There are many reasons for an employee to be removed from work. These include appearing drunk at the workplace, problems with meeting labor safety standards, and, finally, medical indications. In this case, the citizen cannot be involved in work, since his health does not allow him to perform labor duties. Suspension from work for medical reasons is not a right, but an obligation of the employer; allowing an employee to work is in this case a gross violation of legal norms.
Reasons for removal and legislative framework
Temporary removal from the performance of official duties by an employee is aimed at preventing the negative consequences of work - first of all for the employee himself, and then for the organization. Article 76 of the Labor Code of the Russian Federation establishes the reasons for removal from work.
Medical indications play a role if:
- the employee has not passed the medical examination required for his specialty;
- the employee underwent a medical examination, but according to the results of this examination, he cannot perform the work prescribed by the contract.
These are the main reasons for removal, but the list from Art. 76 is open, which allows suspension from work for other medical reasons, for example, if the driver passed a medical examination, but was noticed drunk by a law enforcement officer. The Labor Code of the Russian Federation allows in this case to remove a citizen from work.
The employee is not allowed to work until the circumstances preventing this are eliminated. If he missed a medical examination through no fault of his own, he is paid for the period of forced rest as simple rest; in other cases, the period of suspension is not paid at all.
The rules for paying for downtime are as follows (Article 157 of the Labor Code of the Russian Federation):
- through the fault of the administration - 2/3 of the employee’s average earnings;
- through the fault of a third party - 2/3 of the employee’s salary (rate).
On a note! Failure to undergo a medical examination is equivalent to a situation where an employee has not undergone a mandatory examination by a psychiatrist.
Suspension from work is also mentioned in Art. 73 Labor Code of the Russian Federation. There are situations when doctors give an opinion on transferring an employee to “light work” for a period of up to 4 months, but it is impossible to implement these recommendations:
- the employee refuses to transfer;
- The employer does not have a vacancy that meets the medical requirements. conclusions.
Then the employee is prohibited from working for the entire period specified in the conclusion. The employee retains his job, but his salary does not. It is retained only in exceptional cases provided for by law or the contract with the employee.
Release from work with pay during quarantine
In accordance with the Decree of the President of the Russian Federation “On measures...” dated 04/02/2020 No. 239, non-working days are established in Russia until the end of April of the year, provided that wages are maintained. The question arises: what exactly is meant by the term “wages” in the context of the Decree - only the official salary (tariff) or the full income of the employee, which he usually receives per month?
Explanations that answer this question are given in the Information of the Ministry of Labor dated 04/02/2020. The position of the department is as follows: wages mean the official salary, as well as all incentive bonuses and allowances established by the employment contract between the employee and the employer. This means that during the period of non-working days, employees must receive the same salary as if they were working during this time.
Procedure for removal
The removal of an employee from the opportunity to work in accordance with the contract is carried out in compliance with all administrative and legislative norms; otherwise, conflicts with staff are possible, including litigation.
The standard procedure for removal includes:
- identification of circumstances leading to suspension on the basis of documents (medical examination report of drivers, presentation of a medical report by the employee himself);
- if necessary, offer the employee vacancies for “light labor” in writing;
- registration for another position;
- order of dismissal and familiarization with it to the employee against signature;
- if the employee refuses to certify that he is familiar with the order, it is necessary to draw up a report on this and confirm it with the signatures of uninterested representatives of the labor collective.
After the order is issued, the employee is not allowed to work until the reasons for this are eliminated. Then a new order is issued on the possibility of resuming work, which the citizen must also be familiar with upon signature. The order is signed by both the person who has read it and the representative of the accounting department, whose responsibilities include resuming the calculation of wages for the member of the workforce.
An order for suspension from work does not have a unified form and can be drawn up according to the rules of internal document flow. The most important thing in such a document is to indicate the reason for the removal with reference to the basis document. It is also necessary to formulate instructions to the accounting service regarding the calculation of wages for the period when the employee is unable to work.
A sample order is given below.
LLC "Mart"
02.10.19
Order No. 31-K
According to medical report No. 5522 dated October 1, 2019, on the basis of Art. 76-1 Labor Code of the Russian Federation, I ORDER:
1. Dismiss sales consultant A.M. Miroshnikova. from the performance of labor duties for the period from 10/02/19 to 11/10/19 inclusive. 2. Accountant N.N. Krasnokutskaya do not charge wages to Miroshnikova A.M. for the period from 10/02/19 to 11/10/19 inclusive.
Director: Irgashev A.I. Reason: medical report No. 5522 dated 10/01/19. The order was reviewed by: Miroshnikova A.M. Krasnokutskaya N.N.
Maintain your image
Image is our integrity, consisting of our appearance and the impression we make on others. Dress in business style, be neat, and keep your shoes clean. Do not overuse perfume and jewelry, remember about your hairstyle and oral hygiene. At least sometimes smile and be friendly. Avoid gossipers, critics and colleagues who are always dissatisfied with their lives. Create an image of a confident professional with whom it is pleasant to communicate and work.
Analyze your communication style and style, habits and individual character traits. Think about what you can change and improve a little to build more effective relationships with colleagues and clients.
Suspension and dismissal
Speaking about suspension from work, one cannot fail to mention dismissal due to medical reasons.
In addition to disciplinary problems, when, following a medical suspension. indications should result in dismissal (for example, if an employee deliberately avoids medical examinations or comes to work in a state of intoxication, recorded by responsible persons), they can be fired under Art. 73 Labor Code of the Russian Federation.
If an employee refuses a medical transfer. testimony and the period of this transfer is long - over 4 months, permanent, we are no longer talking about removal from work, but about dismissal. An employer can do the same if he does not have a suitable job for a citizen for the specified period.
For a completely incompetent citizen, only dismissal is applied on the basis of a certificate from a medical commission. The document must contain a direct indication of incapacity, only then the dismissal is considered legal (Article 83-5 of the Labor Code of the Russian Federation).
Briefly
- Suspension from work is a temporary procedure. After eliminating the medical reasons that impede the performance of work duties, the employee is allowed to enter the workplace.
- If according to honey According to the testimony, the employee should be transferred to “light work”, but this is not possible, then for 4 months he may not work, as if suspended by the administration, and maintaining his position. Salaries are not accrued upon suspension from work, except in cases where a citizen missed a medical examination due to circumstances beyond his control. Then he will be paid for this time as idle time - partly from the average earnings or tariff (salary).
- The order for suspension for medical reasons contains an indication of the basis document and an order from the accounting department to stop accruing wages. The employee and the accountant get acquainted with its text against signature.
Now, according to the employment law, public works is understood as labor activity that has a socially useful orientation and is organized as additional social support for citizens looking for work. Officially registered unemployed people who contacted the employment service are involved in public works, recalled Alexander Safonov, a professor at the Financial University under the Government. To participate in public works for working citizens who are on forced leave, a change in legislation will be required, he noted.
Tuition with scholarship and reimbursement to employers
As part of additional measures to support employment, the Ministry of Labor proposes to organize advanced vocational training for workers. “Training will take place remotely. Employees will receive a stipend during their studies. Moreover, this can be either additional education or an internship at the enterprise itself,” the department explained.
The Ministry proposes to reimburse employers for the costs of partial remuneration of workers dismissed from other organizations. “Employers who employed dismissed employees can count on compensation for part of the wages of new employees in the amount of the minimum wage,” the Ministry of Labor said.
Another direction is to assist citizens who have opened their own businesses in creating additional jobs to employ the unemployed. “A one-time payment to entrepreneurs is provided, which can be equal to 60 thousand rubles,” explained Kotyakov.
Labor market monitoring
The Ministry of Labor will monitor the situation on the labor market on a weekly basis, and we are talking about monitoring “not only the workers planned for release, their number at the enterprise, underemployment, [is introduced] and monitoring the transfer of people to remote work, as well as non-payment of wages fees,” Kotyakov specified.
Transferring to remote work should not lead to a salary reduction. “Wages, while maintaining the full scope of job responsibilities assigned to the employee, must remain the same; no reduction should occur. The transition to remote work presupposes mutual consent of the parties to organize such a work process,” the head of the Ministry of Labor noted. Currently, according to the ministry’s monitoring data, 101 thousand people are working under part-time employment.
Measures from the past
According to experts, the measures announced by the Ministry of Labor are not enough. The ministry’s proposals look like a bureaucratic reaction to the task set in conditions of uncertainty and with limited resources, says Anton Tabakh, chief economist of the Expert RA rating agency, associate professor of the Faculty of Economics of Moscow State University. “The Ministry of Labor did not propose real tools to save at least a million jobs that will disappear due to quarantine measures, but sent to the government a set of actions that were used in the past. The main problem is that good measures to support employment in single-industry towns do little to help the service sector in large cities and resort areas,” he said.
The blow to the labor market, according to Tabakh, will be severe, but first of all those sectors that are currently poorly covered by the social insurance system and protection of the interests of workers will suffer. It is necessary to create an employment promotion fund, through which the state could subsidize the employer’s expenses for paying wages up to the minimum wage level, in conditions where he does not have enough working capital for the minimum wage of employees, but he is not ready to reduce staff, suggests a professor at the Government Financial University Alexander Safonov.
Sobyanin reported to Putin about the high dynamics of the spread of coronavirus Society
The unemployment rate is still known only for February 2020; it amounted to 4.6% of the total population, or 3.4 million people, according to Rosstat data. This is less than in the same period in 2020, when the figure was estimated at 4.9%, or 3.7 million people.
In general, the number of labor force in Russia over 15 years of age as of February of this year was estimated at 74.5 million people. The employment rate (the ratio of the employed population to the total population aged 15 years and older) is estimated by Rosstat at 58.9%.
In the face of the threat of the further spread of coronavirus infection, “it is possible and necessary to use a variety of flexible forms of employment of people - in some places a shortened working day, in others remote work, which is most consistent with the recommendations of doctors,” Prime Minister Mikhail Mishustin previously said. But dismissal should be a last resort, he said. Many enterprises, due to a reduction in the number of clients, may experience financial difficulties, cash gaps and other issues that are associated with the inability of employees to perform their duties, but employees here should not suffer. “If anyone is tempted to take advantage of the hype around the coronavirus and solve their current problems by cutting staff, such enterprises will be inspected by the Labor Inspectorate, the Federal Tax Service and the Prosecutor’s Office,” the prime minister warned.
According to current labor legislation, if an employee is fired due to the liquidation of an organization or a reduction in staff, he is entitled to severance pay in the amount of the average monthly salary, and he also retains earnings for the period of employment for two months from the date of dismissal (including severance pay) . In this case, the employer is obliged to notify the employee of the termination of the employment contract two months in advance.
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