Grounds and procedure for removing an employee from work by order

Removal of an intoxicated employee from work

Removing an employee from work is an infrequent procedure, but nevertheless it is very important to observe all the nuances when documenting it. Today we will consider the removal from work of an employee in a state of alcohol, drug or other toxic intoxication, since it raises the greatest number of questions among employers and attempts to challenge it by employees. According to Article 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work (not allow to work) an employee who appears at work in a state of alcohol, narcotic or other toxic intoxication.

That is, removal is not the right of the employer, but its direct responsibility.

And in the event of adverse consequences arising as a result of a drunk employee at his workplace, responsibility will also fall on the shoulders of the employer.

In order for the removal to be lawful and the employee has no chance to challenge it, it is very important to correctly formalize this procedure.

You can familiarize yourself with approximate samples of all necessary documents by following the links in the text of the article. Suspension from work in the organization is formalized by order. But in order for it to be valid, there must be appropriate grounds for its publication.

The document that initiates the removal procedure may be addressed to the head of the organization. It is compiled by the employee’s immediate supervisor or any other employee who notices signs of intoxication in his colleague.

It must indicate the date, time of compilation, and signs indicating that the employee is intoxicated. The memorandum is registered in the organization's internal records journal and filed in the employee's personal file.

Next, it is recommended to ask the employee for an explanation.

In the explanatory note, the employee must justify the fact of appearing at work in such a state. It is clear that when intoxicated, an employee may not be able to adequately explain himself, but, on the contrary, uncontrolled handwriting and an incoherent style of expressing thoughts may be further confirmation of the employee’s corresponding state.

In the future, the explanatory note can be used by the employer to resolve the issue of applying a disciplinary sanction to the employee. If the employee refuses to give an explanation, this must be recorded. In order to document that an employee is intoxicated at work, it is necessary to draw up a report in the presence of at least two witnesses.

The compiler can be either the employee’s immediate supervisor or an employee of the organization’s human resources department. Despite the fact that the form of the act is not fixed by law, in order for it to be regarded as a basis for removing an employee from work, it must indicate: the date and exact time of its preparation; place of compilation; surname, name, patronymic of the compiler and those present; time of detection of an intoxicated employee; an indication of the presence of an intoxicated employee when drawing up the report;

https://youtu.be/-A8-I-YyIhk

Example of an order for removal for medical reasons

The employer is obliged to ensure that working conditions are as safe as possible taking into account the scope of the organization's activities. If continuation of work is contraindicated and will worsen the employee’s health, the employer will either arrange for his transfer to a safe position or issue an inadmissibility to work for medical reasons.

The personnel procedure for removal provides for the preparation of documents depending on the grounds. In one situation, the employer’s decision is sufficient; in another, a court decision is required. It is recommended that precise regulations be prescribed in the local regulations of the enterprise.

https://www.youtube.com/watch{q}v=ytpolicyandsafetyru

The employee is not allowed to work according to the employer's order. There is no unified form of this document. An enterprise has the right to develop its own form indicating the name of the company; Full name and position of the employee; circumstances and dates of suspension; as well as a document confirming the basis for preventing a person from working.

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It is prohibited to give vague reasons - “due to operational necessity”, “by decision of the general director”, “due to the difficult financial situation of the organization”, etc. The documents used to justify the actions of the administration are court decisions, acts, resolutions of government agencies, explanatory notes, etc.

Instead of an order, a notice of suspension from work can be used - the sample is drawn up according to the example above.

Act of removal from work

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The employer has the right to temporarily suspend an employee from performing labor duties on the grounds listed in Article 76 of the Labor Code of the Russian Federation. For the removal to be legal, it must be formalized accordingly. Although the Labor Code does not clearly indicate a written order, it is advisable to prepare evidence of the validity of such a decision in order to avoid misunderstandings in the event that the employee challenges the suspension in court.

In most cases, the cause is alcohol or drug intoxication - in this state, admission to work can lead to the creation of threatening situations, and the offense “pulls” not only suspension from work, but also dismissal under the Labor Code.

Doctors establish the fact of intoxication, but before the examination you need to draw up a report about appearing at work while intoxicated. The document is signed by two or more witnesses and in the event of a trial it will become additional evidence.

There is no strict form for this act, but there are a number of requirements for its preparation. The act should indicate:

• Company name (in full)
• Date and place of drawing up the act
• Last names, first names, patronymics and positions of the author of the act and witnesses
• Details of the employee who committed a violation of labor discipline (full name, position)
• Date and time the violation was discovered
• Grounds for suspension from work, for example, alcohol intoxication
• Obvious signs of intoxication
• Date and time of suspension from work
• Signatures of the person who drew up the act and witnesses

The employee against whom suspension has been taken must read the document and sign it.

In case of refusal, the fact is recorded in another act with the signatures of the originator and two witnesses.

As grounds for the assumption of alcohol intoxication, existing signs can be listed, for example, a characteristic odor, impaired coordination of movements, shaking hands, incoherent speech, inappropriate behavior, etc. The condition of the suspended employee should be described in sufficient detail so that in the event of a trial, questions about the validity do not arise. suspicions.

The act of removal becomes the basis for a medical examination. If a medical report confirms that the employee is in a state of alcohol or other intoxication, the manager draws up an order prohibiting him from performing work duties. © BBF.RU Attached files

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• Published on July 14, 2020, in the “” section

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

From a legal point of view, the removal of a subordinate from work is the establishment of an official temporary ban on the employee's performance of his professional obligations. The procedure itself is initiated by the manager issuing an appropriate order.

The process of officially removing an employee from his work is regulated by modern legislation. Thus, Article 76 of the Labor Code of the Russian Federation lists the grounds upon the occurrence of which the employer will actually have the right to forcible removal. The most common of them include the following:

1. The appearance of a subordinate in an organization while intoxicated or under the influence of various drugs. Of course, in this case the employee will not be able to give a full account of his actions. This, in turn, could become a threat not only to him, but also to his colleagues.
2. The subordinate does not have a special permit, which previously guaranteed him access to work. Here we can talk about some specific positions, work for which requires the availability of special permits, licenses or other documents. In such a situation, the loss of such a document will be a valid basis for removal.
3. Identification of various medical contraindications in the employee, which become a full-fledged obstacle to the continuation of his work. Such features can be discovered during, for example, a routine examination by a subordinate. In this case, suspension from work will be recognized as lawful only in a situation where the fact of the presence of such contraindications is recorded in official writing.
4. Receipt by the employer of a special requirement from various government authorities, which implies the immediate removal of the employee from fulfilling professional obligations.

The period of employee's removal itself is characterized by some important features. For example, as mentioned above, the employee is not engaged in fulfilling his professional obligations. Consequently, no wages are accrued in respect of him for the entire period of downtime. As for the workplace, in most cases it is reserved for a temporarily absent subordinate.

Despite the fact that every manager does have the legal right to forcibly remove an employee from work, modern practice knows many cases in which such removal was considered illegal. In order to ensure the protection of the interests of employees, the legislation provided them with a full right to challenge such a decision of their superiors. To do this, interested parties can always contact a judicial institution, having previously prepared all the necessary documents.

If the removal is indeed found to be unlawful by the competent authority, the employer will be subject to some important obligations. One of them will be to pay monetary compensation to the employee for all the time during which he did not fulfill his professional obligations for reasons beyond his control. The exact amount of compensation is calculated individually and depends on factors such as the amount of the employee’s average earnings, the exact number of days of forced downtime, etc.

If the manager nevertheless made a decision on forced removal, he needs to understand that this procedure must be carried out in strict accordance with the established rules. First of all, we are talking about creating an appropriate written order for compulsory removal. In addition, the fact of removal must be recorded in writing. For this purpose, authorized persons create a special internal act.

Sample act of dismissal from work

An act of suspension from work is a document that is drawn up by several persons and confirms the fact of suspension from work.

The basis for suspension from work may be appearance in a state of drug intoxication or drunk at the workplace, also taking into account failure to undergo a medical examination, medical contraindications, identification of low qualifications and other reasons that are prescribed without fail when drawing up an act of suspension from work.

The period of suspension is indicated in the appropriate line, and the act is certified by the signature of an authorized person.

The document is drawn up in the required number of copies in each specific case.

The fire safety service may, in some cases, require the removal from work of an employee who was unable to complete fire safety training. Employees who have not completed training, advanced training, or confirmation of qualifications in a timely manner may be suspended from work at an unsafe production facility.

Suspension from work is a temporary measure by which an employee is not allowed by the employer to perform his direct work duties. The grounds on which the employer is obliged not to allow the employee to work are listed in Art. 76 Labor Code of the Russian Federation. In order for an employer to legally prevent his employee from working, the violation must be properly documented.

In Art. 76 of the Labor Code of the Russian Federation there are no clear indications that the suspension is formalized in writing. But, in order to avoid misunderstandings and lawsuits on the part of employees, the employer must prepare all written evidence of the employee committing the act that entailed such a measure. This is especially true in cases where the employee came to work intoxicated or in another intoxicating state. Such an act may entail not only suspension, but also subsequent dismissal.

The fact of alcohol intoxication must be recorded by doctors.

But first you need to draw up a report about the employee appearing at the workplace while intoxicated. This document must be signed by at least 2 witnesses. An act signed by several witnesses will be considered by the court as additional written evidence. There is no unified form of the act.

However, there are several rules that must be followed when drawing up this document. The act must contain the following information: Full name of the employer indicating the organizational and legal form; Date and place of compilation; Full name and position of the person who draws up the act; Full name and position of 2 witnesses; Full name and position of the employee who is suspended from work; Date and time the violation was recorded; Grounds for exclusion.

For example, a state of alcoholic intoxication; Signs of intoxication that are present; Date and time of the employee's suspension; Signature and transcript of the signature of the person who draws up the act; Signatures and transcript of signatures of 2 witnesses.

Act on an employee being intoxicated at the workplace

March 12, 2012 Borisov

We, the undersigned (HR manager Romanova A.I., crane operator of workshop No. 27 Lavrov R.P. and mechanic of workshop No. 27 Tronin I.P.), have drawn up this act stating that the slinger-crane operator of the crane beam of workshop No. 27 Rykov Dmitry Petrovich at 10 hours 20 minutes. was at work in a state of alcoholic intoxication. This condition was determined by the following signs: the smell of alcohol from the breath, an uncertain, unsteady gait, and incoherent speech. Also Rykov D.P. used obscene language during a conversation with the mechanic of workshop No. 27, I.P. Tronin.

Due to the state of intoxication, Rykov D.P. was suspended from work by his immediate supervisor.

Romanova A.I. ———-

Lavrov R.P. ————

Tronin I.P. ———

Rykov D.P. refused to familiarize himself with this act. At 10:35 a.m. he has been sent for medical examination. We confirm this fact:

Romanova A.I. ———-

Lavrov R.P. ————

Tronin I.P. ———

Download the document “Act on an employee being intoxicated at the workplace”

Act of removal from work

» » Sample act of suspension from work The basis for suspension from work may be showing up at the workplace while drunk or under the influence of drugs; medical contraindications, failure to undergo a medical examination, identification of insufficient qualifications and other reasons that are necessarily prescribed when the act of dismissal is drawn up are also taken into account. suspension from work.

The period of suspension is indicated in the corresponding line, and the act is certified by the signature of an authorized person. The document is drawn up in the required number of copies for each specific case. The state fire service in some cases may require the removal from work of an employee who has not undergone fire safety training. Employees who have not completed timely training, confirmation or advanced training may be suspended from working at a hazardous production facility.

Act on the removal of an employee from work for appearing at the workplace in a state of intoxication1.

(Position and full name) drew up this act in that “____”____________ 20___ at ____ hour. ____ min. at (name of the facility), the fact of being in a state of intoxication on the territory of the facility (profession (position) and full name of the offender, department) was established. Signs of intoxication were expressed in (specific smell, peculiarities of speech, impaired coordination of movement).3.

The full name of the violator was proposed, in accordance with paragraph XX of the Collective Agreement, to undergo a physical condition test using the Alkotest device. The readings of the Alkotest device were: _____ ppm. He refused the test with the Alkotest device. The fact of refusal to be tested with the Alkotest device is confirmed by: _______________ (signatures of witnesses).4. An explanation (full name of the violator) regarding the fact of his being in a state of intoxication is attached to the act on ____ sheets. (Full name of the violator) refused to give an explanation. The fact of refusal to give an explanation is confirmed by: _______________ (signatures of witnesses).5.

(full name of the offender) was asked to undergo a medical examination at a drug treatment clinic (at address) on the basis of referral No. __________ dated “____”____________ 20___ and present the results to the person who drew up the report before ____ hour.

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____ min. The referral was issued (full name of the violator) against signature on the counterfoil for registering the issuance of the referral (the referral counterfoil is attached). I refuse to undergo a medical examination at the narcological dispensary (at the address): full name and signature of the violator. The fact of refusal to undergo a medical examination at the narcological dispensary is confirmed : signatures of witnesses.6. The certificate of examination at the drug treatment clinic was submitted “____”____________ 20___.

at one o'clock. ___ min. (attached); not presented at the specified time (cross out what is not necessary).7. The fact of suspension from work due to a gross violation of labor discipline (being intoxicated at the workplace) (full name of the violator) is confirmed by: _____________________________________ (signatures of witnesses).8.

_________________ (signature of the violator) was familiar with the act. He refused to sign the act.

General procedure for drawing up an order for removal

There is no officially designated form for drawing up an administrative document on removal .

Before its publication, it is necessary to obtain a justification - an act, an official or memorandum, an official medical report or an order from a supervisory organization.

The order to remove an employee from work includes the following details:

• FULL NAME. employee;
• name of the reason for removal;
• an indication of the document that served as the basis for issuing the order;
• the duration of the ban on visiting the workplace;
• if the restriction applies only to certain duties (if the right to perform them is lost), it is necessary to provide a list of specific job functions.

The document also indicates that will not be paid wages during the suspension .

The employee must be familiarized with the order against signature. Also, if it mentions other persons (for example, an accountant) who must perform any actions, they should also be familiarized with the order.

IMPORTANT!

If the suspended person refuses to sign the order, an act should be drawn up to record this point.

procedure for removal from work: grounds for articles order act sample

Free legal advice: All Russia » » » Contents An order for suspension from work is drawn up in cases where the management of an enterprise, for some reason, has the need to prevent one of its subordinates from performing official duties.

FILESDownload a blank order for suspension from work .doc order for suspension from work .doc To begin with, it should be said that suspension from work is not a right, but an obligation of the employer.

It happens due to certain circumstances.

The most common reasons include:

1. lack of information about familiarization with internal labor protection rules at the enterprise;
2. the employee does not have a medical book with the necessary notes on his state of health;
3. medical contraindications;
4. an employee coming to work in an inadequate state (drug, toxic, or alcohol intoxication).

There are other reasons for removal, but they are less common and are more likely of a targeted nature.

You cannot simply dismiss an employee from work.

To do this, you need to follow a certain procedure:

• Then, on this basis, a separate order is drawn up, which specifies the reason for removal from work, as well as the position and full name of the employee.
• The first step is to draw up a documentary basis in writing (for example, write an act), which must comply with the Labor Code of the Russian Federation (Article 76), as well as other federal laws and local regulations of the company.

Only after this can a person be removed from performing his official functions. It should be noted that a work ban is always temporary, so the period of suspension must also be included in the order form.

The direct function of drawing up an order for removal can be included in the responsibilities of any employee of the organization who has certain knowledge of the Civil and Labor legislation of the Russian Federation, as well as experience in writing such orders. Typically this is:

1. director of the company.
2. legal department specialist;
3. secretary;
4. personnel officer;

At the same time, it is always worth remembering that regardless of who specifically writes the order, it is issued on behalf of the director of the enterprise and must be certified by him.

All orders issued in an organization must be based on something and justified in some way. Most often, the basis in this case is an official or memorandum from the head of the structural unit in which the suspended employee works, as well as an act that indicates a violation that led to removal from work. As a justification, you need to clearly formulate the reason, which is usually included in the document after the words “In connection with...”.

If you create an unsubstantiated order and do not make any references to legislation or internal documents of the company, in the event of inspections by regulatory organizations (for example, a labor inspectorate), it will be very easy to refute it, and even moreover, for the lack of grounds for writing the order , the company's management may be brought to administrative liability.

The most common reasons for removal

To begin with, it should be said that removal from work is not a right, but an obligation of the employer.

It happens due to certain circumstances. The most common reasons include:

• the employee does not have a medical book with the necessary notes on his state of health;
• medical contraindications;
• lack of information about familiarization with internal labor protection rules at the enterprise;
• an employee coming to work in an inadequate state (drug, toxic, or alcohol intoxication).

There are other reasons for removal, but they are less common and are more likely of a targeted nature.

Suspension from work

An employee showed up to the office drunk, did not undergo a mandatory medical examination or examination, or missed a safety briefing? We'll have to suspend him until the situation improves.

How to do this correctly, read the article.

Download a useful document: Sample from an expert Sample from an expert Only an employee who, for objective reasons, is unable or should not perform his job function can be suspended from work by order. This possibility is directly provided for in Article 76 of the Labor Code of the Russian Federation.

It also provides a broad, but not exhaustive, list of situations in which the employer does not have the right to allow an employee to work. General grounds:

• requirement of authorized officials or bodies - state sanitary doctor, court, labor inspectorate.
• presence of medical contraindications for performing work duties;
• deprivation of the right to drive a vehicle, carry a weapon, and any other special rights, powers or licenses necessary for work;
• refusal of mandatory medical examination, vaccination, examination;
• unsatisfactory results of an occupational safety knowledge test or refusal to undergo occupational safety training;
• appearing at the workplace under the influence of drugs or alcohol;

Attention!

The grounds that allow the immediate removal of an employee from work can be general (applicable to all employees, regardless of their professional experience, position or social status) and special.

A request for removal from work by decision of the competent authorities or officials is formalized in the form of a protocol, order, resolution or court decision.

Special grounds apply only to certain categories of personnel:

1. teachers;
2. employees engaged in underground work;
3. foreigners and stateless persons.

Foreigners Foreigners and stateless persons temporarily staying on the territory of the Russian Federation should be removed if the permit document has expired.

Having received such a document or its certified copy, the employer is obliged to suspend the employee for the entire specified period.

For example, a patent or health insurance policy issued to an employee, or a permit to hire foreign labor issued to an employer. Foreigners permanently residing in Russia must be removed upon expiration of the residence permit, and temporary residents - as soon as the temporary residence permit expires (Article

327.5 Labor Code of the Russian Federation). ★ The period of suspension of a foreign worker in almost all cases cannot exceed one month. If during this time he has not issued new permits, the employment contract will have to be terminated. The restriction does not apply if the permit issued to the employer to hire foreigners has expired.

More details, and fines facing employers for lack of permits,

Suspension from work when license is suspended

If a license or right to work is suspended for a period of up to 2 months, the employee is suspended from work for this period. An example of this would be an employee in the position of a driver who has been deprived of his license.

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If it is possible to temporarily transfer an employee to another location, then this should be done. If this is not possible, then the employee’s work activities are temporarily suspended. An offer for another job must be made in writing against signature.

Act on suspension from work while intoxicated

9141 In order to legally remove an employee who came to work while drunk from performing official duties, representatives of the organization must draw up an appropriate act.

FILES The arrival of one of the employees drunk can lead to a variety of unpleasant and unpredictable consequences. Firstly, a person who has poor self-control, with his inappropriate behavior, can disrupt the entire operation of the enterprise and lead to failures in the technological or production process.

It can prevent colleagues from carrying out their functions; in addition, the very fact of such an event jeopardizes the observance of generally accepted discipline in the company. A drunk employee should be suspended from performing his official duties in any form. As a rule, this temporary measure does not exceed a period of one or two days.

At the same time, in the future, these days are not counted towards the offender when calculating wages. is of serious importance. On its basis, an employee who has committed such a violation of labor discipline may be subject to administrative sanctions in the form of a reprimand, reprimand, or even dismissal (if this is not the first time this has happened). In addition, the act may serve as a reason to deprive an employee of a bonus or other type of material (non-material) incentive.

In the event of any disagreements between the company's management and a subordinate, if the latter suddenly decides to go to the labor inspectorate or court, this document will serve as proof that the representatives of the organization are right. The report can be drawn up by the head of the structural unit in which the person who showed up for work drunk works, as well as any other employee of the enterprise authorized to monitor compliance with labor discipline.

But his testimony, recorded in the act, must be certified by the signatures of other persons. In order to confirm the fact that one of the company’s employees came to work while intoxicated, and also to indicate his removal from official duties, it is necessary to attract witnesses. Their number should be at least two people, and it is desirable that they be representatives of different structural divisions.

The first step when noticing a drunk employee is to make sure that he is really drunk and not, for example, in poor health.

To do this, you should ask him to undergo a test with a special breathalyzer or a medical examination.

Then, based on the results of control actions, a report is formed, and if the employee did not want to take a blood alcohol test, then this must be indicated in the report.

If there are obvious external signs of alcohol intoxication or based on positive readings from the device, the employee should be removed from work, also entering this information into the report.

The act is formed in any form, since there is no standard template.

What to pay attention to

When drawing up a form for an act of dismissal from work, it is necessary to disclose in detail and describe the reasons that served for this decision. Signs and all observed non-compliances and violations are also indicated. The more detailed the description, the fewer questions the employer will have in the event of litigation.

In addition to alcohol intoxication, some employees may attend work while sick. In this case, the employer must draw up a similar document to send the employee for home treatment. According to the labor code, the manager is responsible for the health of his subordinates.

A personnel order for admission to work after suspension is formed by the responsible employee after the expiration of the established period or the elimination of the reasons that led to the removal of the specialist from performing labor duties. The document is developed by the employer independently.

Order to remove an employee from work

8050 An order for suspension from work is drawn up in cases where the management of an enterprise, for some reason, has the need to prevent one of its subordinates from performing official duties. FILES To begin with, it should be said that removal from work is not a right, but an obligation of the employer.

It happens due to certain circumstances. The most common reasons include:

1. the employee does not have a medical book with the necessary notes on his state of health;
2. an employee coming to work in an inadequate state (drug, toxic, or alcohol intoxication).
3. lack of information about familiarization with internal labor protection rules at the enterprise;
4. medical contraindications;

There are other reasons for removal, but they are less common and are more likely of a targeted nature.

You cannot simply dismiss an employee from work. To do this, you need to follow a certain procedure:

• Then, on this basis, a separate order is drawn up, which specifies the reason for removal from work, as well as the position and full name of the employee.
• The first step is to draw up a documentary basis in writing (for example, write an act), which must comply with the Labor Code of the Russian Federation (Article 76), as well as other federal laws and local regulations of the company.

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Only after this can a person be removed from performing his official functions. It should be noted that a work ban is always temporary, so the period of suspension must also be included in the order form.

The direct function of drawing up an order for removal can be included in the responsibilities of any employee of the organization who has certain knowledge of the Civil and Labor legislation of the Russian Federation, as well as experience in writing such orders.

Typically this is:

1. secretary;
2. legal department specialist;
3. director of the company.
4. personnel officer;

At the same time, it is always worth remembering that regardless of who specifically writes the order, it is issued on behalf of the director of the enterprise and must be certified by him.

All orders issued in an organization must be based on something and justified in some way. Most often, the basis in this case is either from the head of the structural unit in which the suspended employee works, as well as an act that indicates a violation that led to removal from work.

As a justification, you need to clearly formulate the reason, which is usually included in the document after the words “In connection with...”. If you create an unsubstantiated order and do not make any references to legislation or internal documents of the company, in the event of inspections by regulatory organizations (for example, a labor inspectorate), it will be very easy to refute it, and even moreover, for the lack of grounds for writing the order , the company's management may be brought to administrative liability.

Act on removal from work while intoxicated.

sample and form 2020

If your worker appears in the office or at his place of work drunk, you should immediately draw up a report (using a sample) about the employee being intoxicated.

Based on this document, you need to send a colleague for a medical examination, after which, having all the grounds, the employer, if he decides, will fire the person who showed up to work in a drunken state.

Signs that a colleague is intoxicated are as follows:

1. the smell of alcohol;
2. facial redness;
3. incoherent speech;
4. not an even gait.

In this case, the employer needs to draw up an examination form, according to which the employee’s violation of the company’s charter and labor legislation will be recorded. And it will serve as a reason for removal from work. According to the Labor Code of the Russian Federation, an entrepreneur can impose a fine on the offender, and has every reason to dismiss an employee.

A drunkard can be fired if:

1. a sufficiently compelling reason for removal from work will be the appearance of an employee drunk on the company’s territory;
2. if a person, while intoxicated, is absent from work for more than 4 hours.
3. an act was drawn up indicating that the employee was in poor condition at the site where the employee was sent on instructions from the company;
4. if a person came to work drunk and the manager drew up an act to remove the employee from work while intoxicated;

A drunk employee can harm himself and others, as well as cause material damage to the company and a blow to its image. There have been numerous examples of drunken people not performing their duties and jeopardizing the entire production process. A sample act should be kept in the company's HR department.

It is necessary to draw up a report after the fact if there are signs of alcohol intoxication in the workplace. The first step is for the offender's colleague or immediate supervisor to report the violation to the company official who manages such processes. Next, the authorized employee issues a decree, in the form established by the company, to convene an internal investigation commission against the violator.

The commission is obliged to identify signs of an inappropriate state in a drunk person and draw up a report of being drunk at the workplace. The protocol requires confirmation of the violation by witnesses and, according to the document, the violator must give an explanation of his misconduct in writing.

A person accused of drunkenness may refuse to give an explanation; then it should be indicated in the form that the offender did not write an explanatory note. The drinker will be asked to undergo a medical examination to identify signs of TC violation. If a medical report shows that the employee’s blood contains alcohol, then the employer can fire him and even if the latter goes to court, the law will be on the side of the enterprise.

The opposite is also true; the employee may refuse to undergo the examination.

General information

Inappropriate behavior, violation of the work schedule, ignoring the company’s production regulations are unacceptable for the full operation of the enterprise. A violation of discipline at the workplace must be evidenced by an act of suspension from work.

It is better for the employer to formalize the suspension in writing, prepare evidence and record it in a certificate if the employee files a lawsuit.

For official removal, two colleague witnesses are brought in to confirm the inadequate state (alcohol or drug intoxication) of a colleague. After filling out the paper, the employee goes home. Punishments for misconduct may include a warning, a fine or dismissal under the relevant article.

At the same time, the employer does not have the right to arbitrarily decide whether to remove an employee or not. If there is a reason, the enterprise is obliged to act in accordance with Article 76 of the Labor Code and release the employee from work until the circumstances are clarified. Otherwise, company officials may be held liable.

Grounds and procedure for removing an employee from work by order

Author of the articleNatalie Feofanova 5 minutes to read315 viewsContents of the Labor Code of the Russian Federation establishes cases when an employee is suspended from work; the grounds for this are stated in Articles 76, 331.1, 351.1. If the cases specified in these articles occur, the employer is obliged to prevent the employee from entering the workplace.

In the article we will consider the procedure for removal from work for various reasons, we will give examples of an order drawn up according to the rules of the act. A worker is not allowed to work if he:

• Carries out labor activities in accordance with a license, the validity of which is suspended for a period not exceeding 2 months.
• For medical reasons, unsuitable for the job performed.
• Is under the influence of narcotic, alcoholic or toxic substances.
• Not allowed to enter the workplace by decision of the relevant authorities that have the ability to approve such decisions.
• Suspected of a criminal offense, and at the same time his work involves interaction with minors.
• Failed to pass a medical examination or psychiatric examination when this is required by labor law.
• Falls under the scope of the Federal Law and other acts establishing cases of work restrictions.
• Not prepared for safe work due to lack of proper information and failure to pass a control test of knowledge on labor protection.

If the events listed above occur, the employee is not allowed to enter the place of work until the circumstances on the basis of which the suspension occurred are eliminated. In some cases, eliminating the circumstance alone is not enough to return to work; sometimes additional actions specified in the Federal Law and other regulatory documentation are required. (understand how to keep accounting records in 72 hours) > 8,000 books purchased To prevent an employee from returning to work, you need to have documentary evidence occurrence of one of the above circumstances. If there are not enough documents to confirm, then management cannot prohibit the worker from performing his job functions. There is no single form of document that can confirm the lack of the right to work further.

As a rule, you need to prepare the following documents:

1. An act is a document drawn up by members of the commission and recording the fact of the occurrence of a circumstance in which it is not possible to continue work under the Labor Code of the Russian Federation or Federal Law. The act is certified by the compiler and witnesses, and therefore is a legal confirmation of the occurrence of the event specified in it;
2. A memo is a document drawn up by the violator’s immediate superior and intended to inform management of the occurrence of an event established in the report. That is, the act is an annex to the note;
3. Other papers that can confirm the required event, depending on the basis for removal, the list of documentation may be supplemented.

(understand how to do accounting in 72 hours) > 8000 books purchasedIf

Procedure for removal from work for medical reasons

In our country, a number of special professions and areas of activity require mandatory medical examinations. They are primary and regular. At this event, the physical condition of employees is checked in order to establish their permission to work.

Based on the received medical report, the employee may be suspended from fulfilling his professional obligations for a certain period of time. The duration of this period may vary depending on exactly when these contraindications disappear. If this is not possible, then the employer’s further actions may include the following:

1. Dismissal of a subordinate on the basis of his having health problems that prevent him from engaging in further professional activities. In this case, dismissal can be carried out either by a unilateral decision of the management or at the request of the employee himself.
2. Transfer of a subordinate to another position for which the employee has no contraindications. Naturally, such a decision can be made by the employer only if there is a suitable position in the organization. If it is absent, the only option will be dismissal.

If we talk about the procedure for removing an employee due to medical reasons, it will include the following main stages:

• preparation of all necessary documents by the employer. In this case we are talking about a formal order of removal. It can only be prepared on the basis of another supporting document, namely the corresponding conclusion from an authorized medical organization;
• familiarization of the employee with the created order. The employee must understand why exactly he is being suspended from work, for what period of time, etc. If he refuses to sign the order, the employer records his refusal in a specially created act.

Once a suspension has been issued, the employee will be able to return to work only after previously identified medical contraindications have disappeared. As soon as this happens, the employer will need to issue an order again to restore the subordinate’s access to the fulfillment of professional obligations. From this moment, the calculation of wages to the employee begins again in accordance with the provisions of the employment contract.