It is common for a person not only to get tired, but also to get sick. Since this human factor cannot be ignored, there are certain measures for exemption from work. In this case, the reason for exemption is the physical condition of the employee. Such cases are not uncommon in our time; any medical examination can reveal a person’s health problems. Subsequently, the employee will not be able to work fully.
- pregnant women;
- women who have children under one and a half years of age.
An employer can transfer an employee to another job if the previous one is no longer suitable for him. Such an action is documented with an application for transfer and, of course, with the consent of the employee himself. In this case, the transfer is permissible if the employee agrees and all working conditions exist at the new place of work and nothing can harm the employee’s health. It is also worth knowing that there are two types of translation: temporary and permanent.
Suspension from work for medical reasons according to the Labor Code of the Russian Federation
This procedure is considered by the labor code, and in particular, it is spelled out in article number 76. The article contains a list of various reasons for not allowing an employee to perform his work duties. It is worth noting that such an action is considered mandatory if there is a reason for it. Therefore, the employer is obligated to suspend his employee from work if he is contraindicated from working during a given period of time for medical reasons. As evidence of his or her health status, the employee must provide a medical certificate if the employer requests it. Otherwise, an order is drawn up on suspension from work for failure to undergo a medical examination, according to the model available in the article.
Grounds for removal for health reasons
Suspension from work does not constitute dismissal of an employee. This measure is intended only to provide temporary release from work. The suspension is based on Article 76 of the Labor Code of the Russian Federation. There is also a wage freeze during this period.
An employer may remove an employee on the following grounds:
- for failure to undergo a mandatory medical examination;
- for incapacity for work due to medical reasons.
You can also read about when an employer is obliged to remove an employee from work in the following material.
Procedure for removal for health reasons
Each organization must conduct medical examinations in order not only to prevent the health of its employees, but also to early identify the presence of contraindications in an employee. Moreover, these activities are entirely the direct responsibility of the employer. Every self-respecting employer should take care of the health of his subordinates, since this directly affects the productivity and success of the enterprise.
You can also conduct medical examinations yourself, but you must notify your immediate supervisor about this. And what to do if an employee has not passed a periodic medical examination is described.
Procedure for removal:
- Obtaining medical confirmation that the employee is unable to perform his job duties to the organization.
- Issuance of a removal order.
- Registration of the created order.
- Familiarization of the employee with the order.
- Drawing up an additional agreement for each of the parties.
- Make payment in accordance with this agreement.
- Mark the period of suspension on the report card.
- After the suspension period comes to an end, draw up an order that the employee is allowed to work.
- Registration of this order.
- Introduce it to your subordinate.
Temporary suspension from work for health reasons
Temporary suspension from work for medical reasons is also established in the Labor Code. This action is carried out in order to prevent the deterioration of the health of his subordinate and in order to prevent a decline in labor productivity. A temporarily suspended employee cannot receive wages, except in certain cases prescribed by law. The period is determined on the basis of a medical report.
Information about work No. of entry Date Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, paragraph of the law) Name, date and number of the document on the basis of which the entry was made day month year 1 2 3 4 Closed Joint Stock Company "Alpha" (CJSC "Alpha") 01/11/2006 Recruited to the technical department for the position of industrial training master Order dated 01/11/2006 No. 4-k 02/28/2013 Dismissed due to the employer's lack of other work, necessary in accordance with the medical report, paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation Head of the HR Department E.E. Gromova Employee Order No. 16 dated February 28, 2013 2. Answer: How to formalize a transfer or dismissal based on a medical report if there are medical contraindications to the work performed I.I.
How to dismiss an employee based on the results of a medical examination?
What types of suspension are there? In fact, two main directions of such measures of influence can be distinguished: an order of suspension from work for a limited period of time (until the factor that provoked such a reaction from management is eliminated) and for the entire period of employment. As you can see, the scheme is painfully simple. The duration of an employee's termination may be influenced by various reasons, and the specific number of days during which 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 would be a criminal case or an infection of an employee.
Removal from work for medical reasons
It is the employer's responsibility to organize medical examinations for its employees, and the employees' responsibility to undergo such examinations. In Art. 212 of the Labor Code of the Russian Federation states that the employer does not have the right to release an employee for a shift if the medical report states that the employee has contraindications. The employer must not allow the employee to work until the grounds for contraindications have been eliminated.
The employee can present the employer with a conclusion stating that he cannot do this particular job, but with easier working conditions he can. Such an employee must be offered a transfer to another position. According to paragraph 1 of Art. 73 of the Labor Code of the Russian Federation, the employer is obliged to offer such an employee all available vacancies that correspond to his state of health.
To transfer, you must obtain the employee's written consent.
If such a transfer cannot be made, the employer may dismiss the employee or relieve him of duties that significantly affect his health. Procedure for removal for health reasons In order to remove an employee for health reasons, the employer must use the following procedure:
- First, he receives the necessary information, on the basis of which a verdict is made on a temporary or permanent transfer to another position. The doctor's medical report is reviewed in detail.
- If necessary, notify company management that the employee needs to be transferred to another position.
- Offer the employee other activities that will not worsen his or her current health condition.
- The employee must agree to the transfer.
Document designer Personnel Suspension from work The procedure for suspension from work in accordance with a medical report According to paragraph. 5 hours 1 tbsp. 76 of the Labor Code of the Russian Federation, the employer must remove from work an employee who, due to health conditions (for example, illness) cannot perform job duties. The document that serves as the basis for suspension from work is most often a medical report issued based on the results of a medical examination or other medical procedures. Period of suspension from work for health reasons In case of suspension for health reasons for up to four months in accordance with Part.
2 tbsp. 73 of the Labor Code of the Russian Federation, an employee is subject to suspension for the entire period specified in the medical report if the employer does not have other vacancies or the employee refuses a temporary transfer.
Procedure for suspension from work in accordance with a medical report
Attention
Additional documentation The reasons for the termination of a particular employee may vary, but he should always be aware of them. For this reason, an order for suspension from work (a sample can be easily downloaded online) is accompanied by a notice, which is necessary to familiarize the employee with the decision made. The employee must read the notice and sign it.
If he refuses to sign, the contents of the document are read to him, after which an act is drawn up. An employee, upon learning that he has been suspended from work, has the right to demand a written explanation. It may be needed if there is a dispute to be had. As for the legal consequences, the termination of the activities of a particular employee can have several results: transfer to another place of work, admission to the labor process and, in fact, dismissal.
Procedure for release from work for health reasons
Courier 1 10,000 2 Storekeeper 1 12,000 3 Accountant 1 9000 Director A.V. Lvov I was given a proposal to transfer to another job in accordance with the medical report, I agree to move to the position of storekeeper (employee’s note of agreement or disagreement with the transfer to the proposed positions) 08/18/2010 Yu.I. Kolesov Sample notification Limited Liability Company "Passenger Transportation" LLC "Passenger Transportation" (name of organization) Voronenko Valery Anatolyevich (to: last name, first name, patronymic of the employee) 2nd class bus driver (employee position) passenger transportation operation department (structural unit) NOTICE from "10" September 2012
No. 11 About the lack of vacant positions corresponding to the medical report Dear Valery Alexandrovich! Conclusion of the medical and social examination No. 4281916 dated September 10, 2012
Important
In various companies and enterprises, situations periodically occur when the employer needs to remove a specific 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 understand how both sides should behave.
Suspension from work This process can be described as a prohibition on the performance of work duties by a specific employee due to certain circumstances. It is worth noting 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 issue a fine than to launch this mechanism, in which an employee of the HR department should be directly involved.
Temporary suspension from work for medical reasons
- when the mandatory medical examination was not successfully completed, as well as the psychiatric examination in those cases provided for by regulatory legal acts and federal laws;
- in case of receiving a certificate establishing the fact of disability (indicating a specific group) or the degree of limitation of the ability to carry out labor activities;
- removal from work for medical reasons is possible with the employee’s participation in a rehabilitation program due to loss of ability to work after an industrial accident;
- a conclusion issued by a doctor at the antenatal clinic.
What must be indicated in the order When such a document is drawn up, it is necessary to record the following information:
- The period during which the suspension will be valid, if it can be determined.
If, if there are grounds for a temporary transfer of up to 4 months, the employee agrees to the temporary transfer, then for 1 month he must maintain the average salary in an amount not less than what it was before the transfer. Approximate examples of notices, dismissal orders, and entries in the work book are given below in the System materials. The presence of grounds for dismissing an employee under clause 8 of part one of Article 77 of the Labor Code of the Russian Federation does not exclude the possibility of dismissing an employee on his initiative (clause
3 parts of the first art. 77 Labor Code). Dismissal at will is an employee’s right, which he can use if he does not want to advertise his health condition or fears that this may become an obstacle to his subsequent employment.
Temporary suspension from work for medical reasons Ministry of Emergency Situations
ITU No. 4281916 dated 09/10/2012, individual rehabilitation program for a disabled person dated 09/10/2012 employee statement, memo, medical report, etc. Head of the organization director Ivanenko I.I. Ivanenko position personal signature signature transcript With order ( order) the employee was familiarized with Voronenko “10” September 20 12 personal signature Reasoned opinion of the elected trade union body in writing (from “ “ 20 No.) reviewed Labor book (fragment). Registration of dismissal if the employer does not have a job that corresponds to the medical certificate issued to the employee. Approved by Decree of the Government of the Russian Federation of April 16, 2003.
No. 225 LABOR BOOK ...
When wages are not suspended during dismissal It is important to understand that there are reasons for termination of employment that imply the preservation of wages or its partial accrual. For example, if removal from work is not a consequence of the employee’s fault, the latter can count on receiving 2/3 of his earnings. An example is the temporary transfer of an employee.
This information is also relevant for pregnant women. She may be suspended due to the need to transfer to a more gentle job based on appropriate medical indications. At the same time, the average salary at the previous place of work will be maintained. She also has the opportunity to be released from work while maintaining the average salary if a suitable new place has not been found.
Removal from the main activity is considered to prevent an employee from performing his or her own job duties for various reasons. The director may prohibit a citizen from performing certain activities if the grounds for this are specified in Article 76 of the Labor Code of the Russian Federation and other documents and regulations. The employee may not be allowed to work, but the employment contract continues to be valid. But such a situation can become a motive to fire employees. Preventing him from activity is only a temporary measure.
How to properly formalize a suspension from work for medical reasons?
The exclusion process is based on the order issued. The reason may be a medical report in which doctors prohibit a citizen from engaging in certain activities. The doctor in this document indicates the period during which the citizen will not be able to continue working. The dependence of this period on the registration of a citizen for a position is direct. A doctor's decision may have a negative impact on his career. If the period is more than 4 months, the employer must offer his subordinate free and vacant positions in the organization.
Are they not there or the employee is not satisfied? Then the suspension from office is issued for the entire period according to the document on the medical report. The employer may refuse the entire employment relationship. According to Article 73 of the Labor Code of the Russian Federation, the employment contract with the citizen is terminated.
Suspension from work under the Labor Code of the Russian Federation
As Article 76 of the Labor Code of the Russian Federation states, an employer can remove an employee from activities if he discovers that medical reports differ from the citizen’s testimony. The first step is to issue an appropriate order, which regulates the removal of the employee from his current position. The employer must notify the citizen that he does not have vacancies or estates that are not contraindicated for the employee due to health conditions. At the same time, the period after which an employee is declared unfit for work is checked.
During the internal investigation
In accordance with the norms of the Labor Code of the Russian Federation and Article 76, it contains lists of grounds for employees. This includes standards for removal from activities and the time of inspection as a result of an internal investigation. And also a rule that obliges the employer to remove employees in compliance with the regulations of the Russian Federation.
Procedure for suspension from work while intoxicated
The non-admission document is usually drawn up on a separate official document. Each employee who is subject to temporary exclusion from their main activities is required to familiarize themselves with it. The right to make such a decision is delegated by the employer. This applies to your own deputy, including the head of your department, the foreman and the head of the section. The act should also indicate the place, including the time the document was drawn up, position and surname.
Sample order for removal from work for medical reasons
The exclusion of an employee from his main activity is documented by an order of the enterprise or company. The document reflects the reasons and grounds for which the employee is not allowed to participate in the work process. It will serve as the main order for the accountant to suspend payroll.
Legal consequences of illegal dismissal from work
Depending on the company, the period of suspension may or may not be paid. As Article 76 of the Labor Code of the Russian Federation states, workers are not paid wages until they return to work. But if he was not admitted through no fault of his own, for example, he did not undergo a medical examination due to the fault of the employer or training in labor safety, the time is paid in the form of downtime. Payment procedures can be found in Article 157 of the Labor Code of the Russian Federation.
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Suspension from work is preventing an employee from performing his or her job duties for one reason or another. The employer has the right to prevent an employee from working on the grounds listed in Art. 76 of the Labor Code of the Russian Federation and other federal laws and regulations.
Suspension from work does not entail a change or termination of the employment contract, but may become a prerequisite for the dismissal of an employee. Prevention is a temporary measure!
One of the grounds on which an employer has the right not to allow its employee to work is medical conditions. The conclusion of the medical examination is issued in the manner prescribed by law.
There are professions where employees must undergo a medical examination before starting a shift and present a doctor’s report to the employer. For example, drivers are required to undergo a medical examination before each trip. It is the employer's responsibility to organize medical examinations for its employees, and the employees' responsibility to undergo such examinations.
In Art. 212 of the Labor Code of the Russian Federation states that the employer does not have the right to release an employee for a shift if the medical report states that the employee has contraindications. The employer must not allow the employee to work until the grounds for contraindications have been eliminated.
The employee can submit to the employer such a conclusion, which will indicate that he cannot perform this particular work, but with easier working conditions, he can. Such an employee must be offered a transfer to another position.
According to paragraph 1 of Art. 73 of the Labor Code of the Russian Federation, the employer is obliged to offer such an employee all available vacancies that correspond to his state of health. To transfer, you must obtain the employee's written consent. If the employee does not accept any of the proposed vacancies, the employer may fire him.
The process of finding a suitable vacancy and obtaining consent from the employee usually takes several days. For this period, the employee is suspended from performing his previous duties. The employer will decide for himself whether to pay for this period at the downtime rate or not pay at all.
Upon receipt of a medical report, the employee must transfer it to the employer. Based on this conclusion, the latter removes the employee from his official duties. This is done on the basis of an order, which is issued on the basis of the conclusion.
The physician must indicate in his report the approximate period of time for which the employee should be suspended. The procedure for obtaining non-admission depends on this. If this period does not exceed 4 months, then the employer must offer the employee a transfer to another position.
If this period exceeds 4 months, then the suspension is not issued. The employee is transferred to another position (temporarily or permanently), or leaves the enterprise on his own initiative. The employer must not dismiss such an employee without his consent.
The Labor Code contains an article providing for exclusion from work. In some cases, the reason for this is health problems.
The removal process is an employer's responsibility and not a right. In other words, if an employee has serious illnesses, the boss cannot help but fire him. The grounds for suspension are contraindications to performing work activities. In addition, the contraindication must be confirmed by a medical report in accordance with the legislation of the country. In this case, the opinion of the employee himself is not taken into account.
Medical Conditions for Suspension
Exempt illnesses include those that make it impossible to work in a given institution. This serves as grounds for removal for medical reasons. Thus, if bronchitis develops, you cannot work at chemical plants, and those employees who have been identified as at risk of developing oncology are not allowed to work at nuclear power plants. If an allergy develops, the employee is transferred to a safer job. Also, a patient may be suspended if he or she arrives at the scene under the influence of drugs or alcohol.
According to the Labor Code, all employees of an enterprise or organization are required to undergo annual medical examinations. In the absence of their results, the person is excommunicated from the work collective. This is due to the fact that the worker can be infectious to others. However, if an enterprise or organization forces you to undergo a medical examination at its own expense, then the person has the right to refuse. But, according to Article 213 of the Labor Code (Russia), the medical examination must be paid for by the enterprise or organization itself.
An agreement is concluded between the medical institution and the enterprise, providing for the examination of all employees on the specified dates according to the schedule drawn up by them. If a person undergoes such an inspection, then the company bears all costs, and the employee receives his average salary.
Work-exempt illnesses
An employee is suspended from his work activity if complications of the following diseases and conditions are observed:
- chickenpox and other contagious diseases;
- acute sinusitis:
- conjunctivitis;
- mental disorders, conditions that pose a threat to the health of others;
- severe cardiovascular pathologies;
- periods of exacerbation of serious diseases.
An employee is not allowed to enter the workplace if the patient has a specific disease or condition. There is a list of harmful professions and jobs that are suitable only for healthy people with strong immunity:
- production is located near a cancer cluster;
- intense and stressful work;
- building sector;
- rubber production;
- chemical production;
- chimney cleaning;
- auto repair shop;
- mining;
- plastic manufacturing plant;
- metalworking, plastic production;
- work in the beauty industry, hairdresser (performing manicures and pedicures involves contact with harmful substances);
- X-ray room;
- farming and agricultural work;
- work on an airplane (pilots and flight attendants).
Removal from work for medical reasons
If you have a medical condition, it can be dangerous to work. To be excused from work, you must confirm your health status. Only the attending physician can issue a certificate for medical reasons. The entire registration procedure must take place in accordance with the country of residence and its laws:
- In Russia - para. 5 hours 1 tbsp. 76 Labor Code of the Russian Federation;
- In Ukraine, this is Article 46;
- In Belarus – article 49 of the Labor Code.
Procedure for dismissal from work
The procedure for registering suspension from work is not described by law. When an employee provides a medical report, the employer is obliged to issue an order. There is no single form of the order, so he can prepare it in free form. However, the order must indicate the following information:
- Suspension period.
- Last name, first name and patronymic of the employee.
- Position held.
- Details of the conclusion (number and date of issue).
If the medical report does not contain information about the period for which the employee is suspended, then the employer has the right to designate it independently. The period established in this way is valid until further decision and clarification of the circumstances. A sample order is presented below.
Example of an enterprise order
After drawing up the order, the employee must read it and sign it. If the employee does not want to read the order, then he draws up a corresponding act. It must be certified by the signatures of witnesses. The document should display:
- the reason for drawing up the act;
- last name, first name and patronymic;
- person's position;
- place and date of drawing up the act.
Depending on the period of suspension from work
The length of the suspension is of great importance. No more than 4 months - the employee is registered for another, non-contraindicated job, in the same institution. At the time of searching for a suitable vacancy, the patient is indicated to be temporarily suspended from work for medical reasons.
If an employee refuses to work or there is no suitable place for him at all, then the absence is issued for the entire period specified in the certificate of medical indications. However, during the period of excommunication, the position remains with the employee. If the suspension is due to health reasons for up to 4 months, then the employee does not receive a salary.
Suspension from work for failure to undergo a medical examination
If the period of exclusion from work exceeds 4 months, the procedure is not subject to registration. If a person nevertheless agrees to engage in another job that is safe for his health, then, of course, a permanent or temporary transfer is issued.
If there is no suitable vacancy or no work, then the employment contract is terminated and the employee is fired, but this is only if the suspension period is exceeded by more than 4 months. In case of removal from work for medical reasons, payment will also not be accrued.
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