Suspension from work. Suspension from work at the initiative of the employer. Reasons for the release of a person from official duties

In various companies and enterprises, such situations periodically occur when the employer needs to remove a particular employee from performing his duties. On the other hand, management does not always act legally under such circumstances. Therefore, this issue needs to be considered in more detail and figure out how both sides should behave.

Suspension from work

This process can be described as a ban on the performance of work duties by a specific employee due to certain circumstances. It should be noted, however, that the use of such a measure as a disciplinary sanction is not legal.

Such an instrument of influence is rarely recorded, since it is easier to write out a fine than to launch this mechanism, in which an employee of the personnel department should be directly involved.

What are the types of suspension

In fact, two main directions of such measures of influence can be distinguished: an order on suspension from work for a limited period of time (until the factor that provoked such a reaction of the management is eliminated) and for the entire period of employment.

As you can see, the scheme is painfully simple. Various reasons can influence the period of termination of an employee's activities, and the specific number of days during which the work will be unavailable depends on them.

In other words, until the problem or reason for which the suspension took place is resolved, the employee will not be able to return to his duties. An example is a criminal case or infection of an employee.

Reasons for suspension from work

If you pay attention to article 76 Labor Code RF, then the following reasons can be determined that are a sufficient basis for such actions:

• the employee was unable to undergo training and subsequent testing of knowledge on labor protection;
• lack of the necessary results of the medical examination;
• a recorded state of intoxication due to exposure to alcoholic, toxic or narcotic drugs;
• at the request of officials or authorized state bodies;
• medical contraindication;
• in the event that the employee's rights or a special permit have been suspended (court, labor inspectorate, etc.);
• Other cases are also possible that are not recorded in the current legislation.

Design features

Regardless of whether the suspension from work is initiated by the employer or there are other reasons, the process itself is almost always influenced by the rules of a particular organization. Moreover, there are spheres in which this procedure perceptibly simplified. We are talking about the food, transport industry, as well as organizations related to public catering.

It is important to understand that any circumstance that results in permanent or temporary suspension from work must be recorded on paper. The document itself has the form of an act or memo addressed to the head. It must be signed by both the compiler and the witnesses.

Having studied the general rules regarding this issue, you can notice that the suspension should be formalized in the form of an order or order. At the same time, there is no unified form developed for such cases. This document is signed by the head of the organization.

Learn more about the medical report

The result of the examination by qualified doctors may become the basis for the suspension of the activity of a particular employee. If we delve a little deeper into this topic, then we can distinguish the following reasons, the consequence of which may be suspension from work for medical reasons:

• if, after the examination, contraindications were recorded for performing a specific type of work in accordance with the content of the employment contract;
• when the mandatory medical examination was not successfully completed, as well as the psychiatric examination in those cases that are provided for by the normative legal acts and federal laws;
• in the case of obtaining a certificate establishing the fact of disability (indicating a specific group) or the degree of limitation of the ability to carry out labor activities;
• suspension from work for medical reasons is possible with the participation of an employee in a rehabilitation program, due to disability after an accident at work;
• the conclusion issued by the doctor of the antenatal clinic.

What must be indicated in the order

When such a document is drawn up, the following information must be recorded in it:

• The period during which the suspension will be in effect, if it is possible to determine it. This position of the employee can be tied to the need to perform a certain action, after which he will be able to resume his duties (medical examination, for example).
• Circumstances that caused the suspension.
• If the situation requires it, it is worth indicating who exactly will perform the duties of the suspended employee until the moment when his issue is resolved.

If it so happened that the suspension of an employee from work must be carried out as soon as possible (in the case of intoxication, for example), a simplified system can be used.

Its essence boils down to the following: medical worker takes the initiative regarding the termination of work by a specific employee and presents the inspection data as the basis for his decision. Suspension from work on the initiative of the employer (meaning the direct involvement of management) can also significantly speed up the process.

Nevertheless, even a simplified scheme does not deprive the relevance of the need to write an order or order. This feature is due to the fact that a measure such as removal is inevitably associated with the termination of payroll.

The procedure for suspension from work implies an indication of the period of suspension. It must be displayed in the order. In some cases, it is not necessary to define the boundaries of the period in the event of temporary cessation of activities. For example, in the case of the need to undergo a medical examination, the dates will be superfluous. After all, if the employee manages to pass this examination before the specified time, then the employer will have to issue a new order with new data, which cannot be defined as a practical and convenient scheme.

When wages are not suspended upon suspension

It is important to understand that there are reasons for termination labor activity, which imply the preservation of wages or its partial accrual.

For example, suspension from work is not a consequence of the employee's fault, then the latter can expect that he will receive 2/3 of his earnings. An example is temporary transfer employee.

This information is also relevant for pregnant women. She may be removed due to the need to transfer to more lenient work on the basis of appropriate medical indications... At the same time, the average wage at the previous place of work will be retained. She also has the opportunity to be exempted from the activity with the preservation of the average salary in the event that a suitable new job has not been found.

What actions can be considered illegal

There is always a risk that an unscrupulous employer may try to use suspension from work without a proper justification.

So, labor law recognizes some of the actions associated with the aforementioned process as not complying with the law. In this case, everything is very simple - illegal suspension from work is considered as such if:

1. as a reason for the termination of an employee's activities, an excuse is used that is not provided for by the Labor Code;
2. even if the reason is legitimate, the decision to remove it cannot be considered correct if there is insufficient evidence to support the need for such measures.

Thus, illegal suspension from work can be prevented if you delve a little into the Labor Code.

Additional documentation

The reasons for the termination of the activity of a particular employee may be different, but he should always be aware of them. For this reason, the order for suspension from work (a sample can be easily downloaded on the Internet) is accompanied by a notification, which is necessary to familiarize the employee with the decision.

An employee, having learned that suspension from work has been applied to him, has the right to demand a written explanation. You may need it if you have to dispute.

As for the legal consequences, the termination of the activities of a particular employee may have several results: transfer to another place of work, admission to labor process and, in fact, the dismissal.

Each of these verdicts must be accompanied by an order and documentation that will confirm the objectivity and legality of the decision of the company's management.

How to disagree with a management decision

One should not exclude such a situation when the employee will react negatively to the initiative of his superiors regarding the removal. In this case, he has the right to challenge the decision by going to court.

The law allows the following requirements to be presented to the employer:

1. recognition of the illegal order, which was read to him;
2. if the result of the suspension of activities was dismissal, then the employee may insist on reinstatement;
3. collection of amounts for simple, lost earnings or average income that was lost through the fault of the owners of the company;
4. reimbursement of the cost of protection services, as well as compensation for moral damage;
5. in case of dismissal - changes in the entry left in the work book.

If we study the experience of litigation, when the injured employee acted as the plaintiff, we can come to the conclusion that in the event of a mistake made by the management, the chances of a successful outcome of the case may be quite high.

Conclusion

In some cases, employers can either make mistakes or deliberately act unlawfully. For this reason, the suspension order must always be carefully scrutinized. A sample document is not hard to find on the net. This will give you an idea of ​​how it should be styled. If the order is drawn up without legal grounds or was not accompanied by the necessary documentation (notification), then the employee has every reason to protect his rights.

When does it become necessary to suspend an employee from work and in what cases does the employer not only have the right, but also the obligation to do so? What are the consequences of the incorrect registration of such a suspension?

Suspension from work is understood as the temporary exclusion of an employee from the performance of his job duties. In fact, this means a temporary suspension of the implementation of his labor function... The fact of suspension is always associated with the expression of the will of the employer, the employee independently does not have the ability and authority to remove himself from work.

In accordance with Art. 76 of the Labor Code of the Russian Federation, the legislator imposed on the employer a legal obligation to remove (prevent) an employee from work if there are grounds provided for in this article, as well as in accordance with the provisions of other regulatory legal acts of the current legislation of the Russian Federation. First of all, there are two important points to remember:

1) the list of grounds for suspension (non-admission to work) is contained only in the legislation, the employer has no other grounds for suspension from work, and if an employee is removed for unlawful reasons, unfavorable legal consequences will ensue for him - in fact, this would mean a violation of the law , labor rights and employee freedoms;

2) the employer does not have the right to choose whether or not to remove the employee from work if there are specified grounds: this is his legal obligation, and he must fulfill it without fail, as required by law, otherwise he will also be held liable.

General grounds for suspension from work are contained in Art. 76 of the Labor Code of the Russian Federation. The employer is obliged to suspend the employee from work:

Who appeared at work in a state of alcoholic, drug or other toxic intoxication;

Not passed in established order training and testing of knowledge and skills in the field of labor protection;

Has not passed in the prescribed manner a mandatory medical examination, as well as a mandatory psychiatric examination in cases stipulated by the current legislation of the Russian Federation;

If contraindications for performing the specified work are identified in accordance with the medical report;

In case of suspension of the employee's special right (license, the right to drive a vehicle, the right to carry weapons, other special right) for up to two months in accordance with the legislation of the Russian Federation, if this entails the impossibility of the employee to fulfill his obligations under the employment contract and if it is impossible to transfer him to another job available to the employer (subject to written consent), which the employee can perform taking into account his state of health;

At the request of bodies or officials authorized by the current legislation of the Russian Federation;

In other cases provided for by this Code, other federal laws and other regulatory legal acts Russian Federation.

Suspension of an employee who appears at work in a state of alcoholic, narcotic or other toxic intoxication (paragraph 2 of part 1 of article 76 of the Labor Code of the Russian Federation)

In the event that an employee is found at work in a state of intoxication (alcoholic, narcotic or other toxic), the employer is obliged to suspend the employee from performing his work, fixing both the fact that he was found in such a state and the fact of suspension. There is no standard form for fixing the fact of intoxication, but it is recommended to draw up a document in detail, reflecting the circumstances and the event associated with this ground. Such a document can serve as a memo addressed to the head of the organization, for example, the immediate superior of the employee, or structural unit, in which he is listed, and / or an act drawn up and signed by several employees. It is important to reflect in the content of such a fixing document:

Who drew up and signed this document;

When (date, time) and where (location of the employer, address information, reference to workplace employee) the employee was found intoxicated;

What were the actual signs of the employee's state of intoxication (for example, unstable posture, odor from the mouth, discoloration of the face, incoherent speech, other circumstances that make it possible to characterize such a state as intoxication);

If available, a detailed description of the consequences of the employee being at his workplace and / or performing his job duties in a state of intoxication (violation labor discipline and / or labor regulations, safety rules, etc., improper performance of labor duties, marriage in production, damage to property, harm to the health of third parties, etc.);

Further actions regarding this employee, for example, the announcement of the order of the immediate supervisor (if he has such powers) on the suspension from work;

A request to formalize the suspension of a given employee, conduct a medical examination, investigate an established fact, and apply disciplinary measures to an employee.

In this situation, the main tasks of the employer and authorized persons will be:

Confirmation of the fact of intoxication;

Creation of a commission to establish the fact of intoxication;

Registration of the results of the commission's work;

Sending an employee for a medical examination;

Execution of an order to suspend an employee from work and entering information into a personal card (if necessary);

The imposition of disciplinary action on an employee.

In the event that an employee is admitted to work, if there are no more grounds for his suspension, the employer is advised to issue this action with the appropriate admission order to clearly record the period of the employee's suspension.

Suspension of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner (paragraph 3 of part 1 of article 76 of the Labor Code of the Russian Federation)

By virtue of the law, the employer is obliged to conduct instruction on labor protection, internship at the workplace, train workers in safe methods and techniques for performing work, and provide first aid to injured workers at work. Based on the results of such events, the employer checks the knowledge of labor protection requirements (Article 212 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia of 13.01.2003 N 1/29). Employees who have not undergone training and / or testing of knowledge in the field of labor protection should be removed by the employer without providing other work. All employees, including the head of the organization, are required to undergo training and knowledge testing (Article 225 of the Labor Code of the Russian Federation). The responsibility for organizing training and testing knowledge of labor protection requirements is also assigned to the head of the organization.

These activities are documented in the following documents:

1) the regulation on the procedure for organizing and conducting training on labor protection of employees at the enterprise;

2) instruction on labor protection by profession and type of work;

3) a training program on labor protection;

4) by orders:

On imposing on a specific employee the responsibilities for conducting an induction briefing;

On imposing on specific employees the responsibilities for conducting initial briefing at the workplace;

On the creation of a commission to test the knowledge of labor protection requirements;

5) programs:

Conducting an introductory briefing on labor protection;

Conducting the initial briefing of workers on labor protection;

6) logs of registration of introductory briefing and briefing at the workplace;

7) a list of professions and positions of employees exempted from primary instruction.

The fact of failure to pass the briefing is recorded by an act, which is drawn up either by the head of the organization, or by a person authorized by him. In addition, this is additionally confirmed by the absence of the employee's signature in the registration logs.

The order of suspension must contain the surname, first name, patronymic and position of the employee to be removed, the grounds for the suspension with reference to the relevant rule of law, as well as the period for which he was removed. Instead of the end date of the suspension, an event is indicated - the moment of the briefing, although it is recommended, if possible, to indicate the date of the employee's admission, which will avoid a dispute about the day of going to work and proper notification of the employee about it.

It should be noted that the employee on this basis may also be dismissed in accordance with the order of the inspector of state supervision; in this case, the order shall indicate the details of the issued order as a basis. The fact of issuing such an order may serve as a reason for bringing the employer to responsibility for violation of labor laws.

Failure by an employee to undergo instructions as a result of his guilty actions, in addition to suspension, will entail such unfavorable consequences for him as non-payment of working time for the period of suspension and his non-inclusion in the length of service, which gives him the right to annual paid leave (parts 2, 3, article 76, part . 2 article 121 of the Labor Code of the Russian Federation). An employee can be brought to disciplinary responsibility (clause 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation"). Guilt in such cases can be determined and recorded in the form of evasion from instruction, lack of preparation for passing the exam, failure to appear for the exam, etc.).

Suspension of an employee who has not undergone a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the current legislation of the Russian Federation (paragraph 4 of part 1 of article 76 of the Labor Code of the Russian Federation)

For certain categories of employees, the employer must organize at his own expense the passage of compulsory medical examinations, and employees are required to pass them successfully (paragraph 12, part 2 of article 212, paragraph 6 of article 214 of the Labor Code of the Russian Federation). Mandatory medical examinations can be preliminary (upon admission to work) and periodic (during employment), extraordinary, special, mandatory psychiatric examinations of employees (by virtue of the requirements of the law or at the request of employees in accordance with medical recommendations). During these procedures, employees retain their place of work (position) and average earnings. If the employee does not pass such a mandatory examination (examination), then he is subject to suspension by the employer from work.

To confirm the fact that the employee did not go through such a procedure, the employer can draw up or independently receive a document confirming this, and then issue an order for suspension. The employer can confirm the fact of failure to pass the inspection (survey) by the following documents and methods:

Request and receive from employee explanatory note or his written refusal to pass;

Request and receive from the employee a certificate of incapacity for work issued during the period of the examination;

Request from the medical institution in which the employer organized the passage of the procedures, documentary evidence of the employee's failure to appear for examination;

Independently draw up and issue an act on the employee's refusal to undergo the procedure.

It is important to note that in case of failure to undergo a mandatory medical examination or examination due to the fault of the employee, the employer has the right to apply disciplinary measures to him as provided for by the current Labor Code of the Russian Federation (Articles 191, 192 of the Labor Code of the Russian Federation, clauses "in" clause 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation from 17.03.2004 N 2).

When filing a suspension on the specified basis (as well as on any other), in the time sheet (form N T-12 or N T-13), it is necessary to record the period actually worked by the employee until the order of his dismissal is issued. The time of suspension is noted in the report card by affixing the letter "NB" or digital "35" code (suspension from work (non-admission to work) for reasons stipulated by law). It is not necessary to enter information about the suspension in the personal card, however, the employer will need this information when calculating the length of service of the suspended employee, which gives him the right to annual paid leave, so it is advisable to record this.

The document that confirms the passage of the examination (examination) by the employee is a medical certificate issued by an authorized medical organization... An employee is subject to admission to work when such an opinion is provided to the employer.

Suspension of an employee when contraindications for performing the specified work are identified in accordance with the medical report (paragraph 5 of part 1 of article 76 of the Labor Code of the Russian Federation)

In some cases, the employer is obliged to remove the employee from the work performed for the state of his health.

This is also due to the situation when the employee, due to his health condition, cannot perform the labor functions that are assigned to him. labor contract... This obligation follows from the principle of protecting the constitutional right of an employee to protect his health (part 2 of article 7 of the Constitution of the Russian Federation), realizing the right to health protection and successful work (part 2 of article 18 of the Federal Law of November 21, 2011 N 323-FZ " On the basics of protecting the health of citizens in the Russian Federation "), prohibiting the employer from using the labor of a person who, for medical reasons, cannot continue to perform his work. By virtue of the law, the employer is obliged to prevent employees from performing their labor duties in the event of medical contraindications for work they have (paragraph 13, part 2, article 212 of the Labor Code of the Russian Federation).

To fulfill this obligation, the employer needs a legal fact - the receipt of documentary information that this employee, due to health reasons, can no longer perform his previous job function, i.e. the employee has contraindications to such work. This information may be contained in various documents, in particular:

A medical certificate, which is issued by a medical institution after a medical examination (examination) - both passed by the employee voluntarily and due to the requirements for mandatory passage;

Individual rehabilitation program for a disabled person (approved by the Order of the Ministry of Health and Social Development of Russia dated 04.08.2008 N 379n "On the approval of forms individual program rehabilitation of a disabled person, an individual rehabilitation program for a disabled child issued by federal state institutions of medical and social expertise, the procedure for their development and implementation ");

The program for the rehabilitation of the injured person as a result of an industrial accident and occupational disease (approved by the Decree of the Ministry of Labor of Russia dated July 18, 2001 N 56 "On approval of temporary criteria for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases, the form of the victim's rehabilitation program as a result industrial accident and occupational disease ").

The main feature of the consequences of the suspension of an employee on this basis is that the period of suspension for him is limited - until the employer formalizes the transfer of this employee and, accordingly, the application of the transfer rules.

If the period during which the employee cannot perform his work is more than four months, the employer does not have relevant vacancies, and the employee does not give his consent to the transfer, then the order of suspension is not issued. The employer in this case issues a dismissal order (part 3 of article 73 of the Labor Code of the Russian Federation).

Until the expiration of the four-month period, such an employee is temporarily transferred to another job. If the employer refuses or does not have an appropriate job, he is still subject to suspension and his place of work (position) is retained for him for the entire period specified in the medical report. During the period of suspension from work wage the employee is not charged.

Suspension in case of suspension for a period of up to two months of the employee's special right (license, right to drive a vehicle, the right to carry weapons, other special right) in accordance with the legislation of the Russian Federation, if this entails the impossibility of the employee to fulfill his obligations under the employment contract and if it is impossible to transfer him to another job available to the employer, subject to written consent, which the employee can perform taking into account his state of health (paragraph 6 of part 1 of article 76 of the Labor Code of the Russian Federation)

This ground is deliberately set aside by the legislator, since in this case the employee has a special right issued by the competent authority, and the existence of such a special right for the employee allows him to perform his labor function, which is entrusted to him by the employer (for example, a security guard with the right to bear arms , aircraft pilot, crew member, etc.).

A striking example of such a case is the removal of an employee performing the functions of a vehicle driver, who, by virtue of the requirements of the law, is obliged to periodically undergo an examination (Article 23 of the Federal Law of 10.12.1995 N 196-FZ "On safety road traffic If contraindications to further driving a vehicle are identified, this will be indicated in the conclusion, which will oblige the employer to remove such an employee from this work (Article 23.1 of the Law in question).

In this case, the peculiarity of the suspension is also associated with the inability to transfer the employee to another job (either a vacant lower position or a lower-paid job), which he can perform taking into account his state of health. In this situation, the employer is obliged to offer such an employee all vacancies that meet the specified requirement, which he has, both in this area and in another, if this is provided for by collective, labor contracts and agreements (paragraph 6, part 1 of Art. 76 of the Labor Code of the Russian Federation).

An employment contract is subject to termination if the period of suspension of the special right exceeds two months or the employee is deprived of this right (clause 9, part 1 of article 83 of the Labor Code of the Russian Federation).

It should be especially emphasized that the employer does not have the right to remove, on the indicated grounds, an employee who has job description or the section of the employment contract dedicated to job duties, there is no condition that he cannot perform his direct duties without this special right. In this case, the suspension will be illegal.

Suspension at the request of bodies or officials authorized by the current legislation of the Russian Federation (paragraph 7, part 1, article 76 of the Labor Code of the Russian Federation)

The legislator has determined that the bodies and officials who have been empowered by the current legislation, on the basis of the relevant decision, have the right to demand from the employer the dismissal of the employee indicated by them, and the employer, if this requirement is legal and reasonable, is obliged to fulfill it.

The Labor Code of the Russian Federation does not contain a list of bodies and officials who have the right to exercise this power, therefore, such a list is determined by an analysis of the current legislation of the Russian Federation related to this issue.

1. Suspension of the powers of the sole executive body presupposes the removal from work of the sole executive body (director, general director). Clause 4 of Art. 69 of the Federal Law of 26.12.1995 N 208-FZ "On joint stock companies"it is stipulated that if the formation of executive bodies is carried out by the general meeting of shareholders, then the charter of the company may establish the right of the board of directors (supervisory board) of the company to decide on the suspension of the powers of the managing organization or manager. Simultaneously with these decisions, the board of directors (supervisory board) of the company is obliged to make decision on the formation of a temporary sole executive body of the company (director, general director) and an extraordinary general meeting shareholders to resolve the issue of early termination of the powers of the sole executive body of the company (director, general director) or the managing organization (manager) and the formation of a new sole executive body of the company (director, general director) or transfer of powers of the sole executive body of the company (director, general director) management organization or manager. An additional reason not only for suspension from work, but also for termination of an employment contract with the head of the organization is the decision of the 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 federal law (paragraph 1 of Art. 278 of the Labor Code of the Russian Federation, clause 1 of article 69 of the Federal Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)").

2. In the process of implementation state control and supervision of compliance with labor laws Federal Service for Labor and Employment has the authority to: issue instructions on the removal from work of persons who have not undergone training in safe methods and techniques for performing work in the prescribed manner, instruction on labor protection, internships at workplaces and testing knowledge of labor protection requirements (Article 357 of the Labor Code of the Russian Federation); issue orders on the removal from office of officials of the executive authorities of the constituent entities of the Russian Federation exercising the delegated powers of the Russian Federation in the field of promoting employment of the population, and government agencies employment services of the population of the constituent entities of the Russian Federation (clause 5.1.3 of the Decree of the Government of the Russian Federation of June 30, 2004 N 324 "On approval of the Regulation on Federal Service on labor and employment "(as amended on 15.06.2010)).

3. Courts of the Russian Federation, competent to consider criminal cases, guided by nn. 10 p. 2 of Art. 29 and Art. 114 of the Code of Criminal Procedure of the Russian Federation, if justified necessary, they may satisfy the requirement to temporarily remove from office a suspect or accused in a criminal case. The question of dismissal is decided by the court at the request of the investigator and with the consent of the head of the investigative body or at the request of the inquirer and with the consent of the prosecutor at the place of the preliminary investigation. The decision on the temporary suspension of the suspect or the accused from office or on the refusal to do so shall be made by the court within 48 hours from the date of receipt of such a request. If it is satisfied, the decision on temporary suspension is sent to the place of work of the suspect or the accused. A suspect or accused temporarily dismissed from office has the right to receive a monthly state allowance, which is paid to him in accordance with paragraph 8 of part 2 of Art. 131 of the Code of Criminal Procedure of the Russian Federation in the amount of five minimum sizes wages. The cancellation of the temporary suspension of a suspect or an accused from office is carried out on the basis of a decision of an inquirer, an investigator, when, in the opinion of these persons, there is no need to apply this measure.

However, it should be noted that such a suspension procedure is not applied in the event that a senior official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) is involved as an accused and charged with a grave or especially grave crime. In accordance with Part 5 of Art. 114 of the Code of Criminal Procedure of the Russian Federation, in this case, the Prosecutor General of the Russian Federation sends to the President of the Russian Federation a proposal for the temporary removal of the said person from office. The President of the Russian Federation, within 48 hours from the receipt of the submission, makes a decision on the temporary removal of the specified person from office or on refusal to do so.

4. The requirement to suspend an employee from work has the right to present a number specialized inspections and supervisions(Sanitary and Epidemiological Supervision, Gosgortekhnadzor). Persons who are carriers of pathogens of infectious diseases can become sources of the spread of infectious diseases due to the peculiarities of the production in which they are employed or the work they perform. With their consent, they are temporarily transferred to another job that is not associated with the risk of the spread of infectious diseases. If such a transfer is not possible, on the basis of decisions of the chief state sanitary doctors and their deputies, they are temporarily suspended from work with the payment of benefits for social insurance(Clause 2, Article 33 of the Federal Law of March 30, 1999 N 52-FZ "On the Sanitary and Epidemiological Well-Being of the Population").

For violation of welding technology or repeated unsatisfactory quality of the production welded joints, welders and welding specialists may be dismissed by the decision of the Gosgortekhnadzor. The admission to work of these workers is possible only after passing the extraordinary certification and according to its results. These requirements are enshrined in the Rules for the certification of welders and welding specialists, approved by the Resolution of the Gosgortekhnadzor of Russia dated 10.30.1998 N 63.

5. State sanitary doctors and their deputies also have the authority to dismiss in accordance with the provisions of the Federal Law of 30.03.1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (as amended on 30.12.2008). When there is a threat of the emergence and spread of infectious diseases that pose a danger to others, the chief state sanitary doctors and their deputies issue motivated decisions on the temporary suspension from work of persons who are carriers of infectious diseases and can become sources of the spread of infectious diseases due to the peculiarities of the work they perform. or production (paragraph 3 of clause 6 of clause 1 of article 51 of the above Law).

6. In case of introduction on the territory of the Russian Federation state of emergency measures and temporary restrictions may be envisaged, including the suspension of workers from work. In the presence of the circumstances specified in paragraph "b" of Art. 3 of the Federal Constitutional Law of 30.05.2001 N 3-FKZ "On the state of emergency" (as amended on 07.03.2005) (natural and man-made emergencies, environmental emergencies, including epidemics and epizootics caused by accidents, hazardous natural phenomena, catastrophes, natural and other disasters that entailed (may entail) human casualties, damage to human health and the environment, significant material losses and disruption of the living conditions of the population and requiring large-scale rescue and other urgent work), by decree The President of the Russian Federation on the introduction of a state of emergency may be provided for:

Suspension from work for the period of the state of emergency of the heads of state organizations in connection with the improper performance of their duties by the specified leaders and the appointment of other persons as temporary acting directors;

Suspension from work for the period of the state of emergency of heads of non-governmental organizations in connection with non-performance or improper performance by them of the measures provided for by paragraph "g" of Art. 11 of this Federal Constitutional Law and paragraph "c" of this article, and the appointment of other persons temporarily acting as the said leaders.

Execution of documents upon suspension of an employee at the request of a body or official

When the employer receives a document on the suspension of a particular employee from work, you should carefully read it. Check whether the request has been submitted by the appropriate authority or official, whether it is correctly drawn up, what kind of decision it contains.

If the received document contains not a requirement for suspension, but a request, recommendation or proposal to remove the employee from work, then the employer makes this decision to remove the employee independently, it does not contain signs of mandatory execution of the requirement for suspension.

As a rule, the time of suspension is indicated in the decree or order of the authorized body. The options for determining the period of suspension are different: a specific date or a condition on the commission of certain actions (most often - elimination of the violation).

If, nevertheless, a request for suspension is received in relation to an employee, then he must not be allowed to work (Article 76 of the Labor Code of the Russian Federation). Suspension from work (non-admission to work) is formalized by the appropriate order of the head of the organization. The unified form of such a document has not been approved, therefore the organization has the right to independently develop it in compliance with certain requirements.

The corresponding order on the suspension must indicate the surname, first name, patronymic and position of the employee, the grounds according to which he is suspended from work, as well as the period of such suspension - until the expiration of the period established in the request of the body or official to dismiss the employee. When indicating the appropriate basis, the order should reflect the details of the decision or resolution of the relevant official or body that ordered the dismissal of the employee. It is also recommended to indicate in the order the date of commencement of work after the suspension, if such will be known when the order is issued. This will allow you to avoid further disputes about the employee's absence from work at the end of the suspension period.

The employee should be familiarized with the order of dismissal against signature. If the employee refuses to sign the acquaintance, then an appropriate act is drawn up.

In addition to the order, the organization must reflect the corresponding suspension in the timesheet.(unified form N T-12 or N T-13), fixing the period actually worked by the employee until the order of his dismissal is issued. The term of suspension is noted in the report card by affixing the letter "NB" or digital "35" code (suspension from work (non-admission to work) for reasons stipulated by law).

An entry in the work book about the suspension of the employee from work not entered.

V personal card when an employee is suspended, it is not necessary to make an entry. However, if necessary, to ensure internal accounting this information it is recommended to reflect in sect. X "Additional Information". Fixing this information can be useful in the future when calculating the length of service for granting leave. Information about the admission of the employee after the end of the period of his suspension from work can also be entered.

During the entire period of suspension from work, the employee's wages are not charged (by virtue of part 3 of article 76 of the Labor Code of the Russian Federation), except for cases directly established by law. So, for example, in the case of suspension from work in accordance with Part 6 of Art. 114 and clause 8, part 2 of Art. 131 of the Code of Criminal Procedure of the Russian Federation for this period, the employee is assigned a monthly state allowance in the amount of five minimum wages. The suspension time is not included in the length of service required to provide leave (part 2 of article 121 of the Labor Code of the Russian Federation).

There are certain subtleties in the design order for admission to work at the end of the suspension period. Here it should be borne in mind that the formal basis for admission is the cancellation of this requirement. In this case, the employer is advised to check with the official who sent the request how it will be canceled.

The admission is best done by order, since in this case the organization will have a document fixing the end of the suspension period and the employee's admission to work.

As with the suspension order, there is no unified form, so the organization draws up the order on its own. It reflects the surname, name, patronymic and position of the employee, the date from which he must start work, and the grounds for admission. Also, in this order, it is recommended to instruct the accounting department to resume the calculation of wages to the specified employee. The procedure for familiarization with this order is standard, as in the case of suspension.

Summing up, it should be noted that suspension from work at the request of bodies or officials is not such a common case in labor relations... However, it is precisely in this unpopularity that the danger lies: managers and employees of organizations need to understand the intricacies of these procedures, the scope of authority of certain officials and authorities who have the right to put forward demands for the dismissal of an employee from work, analyze the legality and validity of such requirements, and distinguish requirements from recommendations and / or requests, to act within the framework of the law, applying necessary procedures and filling out the relevant documents.

The grounds for suspension from work in other cases stipulated by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation (paragraph 8, part 1 of article 76 of the Labor Code of the Russian Federation) are determined and regulated not only by the Labor Code of the Russian Federation and labor legislation, but also a vast array of current legislation regulating the specifics of labor relations in certain areas, in special industries related to the public service, during a state of emergency, during the investigation of criminal cases, etc. To legally determine the grounds for dismissal in such cases, it is imperative to pay attention to the norms that regulate the grounds and procedure for the dismissal of such categories of workers in special laws and by-laws, and to comply with all the requirements necessary for this.

Order on suspension from work in connection with the evasion of the employee from undergoing compulsory periodic medical examination

(fill pattern)

A. Benmerabet

"Kadrovik.ru", 2015, N 6

• Labor contract
  • Labor contract as one of the forms of free disposal by citizens of their ability to work
  • The concept and meaning of an employment contract in the implementation by citizens of their abilities to work
  • The difference between an employment contract and related civil law labor contracts
    • The difference between an employment contract and related civil law labor contracts - page 2
    • The difference between an employment contract and related civil law labor contracts - page 3
    • The difference between an employment contract and related civil law labor contracts - page 4
  • Parties to an employment contract
    • Parties to an employment contract - page 2
  • Content of an employment contract
    • Content of an employment contract - page 2
  • The procedure for concluding an employment contract
    • The procedure for concluding an employment contract - page 2
  • Inadmissibility of discrimination when concluding an employment contract
  • Prohibition of forced labor
  • Types of employment contracts
  • Cases of conclusion of fixed-term employment contracts
    • Cases of conclusion of fixed-term employment contracts - page 2
    • Cases of conclusion of fixed-term employment contracts - page 3
    • Cases of conclusion of fixed-term employment contracts - page 4
  • Features of employment contracts concluded with certain categories of employees
    • Features of employment contracts concluded with certain categories of workers - page 2
  • Probation
    • Probationary period - page 2
    • Probationary period - page 3
  • The concept of transfer to another job
  • Types of transfers to another job
    • Types of transfers to another job - page 2
  • Moving workers
    • Moving workers - page 2
  • The change essential conditions employment contract
    • Changes to the essential terms of the employment contract - page 2
  • Labor relations upon change of ownership and reorganization
  • Suspension from work
  • general characteristics grounds for termination of an employment contract
    • General characteristics of the grounds for termination of an employment contract - page 2
    • General characteristics of the grounds for termination of an employment contract - page 3
  • Termination of an employment contract at the initiative of an employee
    • Termination of an employment contract at the initiative of an employee - page 2
    • Termination of an employment contract at the initiative of an employee - page 3
  • Termination of an employment contract at the initiative of the employer
    • Termination of an employment contract at the initiative of the employer - page 2
    • Termination of an employment contract at the initiative of the employer - page 3
    • Termination of an employment contract at the initiative of the employer - page 4
    • Termination of an employment contract at the initiative of the employer - page 5
    • Termination of an employment contract at the initiative of the employer - page 6
    • Termination of an employment contract at the initiative of the employer - page 7
    • Termination of an employment contract at the initiative of the employer - page 8
    • Termination of an employment contract at the initiative of the employer - page 9
    • Termination of an employment contract at the initiative of the employer - page 10
  • Termination of an employment contract due to circumstances beyond the control of the will of its parties
    • Termination of an employment contract due to circumstances beyond the control of the will of its parties - page 2
    • Termination of an employment contract due to circumstances beyond the control of the will of its parties - page 3
  • Termination of an employment contract due to violation of the mandatory rules for concluding an employment contract established by federal laws
  • Legal implications illegal dismissal
    • Legal consequences of illegal dismissal - page 2
  • Employment history and its purpose
  • Employee personal data
  • Grounds and procedure for processing personal data of an employee
  • Responsibility for violation of the law when processing personal data of an employee
• Work time
  • Working time concept
  • Types of working hours
    • Types of working hours - page 2
  • Working hours and the procedure for establishing it
  • Time tracking and its types
    • Time tracking and its types - page 2
  • Accounting for working hours
  • Work outside normal working hours
    • Working outside normal working hours - page 2
  • Irregular working hours
  • Flexible working hours
  • Shift work
  • Dividing the working day into parts
  • Features of the regulation of working hours in certain sectors of the economy
    • Features of working time regulation in certain sectors of the economy - page 2
• Time relax
  • Rest time concept
  • Types of rest time
  • Breaks during the working day (shifts)
  • Daily (inter-shift) rest
  • Weekly uninterrupted rest, weekend
  • Non-working holidays
  • Rest time concept
  • Vacation concept, types of vacations
  • Annual basic paid leaves and the procedure for their provision
    • Annual basic paid leaves and the procedure for their provision - page 2
  • Annual additional paid vacations and the procedure for their provision
    • Annual additional paid holidays and the procedure for their provision - page 2
  • Extension and postponement of annual paid leave
  • Division of vacation into parts, recall of an employee from vacation
  • Replacement of annual paid leave monetary compensation
  • Exercise of the right to leave upon dismissal
  • Unpaid leave
• Wage
  • Basic state guarantees in the field of labor remuneration
    • Basic state guarantees in the field of wages - page 2
  • The concept of wages, the procedure for establishing it
  • Pay systems
    • Pay systems - page 2
  • Forms of remuneration of the employee, the procedure for their establishment
  • Calculation of average wages
    • Calculating average wages - page 2
  • Elements of the tariff system of remuneration
    • Elements of the wage rate system - page 2
  • Labor standards and piece rates, the procedure for establishing them
  • Payment in case of deviation from the established working conditions
    • Payment in case of deviation from the established working conditions - page 2
    • Payment in case of deviation from the established working conditions - page 3
  • Forms of material incentives for employees
  • Procedure and terms of payment of wages
  • Employer's liability for delayed wages
    • Employer's liability for delayed wages - page 2
• Warranties and compensations
  • The concept of guarantees in the world of work
  • Guarantees when sending employees to business trips and to work in another area
  • Guarantees to employees in the performance of state or public duties
  • Guarantees for employees combining work with training
    • Guarantees for employees combining work with training - page 2
    • Guarantees for employees combining work with training - page 3
  • Guarantees to employees upon dismissal
  • Guarantees to employees in case of temporary disability, transfer, medical examination and donation of blood and its components
  • Guarantees for elected employees
  • The concept of compensation in the world of work
  • Compensation in connection with the use of property by employees in the process of employment
  • Compensation for business trips, sending workers to improve their qualifications and to work in another locality
    • Compensation for business trips, sending workers to improve their qualifications and to work in another locality - page 2
  • Compensation for persons combining work with training
  • Compensation related to treatment by employees
• Discipline of work
  • Labor discipline concept
  • Labor regulations of the organization, the procedure for approving the internal labor regulations
    • Labor regulations of the organization, the procedure for approving internal labor regulations - page 2
  • Work incentives
    • Work incentives - page 2
  • Disciplinary responsibility and its types
  • Concept disciplinary offense
  • Types of disciplinary action
    • Types of disciplinary action - page 2
  • Procedure and terms of application of disciplinary sanctions
    • The procedure and terms for the application of disciplinary sanctions - page 2
    • The procedure and terms for the application of disciplinary sanctions - page 3
    • The procedure and terms for the application of disciplinary sanctions - page 4
    • The procedure and terms for the application of disciplinary sanctions - page 5
  • Removal of disciplinary sanction
    • Cancellation of disciplinary action - page 2

Suspension from work

Suspension from work is a temporary refusal to provide an employee with work stipulated by an employment contract by an authorized representative of the employer for reasons established by law. Suspension from work is carried out by order (order) of the employer, which must be brought to the attention of the employee suspended from work (not allowed to work).

Part 1 of Art. 76 of the Labor Code of the Russian Federation lists cases in the event of which the authorized representatives of the employer are obliged to suspend or prevent an employee from working.

The employer is obliged to suspend from work (not allow to work) the employee:

1. appeared at work in a state of alcoholic, drug or toxic intoxication
2. who has not passed in the prescribed manner a mandatory preliminary or periodic medical examination
3. who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner
4. upon identification, in accordance with the medical report, contraindications for the employee to perform work stipulated by the employment contract
5. at the request of bodies and officials authorized by federal laws and other regulatory legal acts
6. in other cases provided for by federal laws and other regulatory legal acts

In particular, in accordance with Art. 114 of the Code of Criminal Procedure of the Russian Federation, the employer is obliged to suspend from work the official involved as an accused, on the basis of a court order.

In paragraph 8 of Art. 131 of the Code of Criminal Procedure of the Russian Federation provides for the payment of an official suspended by a court order of a monthly state allowance in the amount of five times the minimum wage. This allowance is to be paid by the investigating authorities from the relevant budget.

Despite the fact that in Part 1 of Art. 76 of the Labor Code of the Russian Federation talks about other possible cases of suspension of an employee from work, it should be recognized that in the legislation the list of cases of suspension or non-admission of an employee to work is defined in an exhaustive way.

Possible cases of dismissal of an employee from work may be defined in federal laws and other regulatory legal acts of the Russian Federation. Consequently, the list of possible cases of suspension of an employee from work or his inadmissibility to work is exhaustively defined in federal legislation.

The employer cannot, on legal grounds, arbitrarily suspend an employee from work or prevent him from working. The employer's decision to suspend an employee from work can be recognized as legal and justified if the circumstances listed in federal legislation are proved that allow the employee to be removed from work or to prevent the employee from going to work.

Suspension of an employee from work or non-admission to work in cases stipulated by federal legislation is the employer's responsibility. Failure to comply with this obligation may not only be a violation of labor legislation, but also deprive the employer of one of the proofs of the employee's disciplinary offense.

For example, the employer is obliged to issue an order (order) on the suspension from work or on the non-admission to work of an employee who is in a state of intoxication. The absence of such an order (instruction) may become one of the proofs that the employee did not commit the disciplinary offense imputed to him.

And vice versa, the presence of this order (instruction) is one of the proofs of the employee committing a disciplinary offense. The above also applies to cases of refusal of an employee to undergo training in the field of labor protection, as well as refusal to undergo compulsory medical examinations.

The employer is obliged to suspend from work (not to allow to work) the employee for the entire period until the elimination of the circumstances that are the legal basis for the suspension of the employee from work or not admitting him to work.

As a general rule, during the period of suspension from work (non-admission to work), the employee's wages are not saved. An exception to this rule is the cases provided for by federal law, which obliges the employee to keep the average wage during this period.

In particular, in part 3 of Art. 76 of the Labor Code of the Russian Federation says that in cases of suspension from work of an employee who has not passed training and testing of knowledge in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of his suspension from work as for idle time. The employer's decision to suspend an employee from work must be lawful and justified.

The legality of this decision means that the grounds provided for by federal law were used as the basis for the suspension (refusal to work). The validity of this decision presupposes confirmation of the specified circumstances by a set of relevant, admissible, reliable and sufficient evidence.

The decision on suspension from work (non-admission to work) must be brought to the attention of the employee, who has the right to appeal against it in the manner prescribed by law. As a general rule, a decision on suspension from work (non-admission to work) can be appealed to the state labor inspectorate or the court. However, the decision of state bodies and officials of state bodies on suspension from work (non-admission to work) can only be appealed in court.

The state labor inspectorate cannot assess the legality and validity of the actions of officials of other federal executive bodies, for example, investigative bodies. Therefore, the actions of state bodies and officials of these bodies should be appealed against in court.

Recognition by the court or the state labor inspectorate, within its competence, of the employer's decision on suspension from work (prohibition to work) as illegal or unreasonable entails payment for the entire time of suspension (inadmissibility) based on the employee's average earnings, since in this case the employee is in forced absenteeism.

It should be noted that the employer's obligation to suspend (prevent) an employee corresponds to the employee's right to suspend from work (not admit to work). In this regard, if the employer does not fulfill this obligation, the employee has the right to refuse to perform the labor function if there are legitimate reasons for suspension from work (exclusion from work).

Such a refusal, if there are legitimate reasons, is a proportionate remedy to protect the violated right. The employee must actually be suspended from work (not allowed to work) if there are legal grounds on the order of the employer. The actual admission of the employee to work after the issuance of such an order by the authorized representative of the employer means that the employee has not been removed from work, from the moment of such admission this order is considered invalid.

In connection with the foregoing, the employer's decision to dismiss (prevent) may be recognized as legal and justified if the following legally significant circumstances are proved.

First, it must be proven that there are reasons for dismissal from work (non-admission to work) provided for by federal legislation.

Secondly, an order must be issued by the authorized representative of the employer indicating the legitimate reasons for the suspension from work (non-admission to work).

Thirdly, the employee must actually be suspended from work (not allowed to work) on the basis of an order issued by the employer's authorized representative until the legitimate reasons for the suspension are eliminated.

"Personnel officer. HR administration", 2013, N 3

The employee's keys, pass, overalls, seals and stamps are taken away from the employee, thereby depriving him of the opportunity to appear at the workplace. A familiar situation, isn't it? At the same time, the leadership is deeply convinced that it is doing the right thing, limiting the constitutional right of a citizen to work. In what cases can suspension from work be considered lawful? How is deprivation of the right to work different from dismissal?

Suspension from work

From the termination of an employment contract, entailing the termination of the employment relationship between the employee and the employer, one should distinguish such a phenomenon as "suspension of an employee from work."

Suspension from work differs from the termination of an employment relationship in that, firstly, the relationship between the employee and the employer does not end, but is suspended, as a rule, with the suspension of the payment of wages, and secondly, it is temporary and is allowed only in cases established by law. So, according to Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work (not allow to work) the employee:

Who appeared at work in a state of alcoholic, drug or other toxic intoxication;

Failure to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

A person who has not passed in the prescribed manner a mandatory medical examination (examination), as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

If, in accordance with the medical report issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, contraindications for the employee to perform work stipulated by the employment contract are identified;

In case of suspension of the employee's special right (license, right to drive a vehicle, the right to carry weapons, other special right) for up to 2 months in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill obligations under an employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant post or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract;

At the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

In other cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

So, for example, part 2 of Art. 32 of the Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation" (as amended on 30.12.2012) provides for the right of the representative of the employer to remove from the substituted position civil service(not to be allowed to perform official duties) of a civil servant during the settlement of a conflict of interest.

In a number of cases specified in the law and the charter of the organization, the powers of the head may be suspended. legal entity... Suspension of the authority of the head is possible, for example, in the following cases:

Recognition of the head as missing by a court decision that has entered into legal force;

Initiating a criminal case against the head or bringing him in as an accused in another criminal case;

Leader's participation in election campaign as a candidate for the composition of the legislative (representative) government of the Russian Federation or the legislative (representative) government of a constituent entity of the Russian Federation, as well as election (appointment) to the indicated elective positions.

In such cases, prior to the election of a new leader authorized body is also obliged to make a decision on the formation of a temporary sole executive body of the company - interim (clause 4 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies", as revised on December 29, 2012).

As can be seen from the law, the concept of "suspension from work" means that the employee has started to perform his job and the employer became aware of the circumstances listed in the law during the working day. In turn, "non-admission to work" means that the specified circumstances were identified before the start of the work function (beginning of the working day, work shift).

Suspension period from work

The employer suspends from work (does not allow to work) the employee for the entire period of time until the elimination of the circumstances that were the basis for the suspension from work or non-admission to work (unless otherwise provided by federal laws).

It is clear that during the period of suspension from work, the employee does not fulfill his job duties... Therefore, as a general rule, during the period of suspension from work (non-admission to work), the employee's wages are not charged.

Cases when an employee is provided with a paycheck are established by federal laws. For example, 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 or a mandatory medical examination (examination) through no fault of his own, he is paid for the entire period of suspension from work as for idle time.

If circumstances arise that entail suspension from work, the employment contract does not terminate. Moreover, the occurrence of such circumstances does not mean that the employer must prepare documents for dismissal, even if the events associated with the suspension from work give the employer a reason for dismissing the employee, such as, for example, appearing at work in a state of alcoholic, drug or other toxic intoxication.

It should also be understood that the suspension of an employee from work is not equated with the cancellation of an employment contract. After all, the cancellation of an employment contract is a special type of termination of an employment contract and labor relations, when, contrary to the date of starting work established by the employment contract, the employee does not appear at his workplace. In this case, absenteeism is a legal fact that gives grounds to recognize the employment contract as not concluded.

In the labor laws of some European countries, suspension from work means the suspension of an employment contract. Based on the norms of domestic labor legislation on the suspension of an employee from work, we can talk about a partial suspension of the employment contract - for a certain time, the performance of the labor function provided for by the employment contract is terminated.

Registration of suspension from work

Experts correctly recommend a scheme for prompt decision-making on the suspension of employees from work on the grounds provided for by law, and the authority of officials on this issue to be enshrined in the local acts of the organization.

Documenting the suspension of an employee from work depends not only on what rules, based on local labor regulations, are established in the organization by the instructions for office work, but also on the basis for the suspension. In some cases, a court decision will be required, in others - only the employer's decision.

The employer's decision to suspend an employee from work (prohibition to work) is formalized by an order of the head of the organization. Despite the fact that such an order is accepted for accounting by the accounting department, since during the period of suspension from work, wages are not charged, its unified form has not yet been approved by the State Statistics Committee of Russia.

Sample sample

On the dismissal of A.S. Tochilin from work.

On the basis of the decision of the Timiryazevskiy District Court of Moscow dated January 16, 2013 on the temporary suspension of the accused from office and guided by Art. 76 of the Labor Code of the Russian Federation,

I ORDER:

1. Starting from January 17, 2013, to temporarily suspend the storekeeper Andrey Sergeevich Tochilin.

2. Do not allow the storekeeper A. S. Tochilin to perform his labor duties until this measure of procedural coercion is canceled by the decision of the investigator, issued in accordance with the procedure established by the Criminal Procedure Code of the Russian Federation.

3. Accounting departments from January 17, 2013 to suspend the calculation of wages to the storekeeper Tochilin A.S.

4. To the storekeeper Tochilin A.S. at the time of acquaintance with the content of this order, hand over to the head of the security service Vasin A.A. a pass giving the right to enter the territory storage facilities.

5. To impose control over compliance with this order on the head of the warehouse Krokhov M. M.

Acquainted with the order _________________ A.S. Tochilin

January 2013

When preparing the text of the order, it is necessary to indicate the circumstances that served as the basis for the dismissal of the employee, as well as documents confirming its validity. Particular attention should be paid to enumerating the circumstances that were the basis for the suspension from work or non-admission to work, since the employee will not be allowed to work for the entire period of time until the specified circumstances are eliminated. Thus, this part of the regulatory document should not be vaguely worded. It is necessary to avoid vague and "empty" phrases like "due to production necessity", "based on the director's decision", etc.

It should be noted that Art. 76 of the Labor Code of the Russian Federation and other norms of the law do not provide for the obligation of the employer to claim, and the employee - to provide an explanation of the reasons for the occurrence of certain circumstances. Since suspension is not disciplinary action, then the norms of Art. 193 of the Labor Code of the Russian Federation when deciding the issue of dismissal are inapplicable. Thus, as in our example, storekeeper Tochilin A.S. has the right to refrain from any comments, giving explanations (including written ones).

The employee reads the order for signature. In the event that the employee refuses to sign for any reason, such refusal must be immediately recorded in writing.

Sample sample

On refusal to sign in acquaintance with the order

Commission consisting of:

Vasin Andrey Alekseevich, head of the security service,

Mikhail Mikhailovich Krokhov, head of the warehouse,

Kovalchuk Anna Viktorovna, head of the personnel department

drew up this act on the following:

Based on the ruling of the Timiryazevskiy District Court of Moscow dated January 16, 2013 No. director general LLC "Trading House" Everything for the Gardener "was issued order No. 1 on the dismissal from January 17, 2013 from the work of the storekeeper Andrey Sergeevich Tochilin, with the suspension of payroll.

In order to familiarize A.S. Tochilin, the head of the personnel department A.V. Kovalchuk arrived at the warehouse on the same day under the signature with the contents of the order.

At the entrance to the territory of the warehouse, she asked the head of the security service Vasin A.A. to accompany her, since it was necessary to temporarily withdraw the pass from the storekeeper A.S. Tochilin, giving the right to enter the territory of the warehouse.

In the warehouse at that moment there was the head of the warehouse Krokhov M.M.

A. V. Kovalchuk, in the presence of A. A. Vasin and M. M. Krokhov, presented the order to the storekeeper A. S. Tochilin and asked to sign a signature confirming that he was familiar with the contents of the order. However, Tochilin A.S. in our presence demonstratively refused to do this, referring to the fact that he did not agree with the order and did not commit theft of goods from the warehouse. Thus, it was not possible to acquaint A.S. Tochilin with the contents of the order.

Storekeeper Tochilin A.S. also refused to sign this act. He motivated his refusal by the fact that he does not consider himself to be guilty of anything.

The facts indicated in this act are confirmed by our signatures:

A. A. Vasin

M. M. Krokhov

A. V. Kovalchuk

A specialist in the personnel department must understand that in cases of suspension from work, the decision must be made promptly, and the preparation of documents must be done in as soon as possible... Moreover, in the overwhelming majority of cases, we are talking about the suspension of salary payments. And the accounting service should find out about this decision in a timely manner. In practice, it is quite difficult to determine the period for which an employee will not perform his duties. Let's give just one example.

The employee was suspended from work due to alcohol intoxication. The employer, when deciding to suspend an employee from work (not admitting him to work), should take into account that, depending on the severity of the intoxication, a different amount of time is needed to free the body from alcohol, and in individual cases- medical intervention. In addition, even though alcohol has been metabolized by the body, the consequences of drinking it can seriously affect a worker's ability to work.

If the fact of the appearance of an employee in a state of intoxication is confirmed by a medical certificate, then it must indicate the time after which the level of alcohol, narcotic drugs and psychotropic substances in the blood will drop to a norm that does not interfere with the performance of work.

As already noted, the legislation on health care operates with such a concept as the severity of intoxication. Alcohol intoxication of moderate and mild degrees does not require special therapy, and sobering up, indeed, can be talked about the next day. As for the severe degree of intoxication, then, subject to medical intervention, the duration of treatment is 2 days.

Only after carrying out medical procedures, the employee, after 2 days, will be able to fully control his actions. If we are talking about alcohol abuse (use with harmful health consequences), chronic alcoholism, then it will take from 10 to 25 days for treatment and removal from the state of alcoholic intoxication.

Therefore, if the medical report does not indicate the period after which the level of alcohol, narcotic and psychotropic substances in the blood will drop to the established norm, you should additionally consult a doctor and get an addition or clarification to the medical report. If the grounds for suspension from work or non-admission to it are eliminated, then an order to terminate the suspension is issued in a similar form. An employee who is suspended from work is not only deprived of his salary, but also loses his retirement experience during this period: according to the Rules for calculating periods of work, which gives the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation. Federation ", approved. By Decree of the Government of the Russian Federation of 11.07.2002 N 516 (as amended on 26.05.2009), periods of suspension from work are subsequently not included in the period of work, which gives the right to early assignment of an old-age retirement pension.

Sample sample

LLC "Trading house" Everything for the gardener "

On the resumption of performance by A.S. Tochilin

job responsibilities

Based on the ruling of the Timiryazevskiy District Court of Moscow dated January 26, 2013 on the termination of the temporary suspension from office

I ORDER:

1. Starting from January 28, 2013 to resume labor activity as storekeeper Andrey Sergeevich Tochilin in his previous position and with the same working conditions.

2. To the head of the security service Vasin A. A., before January 28, 2013, ensure the issuance of a pass to A. S. Tochilin for unhindered passage to the workplace.

4. To impose control over compliance with this order on the head of the warehouse Krokhov M. M.

General Director K. I. Shalagin

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Today we will talk about when the employer is obliged to remove the employee from work and for what reason. This problem occurs in labor relations quite often and the reasons are very different. Violations on each side also take place.

I used to work with a young man who loved to drink. Once, a guy came to the enterprise in an inadequate state, and the head of the department was forced to remove this employee from performing his direct duties. We did not draw up any documents, since there were many witnesses to the incident, and a little later the man was fired under the article.

A few days later, my colleague, who violated the work schedule, turned to the labor inspectorate with a complaint that he was deprived of employment illegally, and the result of such an appeal was a check. I will not describe the situation in detail, but we had to write various explanatory notes several times until this employee was proven wrong. Let's take a closer look at the procedure for removing employees from work, and what documents must be drawn up without fail in order to avoid problems in the future.

Within the framework of the Labor Code of the Russian Federation, it is indicated that only the employer (his representative) is responsible for the suspension of an employee, and such actions are the responsibility of this person. Therefore, compliance with all the requirements of the law is an important point that employers must take into account when making the next decision.

Referring to the description of such a situation, we can say that this is the state of the employee when he does not fulfill his duties about the position and is not dismissed. If dismissal is the right of the employer, then suspension from work is a direct obligation.

Under what circumstances can you turn to this option?

There are several points that are decisive for making a decision to remove a citizen. In particular, several groups of grounds can be distinguished, described in detail in Art. 76 of the Labor Code of the Russian Federation. Let's consider each group in more detail below.

Group one: suspension from work for medical reasons

Such circumstances arise quite often, since everyone can get sick, and with a tendency to drink alcohol, such a case will happen sooner or later.

Within the framework of these situations, the reasons may be as follows:

• alcohol or drug intoxication, when a citizen cannot fulfill his direct duties at the workplace;
• lack of medical clearance. The employee did not apply to the clinic in a timely manner and did not pass the medical examination;
• the employee has contraindications to perform certain types of work. For example, a seasonal exacerbation of allergies began.

As soon as the employer became aware of an existing violation or contraindication, he must stop working as a citizen. An important point is that dismissal is not a mandatory measure, only if the obstacles to the performance of work duties cannot be removed. Detailed information on the topic can be found in the video:

Group two: suspension based on labor standards

It should be said here that the employee will be able to fulfill his labor duties, only if it has the appropriate labor protection approval. That is, the employer is obliged to organize special training and verification of the professional competence of employees. If the employee does not pass the test, then he is suspended from work for the duration of the training.

Group three: suspension from work at the request of supervisory and regulatory agencies

There are organizations that perform the functions of control and supervision over the implementation of labor standards. These include the state labor inspectorate, the prosecutor's office, the judiciary, and sanitary and epidemiological supervision. As for the reasons for making such a decision, they are determined during the audit of the enterprise.

Group four: due to the suspension of the employee's special rights

This is a special case, since only some citizens are required to have special permits for the performance of labor duties.

For example, the license period has expired or the rights have become invalid. After fixing the problem, the employee will be able to resume work.

How is the time paid when the employee was suspended from work?

All of the above reasons imply the occurrence of certain circumstances that prevent the employee from doing his job. In other words, the employee is to blame for what happened, and during this time he is not credited with earnings. There are two exceptions when payment is required:

• the violation of the labor schedule was not the fault of the employee;
• the reason for the failure to pass the medical examination was other circumstances, and not the actions of the citizen.

Under such circumstances, payments are made as for downtime, that is, at least 2/3 of the average person's earnings.

Instead of totals

According to the law, the employer is obliged to suspend the employee who committed a certain violation. The term for such a restriction is determined individually, but cannot exceed two months. The adoption of such a decision is formalized with the help of a special order. In some cases, an employee is paid a salary.