Often, in order to carry out his work, a person must meet a number of conditions determined by labor legislation. Otherwise, removal from work is necessary. This procedure is possible only in cases specified by law, it is not the right of the employer, but his duty.
In particular, on the basis of the Labor Code of the Russian Federation, suspension from work should occur in cases where:
- the employee has not passed a mandatory psychiatric examination or medical examination ;
- the doctor determined that the employee should not perform his work for medical reasons;
- the employee came to the workplace in a state of intoxication (narcotic, alcoholic, toxic);
- the person did not pass the test of skills and knowledge, as well as training in labor protection;
- the employee’s right to drive a car, carry weapons and the like has been taken away, while he cannot be transferred to other work or to perform his labor function;
- This was required by various supervisory authorities or persons authorized by law;
- there are other obstacles to work defined by applicable law.
Suspension is carried out for a period until the reasons in connection with which it has been eliminated are eliminated. It must be made by order. If the suspension from work was due to the fact that the person was in a state of intoxication, he can be allowed to work only after his condition is normalized. In case of deprivation of any special right - up to restoration of the right. As a rule, the publication of the order must be preceded by a document indicating that the employee should be removed from work. It should indicate the reasons for which the removal from work is necessary. This is especially important when it can be accomplished only under certain conditions. For example, when a person does not want to be transferred to another job, which he is not forbidden to perform due to his state of health.
If an employee is removed from work with non-observance of procedural issues, then it may result in negative consequences for the employer, especially in litigation. The court may invalidate the order and oblige the employer to pay involuntary absenteeism. In most cases, when removed from work, the employee does not receive a salary. An exception - cases when he was not able to pass a knowledge test and training in labor protection or a mandatory physical examination. In this case, the suspension period is paid in the same way as a simple suspension (due to the fault of the employer, for reasons beyond the control of the parties). It should be understood that removal from work is not the release of the employee from work, which is a guarantee that ensures the preservation of his earnings and workplace. Cases of dismissal from work are also stipulated by law, but can be supplemented by a collective agreement or a local act of the organization.