Labor Code, N 197-FZ | Art. 186 Labor Code of the Russian Federation
Article 186 of the Labor Code of the Russian Federation. Guarantees and compensations to employees in case they donate blood and its components (current version)
On the day of donation of blood and its components, as well as on the day of the related medical examination the worker is released from work.
In the event that, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) hazardous conditions labor, when it is impossible for the employee to go to work on that day), he is given, at his request, another day of rest.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.
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Commentary on Art. 186 Labor Code of the Russian Federation
1. On the day of donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.
The exit of the employee on the day of blood donation to work is determined by an agreement between the employee and the employer, which must be drawn up in writing. In this case, the employee, at his request, is provided with another day of rest. If an agreement is not reached, then the employee does not go to work on the day of blood donation. It is not allowed to conclude an agreement with an employee employed in work with harmful and (or) dangerous working conditions; his return to work on that day is impossible.
If the day of blood donation coincides with a weekend, non-working holiday or falls within the period annual leave, then the employee has the right to choose whether to use another day of rest or not.
In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. He has the right to add this day to the annual paid leave (basic, additional) or use it at other times during the year after the day of blood donation.
2. The guarantee that the employee will keep the average salary for the days of donating blood and its components and the provision of rest days in connection with this applies to all employees, regardless of whether they donated blood and its components free of charge or on a paid basis.
3. Legal status donors, in addition to Art. 186 of the Labor Code, regulated by the Law on Donation.
A donor has the right to be a capable person who is a citizen of the Russian Federation or legally residing in the territory of the Russian Federation for at least one year, a foreign citizen or a stateless person who has reached the age of 18 or has acquired full legal capacity before reaching the age of 18 in accordance with the legislation of the Russian Federation, who has expressed a voluntary desire to donate blood and (or) its components, who has undergone a voluntary medical examination and has no medical contraindications for donating blood and (or) its components (part 1 of Art. 12 of the Law on Donation). Donor of blood and (or) its components - a person who has voluntarily undergone a medical examination and voluntarily donates blood and (or) its components (clause 2, part 1, article 2 of the Law on Donation).
4. According to Art. 12 of the Law on Donation, he has the right to: 1) donate blood and (or) its components free of charge or for a fee in accordance with this Law; 2) protection by the state of his rights and health protection; 3) familiarization with the results of his medical examination; 4) full information about the possible consequences of donating blood and (or) its components for health; 5) getting free medical care in accordance with the established standards of its provision in cases of reactions and complications associated with the performance of the donor function; 6) compensation for harm caused to his life or health in connection with the performance of the donor function; 7) measures social support established by the named Federal Law, normative legal acts subjects of the Russian Federation, municipal legal acts.
5. On the basis of Part 3 of Art. 12 of the Law on Donation, in order to perform the donor function, a donor must: 1) present a passport or other identification document; 2) provide information known to him about infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and (or) spread of mass infectious diseases or epidemics, about the use of narcotic drugs, psychotropic substances, about working with harmful and (or) dangerous working conditions, as well as vaccinations and surgical interventions performed within a year before the date of donation of blood and (or) its components; 3) undergo a medical examination, which is free of charge for him and carried out before donation. Information about the donor's personal data is not subject to disclosure to the recipient, just as the recipient's personal data is not subject to disclosure to the donor (the recipient - individual who, for medical reasons, requires or has undergone a transfusion (transfusion) of donor blood and (or) its components).
A donor who has deliberately concealed or distorted information about the state of health known to him in the performance of a donor function shall be liable under the law. Russian Federation if such actions have caused or could have caused harm to the life or health of recipients (part 4 of article 12 of the Law on Donation).
Donors who donate blood for a fee are subject to the rights and obligations of donors established by the Law on Donation, with the exception of the rights provided by the said Federal Law only for donors who donate blood and (or) its components free of charge (Part 5, Article 12 of the Law on Donation).
6. A donor with an autologous transfusion (transfusion) of donor blood and (or) its components is not subject to social support measures provided to a donor who donated blood and (or) its components free of charge (see Part 6, Article 12, Article 22 of the Law on Donation).
A donor who has donated blood and (or) its components free of charge is provided with the following measures of social support.
On the day of donating blood and (or) its components, a donor who has donated blood and (or) its components free of charge is provided with free food at the expense of an organization engaged in the procurement of donor blood and its components. Establishing the diet of such a donor is within the authority of the authorities state power subjects of the Russian Federation in the field of circulation of donated blood and (or) its components (see Part 1, Article 10, Part 1, Article 22 of the Law on Donation).
Judicial practice under Article 186 of the Labor Code of the Russian Federation:
- Decision of the Supreme Court: Determination N 8-KG15-27, Judicial Collegium for Civil Cases, cassation
The procedure for paying for rest days granted to an employee in connection with the donation of blood and its components is determined by Part 5 of Article 186 of the Labor Code of the Russian Federation and provides for the employee to retain his average earnings for the days of blood donation and the rest days provided in connection with this ...
- Decision of the Supreme Court: Determination N VAS-104/14, Supreme Arbitration Court, supervision
The list of amounts not subject to insurance premiums is determined by Article 9 of Law No. 212-FZ. According to the provisions of Article 186 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary...
- Decision of the Supreme Court: Determination N VAC-6428/13, Supreme Arbitration Court, supervision
According to Article 186 of the Labor Code of the Russian Federation, an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary ...
On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is given another day of rest at his request.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.
Commentary on Article 186 of the Labor Code of the Russian Federation
1. Blood donors are persons who have undergone a medical examination and voluntarily donate blood and (or) its components.
In accordance with Part 1 of Art. 12 federal law dated July 20, 2012 N 125-FZ "On the donation of blood and its components" a capable person who is a citizen of the Russian Federation or legally residing in the territory of the Russian Federation for at least one year as a foreign citizen or a stateless person who has reached the age of 18 or who has acquired full legal capacity before reaching the age of 18 in accordance with the legislation of the Russian Federation, who has expressed a voluntary desire to donate blood and (or) its components, who has volunteered medical examination and does not have medical contraindications for donating blood and (or) its components.
2. Employees who are donors of blood and its components are provided with the following guarantees:
a) release from work on the day of donating blood and its components, as well as on the day of the related medical examination;
b) providing another day of rest if the employee went to work on the day of donating blood and its components;
c) providing another day of rest in case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday;
d) providing an additional day of rest after each day of donating blood and its components, or joining these days to annual paid leave or using them at another time;
e) maintaining the average wages on the days of blood donation and the provision of days of rest in connection with this (see Determination of the Armed Forces of the Russian Federation of March 2, 2012 N 56-B11-17).
3. On the day of the medical examination related to the donation of blood and its components, the employee must be released from work. The procedure for the medical examination of donors involves the appearance of a donor for examination at the department (office) for recording and recruiting donor personnel at blood transfusion stations, the department (office) for blood transfusion of medical institutions and excludes the presence of a donor on the day of the examination for work.
4. On the day of donation of blood and its components, the donor may go to work by agreement with the employer. This possibility is excluded in cases where the employee is employed in work with harmful and (or) dangerous working conditions.
If an employee went to work on the day of blood donation, he is given another day of rest. The provision of another day of rest is carried out at the request of the employee. The employee must inform the employer in advance about the time of using this day. Unauthorized use of another day of rest for the specified reason should be considered as a violation labor discipline, however, such a violation is not absenteeism (subparagraph "d", paragraph 39 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). In order to avoid misunderstandings, it is advisable to determine the time of using another day of rest (or the procedure for notifying the employer about the time of its use) upon reaching an agreement between the donor and the employer on the donor's work on the day of blood donation.
5. Since when donating blood and its components during the period of annual paid leave, on weekends and non-working holidays the provision of another day of rest is the obligation of the employer, the desire of the employee determines only the time of use, and not the very fact of providing such a day.
6. Additional days of rest after each blood donation day can either be used immediately following the blood donation day, or attached to annual paid leave, or used at any other time during calendar year. The right to choose the time of using these days belongs to the employee, however, he must notify the employer in advance of the desire to add them to the vacation, at least before the next blood donation.
The use of these days is possible throughout the year, i.e. 365 days from the date of blood donation. In this case, the employee must also inform the employer in advance of his intention.
7. Guarantees in the form of release from work and additional days of rest, as well as the preservation of average earnings during this time, are provided to all donors, regardless of whether they donate blood and its components for compensation or free of charge.
For the procedure for calculating average earnings, see Art. 139 of the Labor Code and commentary to it.
8. In accordance with paragraph 20 of Art. 255 of the Tax Code, labor costs of donor workers for the days of examination, blood donation and rest days provided after each blood donation are included in labor costs when calculating income tax.
Another commentary on Article 186 of the Labor Code of the Russian Federation
According to Art. 1 of the Law of the Russian Federation of 09.06.1993 N 5142-1 "On the donation of blood and its components" (as amended on 07/24/2009), every capable citizen from 18 years of age who has undergone a medical examination can be a donor of blood and its components.
On the day of donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.
By agreement between the employee and the employer, the employee may return to work on the day of blood donation. In this case, the employee, at his request, is provided with another day of rest. Employees engaged in hard work and work with harmful and (or) dangerous working conditions are not allowed to go to work on the day of blood donation.
If the day of blood donation coincides with a day off, a non-working holiday, or if it falls during the annual leave, the employee, at his request, is given another day of rest.
In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. Part 4 of this article provides for the employee's right to add this day to the annual paid leave (basic, additional) or use it at other times within a year after the day of blood donation. An employer has no right to refuse an employee who is a donor to provide an additional day of rest after the day of blood donation. If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absenteeism in such a situation is not absenteeism. Plenum Supreme Court The Russian Federation in Resolution N 2 of March 17, 2004 (subparagraph "d" paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them and the time for the employee to use such days did not depend on the discretion of the employer (for example, refusal to provide an employee who is a donor in accordance with part 4 of article 186 of the Labor Code of the day of rest immediately after each day of blood donation and its components).
The period during which an employee who is a donor can exercise his right to use an additional day off is one year after the day of blood donation.
Part 5 of this article obliges the employer to retain for the employee his average earnings for the days of blood donation and the rest days provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.
ST 186 of the Labor Code of the Russian Federation.
On the day of donation of blood and its components, as well as on the day of the related medical examination
the worker is released from work.
In the event that, by agreement with the employer, the employee on the day of donating blood and its components
went to work (with the exception of work with harmful and (or) dangerous working conditions, when the exit
employee to work on this day is impossible), he is given another day at his request
recreation.
In the case of donating blood and its components during the period of annual paid leave, in
weekend or non-working holiday, the employee is given another day at his request
recreation.
After each day of donating blood and its components, the employee is provided with
extra day off. The specified day of rest at the request of the employee can be
attached to annual paid leave or used at other times during the year
after the day of donation of blood and its components.
When donating blood and its components, the employer retains for the employee his average
earnings for the days of delivery and the days of rest provided in connection with this.
Commentary on Art. 186 of the Labor Code of the Russian Federation
1. Blood donors are persons who have undergone a medical examination and voluntarily donate blood and (or) its components.
In accordance with Part 1 of Art. 12 of the Federal Law of July 20, 2012 N 125-FZ "On the donation of blood and its components" a capable person who is a citizen of the Russian Federation or legally residing in the territory of the Russian Federation for at least one year as a foreign citizen or a stateless person who has reached the age of 18 or who has acquired full legal capacity before reaching the age of 18 in accordance with the legislation of the Russian Federation, who has expressed a voluntary desire to donate blood and (or) its components, can become a donor, who has undergone a voluntary medical examination and has no medical contraindications for donating blood and (or) its components.
2. Employees who are donors of blood and its components are provided with the following guarantees:
a) release from work on the day of donating blood and its components, as well as on the day of the related medical examination;
b) providing another day of rest if the employee went to work on the day of donating blood and its components;
c) providing another day of rest in case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday;
d) providing an additional day of rest after each day of donating blood and its components, or joining these days to annual paid leave or using them at another time;
e) maintaining the average salary on the days of blood donation and providing days of rest in connection with this (see Ruling of the Armed Forces of the Russian Federation of March 2, 2012 N 56-B11-17).
3. On the day of the medical examination related to the donation of blood and its components, the employee must be released from work. The procedure for the medical examination of donors involves the appearance of a donor for examination at the department (office) for recording and recruiting donor personnel at blood transfusion stations, the department (office) for blood transfusion of medical institutions and excludes the presence of a donor on the day of the examination for work.
4. On the day of donation of blood and its components, the donor may go to work by agreement with the employer. This possibility is excluded in cases where the employee is employed in work with harmful and (or) dangerous working conditions.
If an employee went to work on the day of blood donation, he is given another day of rest. The provision of another day of rest is carried out at the request of the employee. The employee must inform the employer in advance about the time of using this day. Unauthorized use of another day of rest for the specified reason should be considered as a violation of labor discipline, however, such a violation is not absenteeism (subparagraph "e", paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). In order to avoid misunderstandings, it is advisable to determine the time of using another day of rest (or the procedure for notifying the employer about the time of its use) upon reaching an agreement between the donor and the employer on the donor's work on the day of blood donation.
5. Since when donating blood and its components during the period of annual paid leave, on weekends and non-working holidays, it is the employer’s responsibility to provide another day of rest, the employee’s desire determines only the time of use, and not the very fact of providing such a day.
6. Additional days of rest after each blood donation day may either be used immediately following the blood donation day, or attached to annual paid leave, or used at any other time during the calendar year. The right to choose the time of using these days belongs to the employee, however, he must notify the employer in advance of the desire to add them to the vacation, at least before the next blood donation.
The use of these days is possible throughout the year, i.e. 365 days from the date of blood donation. In this case, the employee must also inform the employer in advance of his intention.
7. Guarantees in the form of release from work and additional days of rest, as well as the preservation of average earnings during this time, are provided to all donors, regardless of whether they donate blood and its components for compensation or free of charge.
For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.
Official text:
Article 186
On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is given another day of rest at his request.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.
Lawyer's comment:
According to Article 1 of the Law of the Russian Federation of June 9, 1993 No. 5142-1 "On donation of blood and its components" (as amended on July 24, 2009), every capable citizen over 18 years of age who has undergone a medical examination can be a donor of blood and its components. On the day of donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.
By agreement between the employee and the employer, the employee may return to work on the day of blood donation. In this case, the employee, at his request, is provided with another day of rest. Employees engaged in hard work and work with harmful and (or) dangerous working conditions are not allowed to go to work on the day of blood donation. If the day of blood donation coincides with a day off, a non-working holiday, or if it falls during the annual leave, the employee, at his request, is given another day of rest.
In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. Part 4 of Article 186 provides for the employee's right to add this day to the annual paid leave (basic, additional) or use it at other times during the year after the day of blood donation. An employer has no right to refuse an employee who is a donor to provide an additional day of rest after the day of blood donation.
If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absenteeism in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation in its resolution of March 17, 2004 No. 2 (subparagraph "e" of paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them and the time for the employee to use such days did not depend on the employer’s discretion (for example, a refusal to an employee who is a donor to provide, in accordance with part 4 of article 186 of the Labor Code, a day of rest immediately after each donation of blood and its components).
The period during which an employee who is a donor can exercise his right to use an additional day off is one year after the day of blood donation. Part 5 of Article 186 obliges the employer to retain for the employee his average earnings for the days of blood donation and the rest days provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.
On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is given another day of rest at his request.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.
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