different schedule? During this period, she was on annual leave and therefore could work full time or what? You can look for a loophole. ( Article 73 of the Labor Code of the Russian Federation, Article 142 of the Labor Code of the Russian Federation). But for the application of these articles, the employee must bring a certificate from the main place of work that she either assigned the job due to non-payment
profession is it? Aircraft navigator and close ground work is an equivalent profession.
25.10.2014 navigator of the plane, then the employer does not have the right to be admissible to perform duties in this position and must be transferred to another position in accordance with Article 73 of the Labor Code of the Russian Federation... If you refuse, then you will be dismissed under Article 77, Clause 8 of the Labor Code of the Russian Federation with a two-week allowance. With regard to the equivalence of the position, you should carefully read
sick leave duration
31.07.2014 paid until the day of recovery or until the day of revision of the disability group due to tuberculosis. However, it is worth considering the norms Article 73 of the Labor Code of the Russian Federation, where it says: An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner prescribed by federal
dismissal
05.07.2014 you are recommended easy work, for example, then the employer is obliged to offer you all the vacancies that he has and that are suitable for you for medical reasons, Article 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 federal laws and other
Transfer of pregnant women to another job
03.06.2014 regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job (parts three and four of Article 73 of this Code); V Article 73, part 3 of the Labor Code of the Russian Federation indicated: If, in accordance with the medical report, the employee needs a temporary transfer to another job for a period of more than four months or a permanent
Maternity leave and resolving issues with the employer
18.02.2014 Also, if other conditions of the employment contract change, wages, work hours, etc., then this is definitely clause 7 of Art. 77 of the Labor Code of the Russian Federation. Another dismissal procedure is already in force here ( Art. 73 of the Labor Code of the Russian Federation): 1. Notification of the employee 2 months in advance about changes in the essential conditions of the employment contract (ie the place of work is an essential condition); 2. If you refuse
Pregnant wife
28.01.2014 on what conditions it can work. After that, you need to write a statement (and not just say) to the employer and attach a conclusion to the application. According to Art. 73 of the Labor Code of the Russian Federation the employer MUST transfer your wife to a job that is not contraindicated for her for health reasons. If, with a written statement (save

1. Article 73 of the Labor Code of the Russian Federation is devoted to the transfer to another job of an employee who, in accordance with a medical report, needs such a transfer. In accordance with the commented article, it is allowed to transfer an employee not only to another permanent job, but also to a temporary one, if, in accordance with the medical opinion, the employee needs a temporary transfer to another job. The presence in the Labor Code of special rules governing the procedure for transferring an employee who, in accordance with a medical certificate, needs to be transferred to another job, allows solving many problems that arise in practice.

2. In accordance with Part 1 of the commented article, the employer's obligation to transfer an employee to another job (permanently or temporarily) arises if the following conditions are present: 1) such a transfer is necessary in accordance with a medical report; 2) the medical report was issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation; 3) the employer has a relevant job and it is not contraindicated for the employee for health reasons; 4) the employee has given written consent to be transferred to another job.

3. If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job, refuses the job offered by the employer or the employer does not have a suitable job, then there are two possible solutions to this problem, depending on the period for which the transfer is required:

1) if the period for which the transfer is required does not exceed 4 months, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report, retaining the place of work (position) (part 2 of article 73 of the Labor Code of the Russian Federation);
2) if the employee needs a temporary transfer to another job for more than 4 months or if the employee needs a permanent transfer to another job, then the employment contract with the employee is terminated on the basis of clause 8, part 1 of Art. 77 (part 3 of the commented article).

Special rules are established for employees holding positions of heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants. An employment contract with such employees who, in accordance with a medical certificate, need to be temporarily transferred to another job, in the event of their refusal to transfer or if the employer does not have appropriate work, terminates on the basis of clause 8, part 1 of Art. 77 of the Labor Code, regardless of how long, in accordance with the medical report, they need to be transferred to another job. At the same time, the employer has the right, with the written consent of these workers, not to terminate the employment contract with them, but to remove them from work for a period determined by agreement of the parties.

Upon dismissal of employees on the basis of clause 8, h. 1, Art. 77 of the Labor Code, they are paid severance pay in the amount of two weeks' average earnings (see comments to Art. 178).

4. During the period of suspension of workers from work in the cases provided for in Part 2 and Part 4 of Article 73 of the Labor Code of the Russian Federation, wages are not charged to them. The exception is the cases provided for by the Labor Code, other federal laws, collective agreements, agreements, labor contracts.

For reasons related to changes in the organizational or technological working conditions, it is allowed to change the essential conditions of the employment contract determined by the parties on the initiative of the employer if the employee continues to work without changing the labor function.
The employee must be notified by the employer of the introduction of these changes in writing no later than two months before their introduction, unless otherwise provided by this Code or other federal law.
If the employee does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job available in the organization, corresponding to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower-paid work that the employee can perform with taking into account his qualifications and state of health.
In the absence of the specified work, as well as in the event of the employee's refusal from the offered work, the employment contract shall be terminated in accordance with paragraph 7 of Article 77 of this Code.
In the event that the circumstances specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of this organization, to introduce a part-time regime for up to six months.
If the employee refuses to continue working under the conditions of the relevant working hours, then the employment contract is terminated in accordance with paragraph 2 of Article 81 of this Code, providing the employee with appropriate guarantees and compensations.
The abolition of part-time work is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization.
Changes to the essential terms of the employment contract that worsen the employee's position in comparison with the terms of the collective agreement or agreement cannot be introduced.

Article 73. Transfer of an employee to another job in accordance with a medical report

checked today
code from 01.01.2019
entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 01.02.2002

Judicial practice under Art. 73 of the Labor Code of the Russian Federation

Amendments to Art. 73 of the Labor Code of the Russian Federation

References to Art. 73 of the Labor Code of the Russian Federation in legal advice

protection of the employer's rights
06.11.2016 due to the suspension of activities due to delayed wages under Article 142 of the Labor Code of the Russian Federation or was suspended at the main place of work for medical reasons in accordance with the procedure Article 73 of the Labor Code of the Russian Federation... If at the main place of work, the above circumstances did not arise for the employee, then the hours worked in excess of the norm should be formalized as overtime hours with payment
Dismissal from work
10.09.2016 Good afternoon, Elena V Article 73 of the Labor Code of the Russian Federation

protection of employee rights
16.06.2015 lag behind from work and, alas, this time is not paid. If light work is required for a longer time, then the employment contract is terminated. This is stated in Art. 73 of the Labor Code of the Russian Federation
Number of sick leave
09.06.2015 in case of temporary disability "That is, you can get sick as much as your health condition allows, there are no restrictions. But I would like to remind you of the norms Article 73 of the Labor Code of the Russian Federation... if the employee is often sick, then often the sick leave is not only extended through the medical commission, but also accompanied by the issuance of a medical opinion, according to
Dismissal of a pregnant woman
27.05.2015 earnings for all work days missed as a result at the expense of the employer As a general rule, if the employee refuses the offered work in accordance with Art. 73 of the Labor Code of the Russian Federation he can be dismissed according to clause 8. Part 1 of Art. 77 of the Labor Code of the Russian Federation. But with pregnant women, a different story operates, if the employee refuses the offered "easy labor", then she is not subject to
Question about documents from an employee under Article 73
03.02.2015 case. if the employee requires release from work for up to 4 months, the employer releases the employee from work. accordingly, wages are not charged ( Article 73 of the Labor Code of the Russian Federation), if, according to medical indications, they have to be removed from work for a longer period. then the employee is dismissed under article 77, part 8 of the Labor Code of the Russian Federation with the payment of a two-week day off
What to do? They want to fire me.
26.01.2015 Good evening Irina. They just won't be able to fire you right away. V Article 73 of the Labor Code of the Russian Federation said: An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws
suspension payment
14.01.2015 Good afternoon, Valery. In theory, your employer is right, and this is confirmed by the regulations Article 73 of the Labor Code of the Russian Federation: If an employee who, in accordance with a medical certificate, needs a temporary transfer to another job for up to four months, refuses to transfer
light labor
16.12.2014 leaving on maternity leave with the preservation of earnings. As for health problems, which also require release from work. then this situation is regulated Article 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 federal laws and
dismissal
08.12.2014 Good afternoon, Vadim. V Article 73 of the Labor Code of the Russian Federation said: An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws
dismissal at the request of the administration
04.12.2014 ways to say goodbye to you. If an open-ended contract has been concluded with you, then what kind of maternity place can we talk about. In any case, your situation is governed by 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 federal laws and
Termination of an employment contract
26.11.2014 confirmed by the results of the medical examination, then you suspend his activity until he passes the medical examination, and then you already act in accordance with Article 73 of the Labor Code of the Russian Federation... If your employee nevertheless showed negligence, then you still have no right to dismiss or punish him with disciplinary punishment, but punishment with a ruble
Recruit
23.11.2014 where does she work on a different schedule? During this period, she was on annual leave and therefore could work full time or what? You can look for a loophole. ( Article 73 of the Labor Code of the Russian Federation, Article 142 of the Labor Code of the Russian Federation). But for the application of these articles, the employee must bring a certificate from the main place of work that she either assigned the job due to non-payment
profession is it? Aircraft navigator and close ground work is an equivalent profession.
25.10.2014 navigator of the plane, then the employer does not have the right to be admissible to perform duties in this position and must be transferred to another position in accordance with Article 73 of the Labor Code of the Russian Federation... If you refuse, then you will be dismissed under Article 77, Clause 8 of the Labor Code of the Russian Federation with a two-week allowance. With regard to the equivalence of the position, you should carefully read
sick leave duration
31.07.2014 paid until the day of recovery or until the day of revision of the disability group due to tuberculosis. However, it is worth considering the norms Article 73 of the Labor Code of the Russian Federation, where it says: An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner prescribed by federal
dismissal
05.07.2014 you are recommended easy work, for example, then the employer is obliged to offer you all the vacancies that he has and that are suitable for you for medical reasons, Article 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 federal laws and other
Transfer of pregnant women to another job
03.06.2014 regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job (parts three and four of Article 73 of this Code); V Article 73, part 3 of the Labor Code of the Russian Federation indicated: If, in accordance with the medical report, the employee needs a temporary transfer to another job for a period of more than four months or a permanent
Maternity leave and resolving issues with the employer
18.02.2014 Also, if other conditions of the employment contract change, wages, work hours, etc., then this is definitely clause 7 of Art. 77 of the Labor Code of the Russian Federation. Another dismissal procedure is already in force here ( Art. 73 of the Labor Code of the Russian Federation): 1. Notification of the employee 2 months in advance about changes in the essential conditions of the employment contract (ie the place of work is an essential condition); 2. If you refuse
Pregnant wife
28.01.2014 on what conditions it can work. After that, you need to write a statement (and not just say) to the employer and attach a conclusion to the application. According to Art. 73 of the Labor Code of the Russian Federation the employer MUST transfer your wife to a job that is not contraindicated for her for health reasons. If, with a written statement (save

The theory of everything. Theory of everything Judicial practice under Art 73 of the Labor Code of the Russian Federation

Commentary on Article 73 of the Labor Code of the Russian Federation

Another commentary on Art. 73 of the Labor Code of the Russian Federation

Consultations and comments of lawyers under Article 73 of the Labor Code of the Russian Federation

Article 73. Transfer of an employee to another job in accordance with a medical report

Other section articles

Judicial practice under Art. 73 of the Labor Code of the Russian Federation

Amendments to Art. 73 of the Labor Code of the Russian Federation

References to Art. 73 of the Labor Code of the Russian Federation in legal advice

Article 73. Transfer of an employee to another job in accordance with a medical report

Other section articles

Judicial practice under Art. 73 of the Labor Code of the Russian Federation

Amendments to Art. 73 of the Labor Code of the Russian Federation

References to Art. 73 of the Labor Code of the Russian Federation in legal advice