Medical examination upon transfer to another position

Medical examinations upon hiring

He can only give him an alternative vacancy if one exists. For the applicant himself, medical contraindications are a warning that this job is not suitable for him and will lead to even greater health problems.

Some employees undergo these checks annually. What you need to know During a medical examination, the general condition of the human body is assessed, professional suitability is confirmed, or diseases are identified, on the basis of which recommendations are issued. Examination of a person’s health status is divided into several types: initial examination; annual examinations; medical check out of turn.

If an employee is transferred to hard work or work with harmful and dangerous working conditions, such employee must undergo a preliminary medical examination. The time for such a medical examination may occur either during a working shift or during the rest period of a particular employee, depending on the work schedule of the medical commission.

The initial medical examination for employment is carried out when a person has just been selected for a job vacancy. The list of doctors who should examine you may vary depending on the employee’s gender and profession. Employees who are assigned to certain groups and work in a hazardous enterprise undergo an annual examination.

Rimma Question asked March 11 at Should employees undergo a medical examination when transferred to another position, or when transferred from one site to another, since the harmful factors are different? If yes, then during what time should a medical examination be organized: The question relates to the city of the Republic of Tatarstan Answers: Published on March 12 in Look at the methodological recommendations of the Ministry of Health of the Russian Federation.

Applicants applying for government jobs are required to undergo examination by only two specialists: a psychiatrist and a narcologist.

What day should I formalize the transfer of an employee after passing a medical examination?

As follows from the provisions of Part 1 of Art. 213 of the Labor Code of the Russian Federation, the task of preliminary medical examinations is to determine the compliance of the health status of workers with the work assigned to them. If, during the transfer, the employee is assigned work with hazardous working conditions, the employer, by virtue of part two of Art. 212 and part 1 of Art.

213 of the Labor Code of the Russian Federation must ensure that the employee’s health status corresponds to the work assigned to him. This can be determined by a medical commission specially created for such purposes when the employee undergoes a preliminary medical examination.

The objectives of periodic medical examinations are to further determine the suitability of these workers to perform the assigned work and to prevent occupational diseases.

Medical examination when transferring to an identical job in another legal entity

It becomes clear that if you hire a part-time worker for a harmful position, organizing a medical examination is your responsibility.

The same regulations list all types of examinations, as well as the necessary tests that must be submitted during the examination.

Many employers are faced with the problem of conducting preliminary and periodic medical examinations. If everything is more or less clear with permanent full-time employees, then part-time workers and temporarily transferred workers are perplexed.

Is it necessary for an employee to undergo a mandatory medical examination if, when the employee is transferred to another structural unit or to another position, the harmful production factors for which it is necessary to undergo a medical examination do not change?

Labor Code of the Russian Federation). Periodic medical examinations are carried out during the working life of employees. As follows from clause 15 of the Procedure, the frequency of periodic inspections is determined by the types of harmful and (or) hazardous production factors affecting the employee, or the types of work performed. When transferring an employee to a job with hazardous working conditions, the employee must undergo a preliminary medical examination at the expense of the employer (). The procedure for conducting mandatory preliminary and periodic medical examinations of workers is established by order of the Ministry of Health and Social Development of Russia dated April 12, 2011.

When transferring an employee to a job with hazardous working conditions, the employee must undergo a preliminary medical examination at the expense of the employer, Art.

It allows you to determine whether a person, due to health reasons, is ready to perform the job for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a medical examination also protects the team from infectious diseases that a new employee may bring.

Procedure for transferring an employee.

Then there are two options for the development of events.

1. If the employee refuses the transfer or the employer does not have vacancies that meet the recommendations specified in the medical report, and the period of such transfer does not exceed 4 months, the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). Suspension from work is formalized by an order in any form. It might look like this.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months, if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated under clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation

.

In this case, special attention should be paid to pregnant workers who provide certificates from antenatal clinics, on the basis of which they are entitled to be transferred to work that excludes exposure to harmful production factors. By virtue of Art. 254 of the Labor Code of the Russian Federation, the employer is obliged to transfer a pregnant employee to another job upon provision of such a certificate. Before a pregnant woman is given another job that excludes exposure to unfavorable production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer (Part 2 of Article 254 of the Labor Code of the Russian Federation). It is possible to terminate an employment contract with a pregnant woman only in cases of liquidation of the organization or termination of activities by an individual entrepreneur (Part 1 of Article 261 of the Labor Code of the Russian Federation).

1. If the employee agrees to transfer to one of the proposed vacancies, it is necessary to draw up an additional agreement to the employment contract, which will reflect in detail all the new working conditions of the employee. It might look like this

Based on the signed agreement, it is necessary to issue a transfer order in the T-5 form, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor and wages accounting.” Let's give an example of filling out such an order.

Further, information about transfer for medical reasons must be entered into the personal card. Please note that there is no need to make an entry in the work book, since in accordance with clause 4 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books,” only information about transfers to another permanent job.

III. HIRING AND TRANSFERS TO OTHER JOBS

Please note that upon expiration of the transfer period, the employee must be provided with his previous place of work. If this is not done, and the employee did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Article 72.2 of the Labor Code of the Russian Federation).

Since labor legislation does not regulate the procedure for returning to one’s previous place of work, we recommend, in order to avoid disputes, notify the employee several days in advance (for example, 2 or 3) that on such and such a date his temporary transfer ends and he is obliged to fulfill the duties of his previous job. And it is best to do this in writing. Instead of such a notice, you can issue a personnel order in any form, which is familiarized to the employee against signature.

How to properly process a transfer from one organization to another?

And when asked if they have complaints, they answer that they do not. Such a careless attitude towards one’s health can cause injuries at production enterprises when, due to poor health, an employee neglects safety measures.

A “temporary” employee was hired to replace the main employee who is on parental leave. Later, the employer needed to reduce the number of employees.

In some cases, for example, if an employee is under 18 years of age, or he is hired or to work in the Far North (see Article 69 of the Labor Code of the Russian Federation), persons under the age of eighteen are subject to a mandatory preliminary medical examination when concluding an employment contract, as well as other persons in cases provided for by this Code and other federal laws).

This is confirmed by judicial practice (). The only exceptions are six physical factors: noise, low and high air temperatures, light environment, physical and sensory stress.

Compulsory health insurance does not provide compensation for expenses for undergoing a medical examination. The head of the organization independently pays for these costs. An employee can undergo a medical examination at any medical institution.

The duration of an employee's termination may be influenced by various reasons, and the specific number of days during which work will be unavailable depends on them. In other words, until the problem or reason for which the suspension took place is resolved, the employee will not be able to return to his duties.

Whether the employee has a conclusion based on the results of a medical examination conducted during the period of work for the previous employer does not matter.

Validity of the medical examination upon hiring. Is it possible to use the results of a valid medical examination when changing jobs? How long a medical examination is valid when hiring is determined in Appendix No. 19 to Order No. 834n of the Ministry of Health of the Russian Federation.

Constant translation.

The procedure for transferring an employee for medical reasons to a permanent job that is not contraindicated for him according to a medical report is similar to that described above for a temporary transfer. That is, in any case, it is necessary to offer the employee available vacancies that the employee can occupy taking into account his state of health, and if he agrees, draw up an additional agreement and a transfer order.

Please note that a permanent transfer must be recorded in the work book. It may be as follows: “Transferred to the security department as a guard in accordance with the medical report.”

But if the employee refuses the offered vacancies or if the employer does not have any, the employment contract must be terminated in accordance with clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation. The entry in the work book will look like this.

When terminating an employment contract on this basis, the employer may have a question: is it possible to terminate the employment relationship during the period when the employee is on sick leave? Yes, you can and here's why. Indeed, by virtue of Part 6 of Art. 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee during the period of his temporary disability and while on vacation (except in the case of liquidation of the organization or termination of activities by an individual entrepreneur). But this applies to grounds for dismissal only at the initiative of the employer.

Meanwhile, the list of grounds for termination of an employment contract at the initiative of the employer is provided for in Part 1 of Art. 81 of the Labor Code of the Russian Federation, which does not contain such grounds for dismissal as the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Therefore, dismissal on the grounds provided for in clause 8, part 1, art. 77 of the Labor Code of the Russian Federation, in accordance with a medical report, does not depend on the will of the parties, and in particular the will of the employer. But the Labor Code of the Russian Federation does not contain a prohibition on the dismissal of an employee during a period of temporary incapacity for work on the specified basis. This conclusion is confirmed by judicial practice (Information bulletin of cassation and supervisory practice in civil cases of the Arkhangelsk Regional Court for the IV quarter of 2009).

Necessary conditions for processing a transfer to another job for medical reasons

Like any other action, the transfer of an employee due to loss of professional ability to work must be formalized in accordance with all legal norms of labor legislation. The transfer process itself is not so complicated and includes just a few simple actions on the part of the HR department of the organization in which the employee works:

• Entering data into the employee’s personal card from documents provided by the employee from a medical institution about loss of professional ability for medical reasons;
• Written consent of the employee to be transferred to another job from his current position, due to the impossibility of continuing his work activity;
• Drawing up an order to transfer an employee for medical reasons to another job from his current position, to which the two previous documents must be attached;
• Drawing up an additional agreement to the employment contract, which the employee endorses, thereby agreeing with the new responsibilities.

Changes in working conditions due to health problems

Due to personal circumstances, an employee has every right to notify the employer that for objective reasons he can no longer perform his job duties. These circumstances can be either temporary or permanent, which affects the solution that an employer can offer to its employee.

In case of pregnancy, the employee must provide a certificate of her status, which provides grounds for exemption from duties if they are associated with hazardous work or heavy physical work. If there are no vacancies that may be suitable for an employee who is in a position, the employer does not have the right to fire her, she is released from work while maintaining her average monthly salary.

Payroll upon transfer

If we turn to labor legislation that has legal force in the territory of the Russian Federation, then the calculation of wages when an employee is transferred to another job for medical reasons has several main nuances:

• if an employee is transferred to a job that requires a lower salary, then for a month after the official publication of the order he will retain his previous earnings;
• If an employee is injured or has an occupational disease at work (that is, the transfer is determined by objective reasons and not by the employee’s initiative), then the injured person will retain average earnings until a disability group is awarded or recovery is achieved. A similar norm is fixed in Art. 182 of the current Labor Code of the Russian Federation.

At the same time, an insurance premium is also charged on such income, addressed to the Pension Fund of the Russian Federation, as well as the Unified Social Tax. Earnings are subject to income tax withholding.

Thus, transferring employees based on a medical report is a rather complicated procedure, as it has numerous nuances. In addition, to this day there are legislative gaps in this area, which may lead to a violation of the legal rights and interests of employees who need a temporary transfer for health reasons on the part of the employer.

Regulatory documents regulating transfer to another job for medical reasons

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