Suspension from work at the initiative of the employer is a temporary ban on the employee performing his job duties. This measure is used only if there are sufficient grounds, the list of which is established in Article 76 of the Labor Code of the Russian Federation.

Moreover, in fact, preventing an employee from performing his immediate duties is not a right, but an obligation of the employer, which he must fulfill immediately after identifying the relevant circumstances. It should be noted that the decision to prevent an employee from working can be made not only by the head of the company, but also by authorized employees of government agencies, as well as by the court.

The removal of an employee from performing his or her job duties is not itself a reason for amending or terminating the employment contract. However, the use of this measure implies several outcomes:

1. Resumption of work functions;
2. Transfer to another job;
3. Termination of an employment contract.

During the period of suspension, according to Article 76 of the Labor Code of the Russian Federation, employees are not paid wages. The exception is cases when it is not the citizen’s fault that he is not allowed to work. Then, according to the specified norm, this time is regarded as forced downtime and payment is made according to the rules provided for in Article 157 of the Labor Code of the Russian Federation.

The procedure for registering non-admission to work may differ depending on the circumstances and specifics of the enterprise’s activities. However, it has several basic rules that apply to all situations:

• If facts are identified that entail the removal of an employee from work, they should be documented. Often in this case, an appropriate act is used, which notes information about the employee and describes the grounds for his removal.
• The decision to not allow a worker to work must also be formalized in accordance with the established procedure.

All facts identified during the consideration of the issue of removing a worker must be recorded or have documentary evidence. They can have different types, based on the basis on which the employee is not allowed to carry out work activities.

Any violations in the procedure for registering this measure or abuse by the company’s management of their right to remove a worker entails administrative liability. In addition, the employee can go to court and then the company’s expenses associated with violation of the current labor legislation will increase even more.

What is a suspension?

The concept of “suspension” from work is used in the text of Article 76 of the Labor Code of the Russian Federation. However, in itself it implies the termination of the work of an employee who has actually already begun it. If circumstances preventing the employee from fulfilling the duties assigned to him are discovered before the actual start of work, then the concept of “not allowing” him to work is used.

A temporary restriction on work activity may also be imposed on a worker by an authorized government agency or a court. At the same time, the ban is not always aimed at removing people from work. If a citizen is deprived of a special right (for example, a driver’s license) or a license to perform a certain type of activity, then there will be no direct ban on work. On the other hand, if the rights of a worker working as a driver are taken away, then the employer, based on a court decision, removes him from the implementation of labor functions.

It must be taken into account that the grounds for excluding employees may differ depending on their field of activity. In addition to Article 76 of the Labor Code of the Russian Federation, they are regulated by a number of federal regulations that apply in a specific industry and can make significant changes to the procedure for removing employees or introduce additional grounds for this.

Reasons for dismissal from work

The list of main circumstances that entail the exclusion of employees from work is enshrined in Article 76 of the Labor Code of the Russian Federation:

• An employee showing up at work while intoxicated;
• The worker has not undergone training or testing of skills in the field of occupational safety in accordance with the established procedure;
• Lack of a certificate of completion of a medical examination or examination by a psychiatrist, if this document is necessary for the employee to perform his job duties;
• In case of restriction of a special right or deprivation of a license to engage in a certain activity;
• In the event of a significant deterioration in the worker’s health, providing for restrictions in the conditions and severity of work and the impossibility of performing the labor functions assigned to him in accordance with the concluded contract (subject to the corresponding decision of the medical commission);
• By the tribunal's decision.

This list is not exhaustive. A number of Federal laws also contain additional grounds for the removal of company employees from fulfilling the duties assigned to them under the provisions of the contract.

In addition, if there are sufficient grounds, a decision on not allowing a person to work can be made by authorized officials and government agencies. Thus, an employee of the Labor Inspectorate, according to Article 357 of the Labor Code of the Russian Federation, has the right to issue an order to remove persons who have not undergone safety training in the prescribed manner. Also, in relation to citizens under investigation, according to Article 114 of the Code of Criminal Procedure of the Russian Federation, the investigator has the right to demand temporary exclusion from performing work duties.

Upon receipt of such orders, the employer must, in accordance with the procedure established by law, remove the employee from work. The restriction is often a temporary measure. After eliminating the circumstances that impeded the performance of official duties, the employee must be immediately allowed to work.

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

The removal procedure at the initiative of the management of the enterprise occurs on the basis of documented facts that impede the continuation of the performance of official duties. Depending on the circumstances that served as the reason for not allowing you to work, the papers required to complete it also change.

For example, if you appear in a state of alcoholic or other type of intoxication, it is necessary to call medical workers who will draw up an appropriate report, and also send the employee for a medical examination. The immediate supervisor of this employee draws up a memo addressed to the head of the enterprise. Based on the act and note, a decision is made to remove the worker, and a corresponding order is issued.

If, in accordance with the established procedure, a citizen has received a decision from a special commission about the deterioration of his health and the impossibility of continuing to work in his current position, this decision is also sent to the enterprise. The manager, for his part, must remove the employee from work and transfer him to another job. If there are suitable vacancies, according to honey. recommendations, the company does not, then the employment contract is terminated.

Payment for days of suspension is not generally made. Accruals stop from the moment the corresponding order is issued, so it is very important to issue it without delay. In some cases, according to labor legislation, it is allowed to pay for this time as idle time - in the amount of 2/3 of the salary. Earnings are accrued in full if the suspension occurred in connection with an internal audit or until the conflict situation is resolved (these norms apply to state and municipal employees).

If the non-admission was made in violation of current legislation, then the employee’s lost income must be compensated in full. In addition, he has the right to go to court for compensation for moral damage.

Rules for issuing an order for suspension from work

After the manager receives documents confirming the existence of grounds for preventing the employee from performing work duties, he must immediately issue an order for his removal. It does not have a unified form or form. An order is issued in any form, if local regulations at the enterprise do not establish a standard form for such documents. If the organization has letterhead, then the order can be issued on them, but this is not mandatory.

Despite the fact that this document does not have a unified form, when preparing it you should adhere to a number of rules:

• The order reflects the full name and position of the suspended employee;
• The grounds for exclusion from performing official duties are noted;
• Details of the documents on the basis of which this decision was made are indicated;
• It is noted whether the salary of this employee will be calculated based on the specific circumstances that led to the removal;
• Establish a period for preventing the employee from working (fixed or until the reasons for preventing him from working are eliminated);
• If necessary, the order indicates the person who will be temporarily assigned the duties of this employee until he resumes his work.

The order is signed by the head of the company, after which it is sent to the suspended employee for review. If he refuses to sign this document, a corresponding act is drawn up in the presence of at least 2 witnesses.

In addition, you must take an explanatory note from the employee if this is provided for by the specific circumstances of the circumstances. Giving explanations is the right of the worker, who is given the opportunity to express his point of view regarding the current situation. If you refuse to write an explanatory note, all facts will be interpreted at the discretion of the employer.

The text of the order should also indicate the persons responsible for its implementation. Since it is associated with preventing the worker from entering the workplace and performing his job duties, it is best to entrust control over the execution of the order to the immediate supervisor of the suspended employee. Also often, a security chief or a watchman may be appointed as a responsible person if the enterprise has a pass control system.

Reflection of suspension from work in the time sheet

Today, maintaining a timesheet (WTC) is not mandatory, therefore, when registering it, both unified designations and those adopted at a particular enterprise can be used. From the point of view of legislation, they do not have any legal force, but are used only for internal accounting.

On the other hand, if a controversial situation arises, the URV report card can serve as confirmation of the date of suspension. But in this case, it will be better if unified designations are used when preparing this document:

1. Non-admission to the workplace without payment of wages - NB;
2. Suspension with payment of average earnings - BUT;
3. Payment for time limited in work activity, as forced absenteeism - PV.

Unlawful removal from work and its consequences

Violation of the procedure for desalination from work activity or making mistakes when preparing the necessary documents accompanying this procedure entails recognition of the inadmissibility to work as illegal. It does not matter whether these actions were committed consciously or without criminal intent.

If an employee files a complaint with the government. labor inspectorate and during the inspection, violations in the removal procedure are revealed, then, according to Article 234 of the Labor Code of the Russian Federation, the employer will be obliged to compensate in full for unpaid wages. In addition, an admin may be imposed on it. collection under Article 5.27 of the Code of Administrative Offenses in the form of a fine in the amount of up to 50 thousand rubles. A fine of up to 5 thousand rubles may also be imposed on the personnel officer.

In court, a suspended employee may demand compensation not only for lost income, but also for moral damage. In this case, the amount of compensation will be determined by the court.

Unfortunately, not all employees, upon arriving at the enterprise, are ready to perform their duties, and there can be many reasons for this: from a banal health disorder to alcohol intoxication.

In such a situation, the employer has every right to remove them from work until the circumstances are clarified and a final decision is made, or until the reasons that impede work are eliminated.

Regulations under the Labor Code of the Russian Federation

In accordance with the provisions of the law, namely Art. 76 of the Labor Code of the Russian Federation, the head of an enterprise or the head of a department has every right to not allow an employee to perform direct duties if there is reason to believe that for some reason he will not cope with the assigned tasks, or circumstances have arisen that have become an obstacle to access to the worker place.

In particular, an employee may be suspended in the following situations:

• appearing at the enterprise during working hours in a state of intoxication, both alcoholic and narcotic;
• those who have not passed a mandatory medical examination in accordance with the established rules specified in local acts or federal legislation;
• refusal or failure to complete training in occupational health and safety regulations;
• for medical reasons with an established ban on performing certain types of work or workload;
• suspension or cancellation of a license to perform certain types of work;
• if there is an order from authorized persons to remove the employee from performing duties.

If a worker is removed from work, no payment is made, because he does not fulfill his duties. In exceptional cases, his average earnings may be retained, but only if there is evidence that the reason was the enterprise itself.

The procedure for this action according to the Labor Code of the Russian Federation is discussed in the following video:

Nuances of the grounds

Despite the fact that in Art. 76 of the Labor Code provides a fairly complete list of reasons for dismissal; some employers do not always understand in what cases they can be applied, because life circumstances are different, and it is not always clear how they are consistent with legislative norms:

• For example, dismiss an employee showing up at the company drunk, is possible only if this happened during his shift, and not after the end of the working day. Also, this basis can only be applied if the state of intoxication can be documented. That is, at a minimum, you need to draw up an act identifying the fact of inappropriate behavior with the signatures of several witnesses, issue a referral to a medical institution for examination and receive a written explanation from the citizen himself.
  In the absence of the specified documents, the dismissal will be illegal, and the employee will be able to challenge it, as well as prove a violation of his rights to work and receive earnings.
• There are nuances and during a medical examination. The fact is that, on the basis of Art. 213 of the Labor Code of the Russian Federation, employees are required to undergo periodic examinations not on their own initiative, but on the basis of a pre-drawn schedule approved by order of the enterprise, and also only after concluding an agreement between the organization and the medical institution.
  In the absence of the specified documents, the worker may refuse to undergo the inspection, especially if he is required to undergo this procedure at his own expense or on his legal day off. After all, on the basis of the same Art. 213 of the Labor Code is paid by the enterprise, and during the time spent in the clinic, the employee retains his average earnings (Article 185 of the Labor Code of the Russian Federation). Although, if an order has been issued and the employee does not comply with its norms, the removal will be completely legal.
• There are nuances and in case of failure to complete occupational safety training. The fact is that each enterprise must have a package of documents regulating the procedure for creating a commission for testing this knowledge; regulations and evaluation criteria must be developed in accordance with the norms of Art. 212 Labor Code of the Russian Federation.
  It will not be possible to simply accuse an employee of violating safety rules or lacking relevant knowledge; written confirmation is required for this. That is, the same training schedule, responsible persons authorized by the order, inspection protocol, assigned and justified assessments, without which removal on this basis will be illegal.
• There are special features when removing due to medical reasons. The fact is that if there is a medical report with recommendations to reduce the workload or change work duties, the employer must first of all be guided by the norms of Art. 73 of the Labor Code of the Russian Federation, which stipulates the procedure for transferring an employee to another position for a period of up to 4 months.
  If the enterprise does not have a position that would correspond to the recommendations given in the conclusion, or the employee does not agree to a temporary transfer, he can be suspended from work for up to 4 months or until he becomes disabled in the manner prescribed by law.
• There are some difficulties and upon suspension or expiration of the license or other documents. The fact is that this rule, as a rule, applies to drivers who are deprived of their rights due to violation of the law, as a result of which they can no longer perform their duties. But permits for certain types of activities are also provided in other cases. For example, to work as a security guard with the right to carry weapons, you need a license, which can be suspended due to violation of the rules for storing personal weapons or when an administrative penalty is imposed (Article 26 of Federal Law No. 150). There is also a special patent for workers in the medical industry, which has a validity period and must be periodically confirmed (clause 46 of Federal Law No. 99).
  Employers need to remember that in some cases, it is not the employee who is responsible for obtaining or renewing a license, but the enterprise, because on the basis of Art. 196 of the Labor Code of the Russian Federation, it is the management of the organization that must check the qualifications of the employee and send him for training, especially in cases where such norms are regulated by law.
• There may be nuances and upon receipt of an order from authorized persons. As a rule, such a document is received during an inspection by the Labor Inspectorate of the legality of the actions of employees of the personnel department or accounting department, or when an infectious disease is detected in an employee whose duties are related to serving the population.
  In such a situation, the employer has no choice and is obliged to remove the worker until all the circumstances that led to such a situation are identified, or until a final decision is made regarding the duration of the sanctions applied. In the situation described above, the employee may be dismissed on the basis of the provisions of Art. 81 Labor Code of the Russian Federation.

Nuances when removing a foreigner

It has its own characteristics and procedure for removing from work a foreign citizen who can carry out labor activities on the territory of the Russian Federation only if he has a certain package of documents that have their own validity period.

In particular, this procedure is stipulated in Art. 327.5 of the Labor Code of the Russian Federation, which states that a foreign worker can be suspended in the following cases:

• suspension or expiration of the enterprise’s permission to use foreign labor;
• expiration of the patent;
• expiration of the validity period for a temporary stay or residence permit in the Russian Federation;
• expiration of the medical insurance policy.

The procedure for this action

It should be noted that removal from work is a temporary measure and in most cases does not lead to automatic dismissal, but on the contrary, it serves rather as a kind of dismissal. After all, the lack of earnings due to one’s own negligent attitude towards the norms of local regulations of the enterprise becomes a more instructive lesson than an order to issue a reprimand.

Procedure for removal is not currently regulated at the legislative level, therefore, in each organization this procedure is carried out on the basis of the norms specified in local acts, or on the basis of administrative documents, which are orders and orders with reference to documentary evidence of the reasons for excommunication from activities.

The procedure largely depends on the reason for exclusion from performing duties, which must be documented in writing.

That is, initially, when a fact is revealed, for example, failure to undergo a medical examination or lack of an appropriate level of knowledge on labor protection, it is drawn up in the name of the head of the enterprise with a description of the current situation. All documents confirming the fact of violation are attached to the note, and based on the results of studying all the documentation, a decision is made, which is enshrined in the order to remove the employee, indicating the period of such sanctions.

Responsibility for violation of order

If an employee is suspended without documented grounds, such actions are considered unfounded and may result in administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. It provides for penalties in the form of fines up to 50 thousand rubles or disqualification and a ban on engaging in a certain type of activity.

Also, the enterprise will be obliged to pay compensation to the employee for deprivation of the right to work and receive earnings on the basis of Art. 234 of the Labor Code of the Russian Federation in the amount of the average salary for all days of illegal removal from work duties. That is why, when issuing such an order, management should consider how the grounds for removal meet the legal requirements.

In some cases, the employer may have the opportunity to remove an employee from work. This procedure is within the framework of current Russian labor legislation, which carefully regulates the possibility of its application to employees and legal consequences. The grounds and procedure for removal from work under the Labor Code of the Russian Federation may include various reasons - from medical indications to alcohol intoxication.

What is debarment - legal standards and article of the Labor Code of the Russian Federation

Current labor legislation assumes the possibility of situations arising during labor relations in which an employee cannot be allowed to perform his work duties for various reasons. And this issue has legal regulation, provided primarily by the provisions of Article 76 of the Labor Code of the Russian Federation. However, some issues related to removal from work are regulated by other regulations, which in particular include:

• Art. 73 Labor Code of the Russian Federation. Despite the fact that this article regulates the grounds and procedure for transferring workers based on medical reports to other positions, it also discusses cases in which suspension from work may be applied.
• Art. 121 of the Labor Code of the Russian Federation considers the application of suspension in the context of the period of time in office and its impact on the amount of paid leave. Thus, according to its standards, the time spent on suspension does not give the right to inclusion in the period of work, on the basis of which the number of days of vacation is established, except in cases of illegal removal or removal through no fault of the employee.
• Art. 234 of the Labor Code of the Russian Federation establishes by its standards the obligation of the employer to compensate for damage caused to the employee caused by the latter’s deprivation of the opportunity to work at work, including in cases of unlawful dismissal from work.
• Art. 327.5 of the Labor Code of the Russian Federation provides additional reasons for the exclusion of foreign employees or persons without any citizenship from working for an employer.
• Art. 330.4 of the Labor Code of the Russian Federation regulates the application of suspension to workers engaged in underground work, significantly expanding the list of grounds for such a measure of influence.
• Art. 331.1 of the Labor Code of the Russian Federation considers additional situations in which workers employed in the teaching field may be suspended from work.
• Art. 348.5 of the Labor Code of the Russian Federation concerns the principles of exclusion of athletes from participation in sports events and competitions.
• Art. 357 of the Labor Code of the Russian Federation regulates the rights of labor inspectors and gives them the authority to order employers to remove certain employees from carrying out work activities.

The reasons for removal in general may vary, but the main one is to ensure the safety of both the employees themselves and those around them. At the same time, it is necessary to distinguish suspension from downtime or absenteeism - these are completely different legal concepts, bearing various consequences for the parties to the labor relationship. Also, suspension does not apply to disciplinary sanctions, and unlike them, the imposition of suspension is not a right, but an obligation of the employer.

Suspension itself provides that the employee is not allowed to perform his or her job duties. A corresponding entry about this is made in the working time sheet, and other internal documents are drawn up and registered at the enterprise. During the period of suspension, the employee retains his position, however, for the entire period of the employee’s suspension, he is not paid wages.

If the suspension from work is subsequently declared illegal under the Labor Code of the Russian Federation, the employer will be obligated to compensate for all days of the employee’s suspension as downtime, and other legal consequences of the suspension must also be eliminated in this case.

Types and reasons for employee removal from work

Before proceeding with a detailed consideration of the removal procedure, it is necessary to understand when its initiation is permissible. In particular, the employer does not have the right to use this mechanism to suspend the activities of employees simply on its own initiative - its use is permissible only in cases determined by the Labor Code. Current legislation provides for the following grounds for removing an employee from work:

• Medical report. If for any reason an employee is contraindicated from carrying out work activities in the position he or she occupies, the employer may temporarily suspend the employee from performing work duties.
• Deprivation of special rights necessary to perform work duties. These may include a court decision on disqualification, deprivation or temporary withdrawal of a driver’s license, revocation of a license and other grounds, if the duration of such period is no more than one month.
• Failure to undergo a mandatory medical examination, when provided for by the standards of current legislation.
• Being in a state of intoxication at the workplace - alcoholic, toxic or narcotic.
• Requirements of government bodies and officials, for example, labor inspectors.
• The absence of the fact that the employee has undergone safety or labor protection training, when such training is mandatory.

This list is general and mandatory for use. Some professions and positions may have a broader scope of situations in which suspension may apply. In particular, such expanded grounds for preventing employees from performing their job duties include:

• Expiration of a health insurance policy, residence permit, patent, work permit or temporary residence permit if the employee is a foreigner or stateless person.
• Refusal to use personal protective equipment, failure to comply with other safety requirements established by federal legislation, and the presence of flammable objects, alcohol, drugs or personal property that could pose a safety threat are reasons for exclusion from underground work.
• Conducting criminal proceedings against teaching staff, as well as other persons whose work is to provide services aimed at children under certain articles of the Criminal Code of the Russian Federation - until the court makes a final decision.

The duration of suspension from work is established for each situation separately. In general, generally accepted standards of labor legislation suggest that such exclusion from work can last until the reasons for the exclusion are eliminated.

Grounds and procedure for removal from work based on them

The current removal procedure has rather weak legal regulation, so the employer should adhere to simple but effective methods to implement these norms of the Labor Code. In most situations, the removal mechanism is carried out as follows:

1. The employer receives a document on the basis of which the employee can be suspended. Such a document can be a medical report, reports of other employees, decisions of the labor inspectorate, decisions of the court or other bodies on the suspension of special rights of employees and other documents.
2. The employer issues an order to remove the employee from performing work duties until the reasons that led to it are eliminated.
3. A copy of the order is given to the employee against an act signed by two other employees. In case of refusal to receive, a report is also drawn up. If it is not possible to deliver the document to the employee, a copy of it is sent by mail with an inventory and notification.
4. The employee is suspended from his position, and for the duration of the suspension a corresponding note is made on the working time sheet.

In some situations, suspension is not possible due to the employee's actions. For example - when intoxicated. In this case, the employer has the right to use the assistance of law enforcement agencies. If an employee refuses to leave the workplace and fulfills his work duties, regardless of the suspension, from a documentary point of view he is still considered suspended with the corresponding legal consequences.

Illegal removal from work and other nuances of the procedure

The removal procedure has many additional nuances that both the employee and the employer should be aware of. First of all, if the dismissal is found to be unlawful, the employee may demand payment of all earnings due to him for the period during which he was suspended from office. In this case, earnings are paid in full, as if the employee was actually at the workplace and performing his duties.

The removal of an employee who is in a state of intoxication requires mandatory recording of this fact and the collection of evidence in case the employee may challenge the procedure or if it is necessary to dismiss the employee for this offense. It should be noted that in this case the employer is obliged to remove the employee, and dismissal is his right, but may not apply to the employee.

If removal for medical reasons is necessary, the employer must first offer the employee all available and medically suitable positions at the enterprise to which he can be transferred. Removal in this case is allowed only if there are no corresponding positions or if the employee refuses to be transferred to another job. During the period of suspension, the position of the employee remains in any case throughout the entire period of suspension.

The employee’s insurance period is not accrued during the period of suspension, since payments for it to the Pension Fund of the Russian Federation and the Social Insurance Fund are not made for the specified period. The employee also does not accrue the length of service required to provide paid annual leave.

In some cases, the manager has the legal right to prevent an employee from performing his official duties.

However, in the absence of significant grounds, such actions by the employer are perceived as an offense and may lead to certain legal consequences. You can find out what a citizen whose rights have been violated should do in this article.

The concept of illegal removal from work

The labor legislation of the Russian Federation does not have a clearly formulated concept of illegal removal of a person from work.

Formally, in this case we are talking about depriving a citizen of the opportunity to work and perform his official duties for a specific period of time, if this measure was carried out on the initiative of management in the absence of compelling reasons.

An employee can be suspended:

• until the moment when he actually began to perform his work;
• during the performance of official duties.

Involuntary release from work must be formalized in writing on behalf of management. Oral form is unacceptable.

Reasons for releasing a person from official duties

Temporary suspension of personnel occurs in connection with various grounds, the list of which is established by Article 76 of the Labor Code of the Russian Federation. Thus, a person should not be allowed to work:

• has not been examined in a medical institution, if required by law or the terms of the concluded contract;
• showing up at work while intoxicated;
• failed to pass the test of knowledge in the field of labor discipline;
• if signs of narcotic or toxic intoxication are detected;
• having contraindications to the performance of their official duties identified during a medical examination;
• unable to perform their work due to the suspension of the employee’s special right (for example, when depriving a license, driver’s license, etc.);
• in other situations provided for by the labor legislation of our country.

The main reason for removing an employee from performing his official duties is to suppress the commission of an offense (violation of labor discipline) in the labor sphere.

Registration of suspension

In practice, a violation of an employee’s rights occurs not in connection with the grounds for removal from work, but due to non-compliance with the procedure for registering this release from duties.

For example, a citizen who appears at work while drunk must first undergo a medical examination to confirm the fact of being intoxicated.

In addition, management must issue an appropriate act documenting the employee’s appearance in the office in an unsuitable condition for work.

Throughout the entire period of suspension, the person does not receive the salary due to him, unless otherwise provided by Russian legislation (for example, the exception is the inability to undergo a medical examination in a clinic not through the fault of the citizen himself, but due to a mistake by a medical worker).

Based on Article 234 of the Labor Code of the Russian Federation, in case of illegal removal from work, management undertakes to reimburse the citizen for the amount of earnings he did not receive for the days when he was absent from work.

Example of registration of suspension

The procedure for temporarily releasing a person from performing his official duties can be considered using a specific example.

The appearance of an employee at work while intoxicated is a legitimate reason for his removal from work in order to ensure compliance with discipline and safety for the rest of the team.

First of all, it is important to record the fact of violation of the company’s internal regulations and labor legislation. For this purpose, a corresponding act may be drawn up in the name of the manager.

The document indicates signs of intoxication. The employee himself must be familiar with the text (against signature).

The manager should send the citizen to undergo an examination at a medical institution. It is worth noting that this is not the employee’s responsibility, so he has the right to refuse.

The check must be carried out in special rooms by specialists.

Do not forget about displaying exemption from official duties in the staff time sheet.

Consequences of illegal dismissal from work

Based on Article 234 of the Labor Code of the Russian Federation, the management of an enterprise that has removed a citizen from work without compelling reasons for this is obliged to pay him the material damage caused as a result of these actions.

In addition, according to Article 237 of the same code, a person has the right to claim compensation for moral damage resulting from the illegal actions of a manager.

Officials who have committed an offense may also be subject to disciplinary or administrative liability, according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

What should an employee whose rights have been violated do?

In case of illegal dismissal from work, the employee is required to draw up the text of the corresponding complaint (

The difference between transfer and movement, changes in the terms of the employment contract determined by the parties

§ 2. Transfer to another permanent job

Procedure for transferring to another permanent job

§3. Transfer to another temporary job

§4. Grounds and procedure for removal from work

Chapter IV. General grounds for termination of an employment contract, dismissal of an employee §1. The concept of termination of an employment contract and classification of its grounds

§2. Termination of an employment contract by agreement of the parties, due to the expiration of its validity period and at the initiative of the employee

§3. General grounds for termination of an employment contract at the initiative of the employer

Chapter V. Termination of an employment contract on grounds related to the employee’s fault §1. Grounds for dismissal for disciplinary offense

§2. Grounds for termination of an employment contract that are not related to disciplinary offenses

Chapter VI. Termination of an employment contract on grounds not related to the employee’s fault §1. Termination of an employment contract due to production-related circumstances

§2. Termination of an employment contract on grounds related to the personal qualities of the employee

Section three. Consideration and resolution of individual labor disputes Chapter VII. Concept and general legal characteristics of individual labor disputes

§1. Concept, reasons, legal nature and characteristics of individual labor disputes

§2. Legal distinction between individual and collective labor disputes

Chapter VIII. Jurisdiction and jurisdiction of civil cases and individual labor disputes

§1. Jurisdiction of labor matters

§2. Jurisdiction of labor cases

§3. General procedure for consideration and resolution of individual labor disputes

Chapter IX. Consideration and resolution of individual labor disputes by jurisdictional bodies §1. Consideration and resolution of individual labor disputes in the labor dispute commission

§2. Consideration of individual labor disputes in the court of first instance

Filing a claim in court. Preparing the case for trial

Making court decisions on individual labor disputes regarding dismissal and transfer to another job

Chapter X. Evidence and proof in court proceedings of labor disputes

§1. The concept of forensic evidence and its types

§2. Evidence in court proceedings

Evidence as a type of judicial knowledge of the circumstances of the case

The burden of proof and its stages

Subject and means of proof

Chapter XI. Review of court decisions on individual labor disputes and their execution

§1. Consideration of individual labor disputes in the cassation court

§2. Review of decisions, determinations and regulations by way of supervision

§3. Review of court decisions based on newly discovered circumstances

§4. Execution of court decisions

Competence

Ensuring the principle of independence

Professionalism in resolving labor disputes

Decision Making Principles

Section four. Violation of the terms of social partnership is the basis for the emergence of a collective labor dispute

Chapter XII. Collective agreement as the basis of social partnership §1. Concept, basic principles, forms and legal regulation of social partnership

§2. Collective agreement and its role in regulating social and labor relations Concept and content of a collective agreement

Conclusion, amendment and implementation of a collective agreement

Chapter xiii. The concept of collective labor disputes and government agencies for their settlement

§1. Concept, parties and types of collective labor disputes

§2. State bodies for the settlement of collective labor disputes

§3. Guarantees for employees in connection with the resolution of a collective labor dispute

§2. Conciliation procedures

§3. Consideration of a collective labor dispute by a conciliation commission

§4. Consideration of a collective labor dispute with the participation of a mediator

§5. Consideration of a collective labor dispute in labor arbitration

Chapter XV. Strike as a way to resolve a collective labor dispute §1. The concept of a strike, the formation and development of the right to strike in domestic legislation

§2. Grounds for the procedure for holding strikes

Regulatory legal acts and documents

Judicial acts of law enforcement

Literature

§4. Grounds and procedure for removal from work

The new norm in labor legislation is suspension from work (Article 76 of the Labor Code of the Russian Federation), i.e. suspension of the employee's performance of his work duties. It is necessary to distinguish between termination of an employment contract and suspension from work. In the first case, this is a legal fact of termination of the employment relationship between the employee and the employer. In the second, the very fact of dismissal from work does not terminate the employment relationship; only the employee’s performance of his labor functions under the contract is suspended.

In accordance with this article, the employer is obliged to remove from work (not allow to work) the employee:

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

who has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;

has not undergone a mandatory medical examination (examination) in accordance with the established procedure, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;

when identifying, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, contraindications for the employee to perform work stipulated by the employment contract;

in case of suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of execution the employee's duties under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee's qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health . In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment 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 federal laws and other regulatory legal acts of the Russian Federation (as amended by Federal Law No. 90-FZ).

The employee is suspended from performing his duties under the employment contract for the entire period until the circumstances that served as the basis for his exclusion from work or removal from work are eliminated. During the period of suspension from work, payment of wages to the employee is suspended, except in cases provided for by federal laws.

The suspension of an employee from work due to the fact that he has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination through no fault of his own gives him the right to receive wages for the period of suspension as for downtime, i.e. e. in the amount of at least two thirds of the employee’s average salary (Article 157 of the Labor Code of the Russian Federation).

Suspension from work is a temporary measure, and regardless of its duration, it does not serve as an independent basis for termination of an employment contract at the initiative of the employer.

Let us comment on some of the grounds for removing an employee from work. Thus, an employee who appears at work drunk, in a state of narcotic or toxic intoxication, must be suspended from work by the employer on the same day. At the same time, if the employer has not decided to terminate the employment contract with this employee under subclause. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation (for a one-time gross violation by an employee of his labor duties in connection with appearing at work in a state of alcohol, drug or other toxic intoxication), it is illegal to prevent him from working on subsequent days. In such cases, the employee, in our opinion, has the right to receive wages for the period of forced absence caused by illegal dismissal.

Employees performing work associated with a high risk of contracting infectious diseases are suspended from work due to lack of preventive vaccinations. This requirement is established in the Federal Law of September 17, 1998 N 157-FZ “On Immunoprophylaxis of Infectious Diseases” *(117) .

According to Art. 14 of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation", a civil servant who has committed official misconduct may be temporarily (but for a period not exceeding one month) suspended from performing official duties until the issue of his disciplinary liability is resolved. Such a change in the employment contract is made by order (instruction) of the relevant manager. It should be emphasized that, in contrast to general cases of suspension from work, civil servants suspended from work retain their wages.

In accordance with Art. 114 of the Code of Criminal Procedure of the Russian Federation, when bringing a person as an accused, the investigator or the body of inquiry, if necessary, with the consent of the prosecutor, initiates a petition before the court at the place of the preliminary investigation, on the basis of which the judge, within 48 hours from the moment of its receipt, makes a decision on the temporary removal of the accused from office or about refusing this. This resolution is sent to the place of work of the accused and is binding on employers. Suspension from work is canceled when the application of this measure is no longer necessary. The decision to suspend from work can be appealed by the accused, the defense lawyer, as well as the organization in which the accused works. Suspension from work of an employee by decision of an investigator or an inquiry agency, regardless of its duration, is not an independent basis for termination of an employment contract. In the event of an acquittal or termination of the case against a person suspended from work by an investigator or an inquiry agency, he must be paid the average salary for the period of suspension. If the suspended employee performs other work, he must be paid the difference in wages.

When performing their duties, police officers are given the right, in accordance with current legislation, to remove persons from driving vehicles if there are sufficient grounds to believe that they are intoxicated or do not have the right to drive this type of vehicle.

According to Art. 13 of the Federal Constitutional Law of May 30, 2001 N 3-FKZ “On a State of Emergency” *(118) , it is allowed to remove from work for the period of a state of emergency the heads of state and non-state enterprises if they do not properly perform their duties and appoint other persons to temporarily perform their duties.

In accordance with Art. 357 of the Labor Code of the Russian Federation and with the Decree of the Government of the Russian Federation of January 28, 2000 "On the Federal Labor Inspectorate" *(119) state labor inspectors (legal, labor protection), when carrying out supervisory and control activities, can present binding orders to employers and their representatives to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore violated rights of workers, to bring the perpetrators to justice for these violations to disciplinary action or removal from office in accordance with the established procedure.

Based on Federal Law No. 196-FZ of December 30, 2001 “On the entry into force of the Code of the Russian Federation on Administrative Offences” *(120) On July 1, 2002, the Code of the Russian Federation on Administrative Offenses (CAO RF) dated December 30, 2001 N 195-FZ came into force. Part 1 of Art. 5.27 of this Code provides that violation of labor and labor protection legislation entails the imposition of an administrative fine on officials. In accordance, in particular, with Art. 23.12 of the Code of Administrative Offenses of the Russian Federation The Federal Labor Inspectorate and the State Labor Inspectorate subordinate to it consider cases of administrative offenses under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. By the way, enshrined in Art. 357 of the Labor Code of the Russian Federation, a wide range of rights of state labor inspectors, as well as the main powers of the Federal Labor Inspectorate (Article 356 of the Labor Code of the Russian Federation), is based on the provisions of ILO Convention No. 81 “On Labor Inspection” (1947), ratified by the Federal Law of April 11, 1998 N 58-FZ *(121) , and in general is a kind of codified consolidated list of rights granted to labor inspectors by other federal laws and other regulatory legal acts.

It should be added to the above that the removal of an employee from work under certain circumstances may predetermine his transfer to another job or dismissal. So, in accordance with Art. 278 of the Labor Code of the Russian Federation, in addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, an employment contract may be terminated due to removal from office in accordance with insolvency (bankruptcy) legislation.

"