Let's see under what circumstances the employer is required to remove the employee from work. This moment is extremely important in labor activity. After all, the established norms cannot be violated. What is spelled out in the Labor Code must be fully implemented. Otherwise, the employee may suffer a certain punishment, and the employer. The rules and reasons for the removal of employees from the performance of official duties are prescribed in article 76 of the Labor Code of the Russian Federation. What should I look for? For what reasons and under what circumstances can an employee be removed from his duties?
Drunkenness
The first reason is a state of intoxication. The employer is obliged to remove the employee from work at the moments when the subordinate arrived to perform his duties in a state of alcoholic or narcotic, as well as toxic intoxication.
This item does not depend on the position or activity of the employee. In these conditions, the employee should not be allowed under any pretext to perform official duties. This is not only because of the likelihood of harming the production being done, but also for safety reasons.
A person who is in a state of one or another intoxication is not always an adequate and fully aware citizen. Therefore, the employer must remove the employee from work if the latter is seen taking alcohol or psychotropic / toxic / narcotic substances. Even if a person is not drunk, but he used these substances, it is forbidden to allow him to work.
Training
What else does article 76 of the Labor Code of the Russian Federation say? An employer is required to remove an employee from work if he has not completed the required training before performing official duties.
This phenomenon is not too common. The authorities independently establish the rules of conduct at the workplace and the conditions under which it will be possible to start working without problems. Some enterprises have to undergo special training for this. And if it is not completed or not completed, the employer must remove the employee from work.
But if the company does not provide for preliminary training or study during the performance of official duties, then the employee has the full right to work. And no one can remove him from work.
Occupational Safety and Health
A huge role in each company is played by labor protection. When is an employer obligated to remove an employee from work? There can be many reasons. And another option for the development of events is non-completed training and certification in the field of labor protection.
That is, an employee who is not fully acquainted with these conditions is not allowed to fulfill official duties under the law. This is a must-have item for all companies. A person who does not know the rules of labor protection cannot fully ensure the safety of production. This means that his work is dangerous both for the company and for the employee himself. This is a good reason that allows the employer not to allow his people to perform official duties. Moreover, it is his duty under the law!
Body check
It's no secret that almost every employee in a certain industry should have a medical book. All employees in companies are required to undergo a medical examination. It is important to understand this before employment. Why?
The thing is that the employer must remove the employee from work if he did not provide a medical book with the results of the examination. That is, the suspension threatens to evade scheduled inspections conducted in companies with a certain periodicity. It should be borne in mind that potential superiors do not have the right to accept an employee in general to work without a medical book. But this rule applies only to those areas of activity in which this document is required. For example, if a person is going to work with food or in the medical field. What does article 76 of the Labor Code of the Russian Federation say ? The employer must remove the employee from work under certain conditions. And the lack of a health book, as well as a medical examination, is a good reason. But not always.
Accordingly, if there are no established rules regarding medical examinations, and the activity of the employee does not require the availability of a medical book, then it is also impossible to remove him from work for this reason. Such rules are currently established in Russia.
Survey
What else should be paid attention to in the question under study? The thing is that the employer is obliged to remove the employee from work if he did not provide timely relevant certificates from a narcologist and psychiatrist. In other words, the examination by these doctors did not pass.
Do not confuse this item with the medical board. Often there is a medical book, a certificate of the established form has been handed over to the employer, but there are no conclusions from the narcologist and psychiatrist. This is another reason why you can not allow a subordinate to perform official duties.
Contraindications
But even the presence of a medical report and examination by a psychiatrist with a narcologist does not give a 100% guarantee that a person will not be banned from working. Why? Which employee is the employer required to remove from work?
The one who has contraindications for the performance of official duties that were identified during the medical examination. In other words, a medical report with contraindications to one or another activity is the basis for not allowing a person to work. This means that the employer must remove the employee from work in the presence of medical contraindications. Not so common, but it does occur.
As required by law
The following scenario is extremely rare. The thing is that the employer is obliged to remove the employee from work in the case when it is required by certain authorities or officials.
It can be said according to the requirements established by law. Not everyone can make requests. But only certain persons specified by regulatory acts of the Russian Federation, as well as the laws of the country. For example, employees of the Ministry of Internal Affairs.
Such a suspension will last as long as authorized persons say.
Good reasons
Is the employer obliged to remove the employee from work when the subordinate has good reason for preventing him from undergoing a medical examination or training? This question interests many. After all, far from always everything turns out the way you want. Therefore, it is not clear how important the seriousness of this or that reason, according to which, removal from the performance of official duties, should follow, is important.
Unfortunately, this item does not play a role. Regardless of the circumstances and the existence of a good reason for the failure of a medical examination or training, as well as certification, the employer should not allow a subordinate to work. This is important to remember.
Briefly
Now it’s clear that the employer must remove the employee from work if the employee:
- not trained
- not certified and not trained in labor protection rules;
- convicted of drinking alcohol, as well as in the use of psychotropic, narcotic and toxic substances;
- did not pass a medical examination;
- does not have conclusions from a psychiatrist and narcologist;
- during the medical examination revealed contraindications for certain labor activities;
- in case of request of authorized persons and authorities.
This list is not exhaustive. In fact, there are many reasons for suspension from official duties. Often the bulk of these depends on the rules and regulations established within the company.
Salary
The next important question is the procedure for remuneration. The thing is that removal for one reason or another from work implies that a person will not perform his duties. But as an employee, he is still listed. What to do with pay?
Usually, if the employer is obliged to remove the employee from work, then you have to prepare for the fact that during this period there is no accrual of earnings. But there are exceptions. We are talking about cases where the reasons appeared due to circumstances beyond the control of the employee. In this situation, remuneration is paid, but not fully. It will be charged as simple.
But if the employee did not pass the medical examination or training / certification on his own initiative, and even if this happened with good reason, there will be no remuneration. This is important to remember.
Suspension period
The next question that requires special attention is the decision on how long to remove the subordinate from the performance of official duties. The thing is that this topic often worries workers. Especially if the suspension does not mean downtime.
How much does the employer forbid a subordinate to work? As much as needed to eliminate the reasons that impede the performance of official duties. The faster an employee copes with them, the sooner he can begin to work again.
The exception is two cases: removal at the request of officials and government officials, as well as for health reasons. In the first case, the downtime will continue for as long as the relevant authorities require. And in the second - either until recovery, or constantly.
Just do not think that a medical report is a reason for dismissal. The employer must offer the subordinate all possible options for transferring to another position in the company. Dismissal threatens only in the case when the ailment identified by the medical staff cannot be eliminated, as well as if the employee refused all the options offered to him. In this situation, either dismissal "under the article", or at will, takes place.
Removal is ...
Many are interested in what exactly is meant by suspension from work. The Labor Code of the Russian Federation has a specific definition of this term. Suspension from work - temporary prohibition of the performance of official duties for one reason or another, prescribed in the Labor Code of the Russian Federation, as well as in other legislative acts.
Suspension from dismissal should not be confused. In the first case, the measure is temporary. The employee is listed in the company, under certain conditions, he is even paid a downtime. And in the second case, the termination of official duties is a permanent measure. A person will be excluded from the personnel of the company.
That's all. In fact, there are many reasons why an employer can remove employees from work. And it should not be limited to the above options. The main thing is that dismissal in these situations does not take place. Only if the employee intentionally does not eliminate the interference with the work.