Suspension from work. Reasons for suspension from work and its legal consequences Suspension from work in the event of an accident

The law does not establish the employer's right to remove an employee from work. The Labor Code of the Russian Federation establishes the obligation of the employer to remove the employee from work in strictly defined cases:

- appearance at work in a state of alcoholic, narcotic or other toxic intoxication;

If the employee did not pass in the prescribed manner

If the employee has not passed a mandatory medical examination or a mandatory psychiatric examination;

If, in accordance with the medical report, contraindications are identified for the employee to perform work stipulated by the employment contract;

In case of suspension for a period of up to two months of the license, driver's license, the right to bear arms, other special rights of the employee, if this entails the impossibility of the employee to fulfill the obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (including a lower position or lower-paid work) that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

At the request of authorized bodies or officials;

A foreign citizen or stateless person (in case of suspension or expiration of a work permit, patent, temporary residence permit, residence permit in the Russian Federation, the term of a medical insurance contract or the provision of medical services);

An employee engaged in underground work, if he does not comply with the safety requirements of these works, does not use the issued personal protective equipment; if the employee has prohibited items while in underground areas;

A pedagogical worker, an employee in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical support, social protection and social services, in the field of children's and youth sports, culture and art with the participation of minors - upon receipt from law enforcement agencies of information about that this employee is subject to criminal prosecution for intentional grave and especially grave crimes;

An athlete from participating in sports competitions in the event of a sports disqualification or at the request of the All-Russian Sports Federation in the relevant sport;

In the absence of preventive vaccinations for an employee performing work associated with a high risk of contracting infectious diseases,

In some other cases (civil servants, police officers, Investigative Committee, etc.).

In cases not provided for by law, the employer is not entitled to remove the employee from work.

The employer suspends the employee from work for the entire period of time until the circumstances that are the basis for the suspension from work are eliminated. During this time, the employee is not paid wages, with the exception of the suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own (in this case, the employee is paid the time of suspension as simple - see Legal rationale).

If the employer has made illegal, in the opinion of the employee, suspension from work, the employee has the right to apply to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as the court for the protection of his rights.

Legal rationale

According to Article 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) the employee:

appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

who has not passed a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the Code, other federal laws and other regulatory legal acts of the Russian Federation;

if, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract;

in case of suspension for up to two months of an employee’s special right (license, right to drive a vehicle, right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling an employee of obligations under an employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health . At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

in other cases provided for by the Code, other federal laws and other regulatory legal acts of the Russian Federation.

The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that were the basis for suspension from work or non-admission to work are eliminated, unless otherwise provided by the Code, other federal laws.

During the period of suspension from work (non-admission to work), wages are not accrued to the employee, with the exception of cases provided for by the Code or other federal laws. In cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

According to article 327.5. The Labor Code of the Russian Federation, along with the cases specified in Article 76 of the Code, the employer is obliged to suspend from work (not allow to work) an employee who is a foreign citizen or stateless person in the event of:

suspension of validity, expiration of a permit to attract and use foreign workers, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;

expiration of a work permit or patent, except for cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;

expiration of a temporary residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in respect of a foreign citizen or stateless person temporarily residing in the Russian Federation;

the expiration of a residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person permanently residing in the Russian Federation;

the expiration of the contract (policy) of voluntary medical insurance in the Russian Federation or the termination of the contract concluded by the employer with a medical organization for the provision of paid medical services to an employee who is a foreign citizen or a stateless person, which ensure the provision of primary health care and specialized medical care to such an employee medical assistance in an emergency form, with the exception of cases established by federal laws or international treaties of the Russian Federation, in respect of a foreign citizen or stateless person temporarily staying in the Russian Federation.

Article 330.4. The Labor Code of the Russian Federation determines that, along with the cases specified in Article 76 of the Code, the employer is obliged to remove the employee from underground work (not to allow underground work) in the following cases:

non-compliance by the employee with the safety requirements established by federal laws and other regulatory legal acts of the Russian Federation during underground work, including in the event that the employee commits actions that endanger the life and health of people;

non-use by the employee of personal protective equipment issued to him in accordance with the established procedure;

the presence of an employee, when he is in underground areas located at facilities classified in accordance with federal laws and other regulatory legal acts of the Russian Federation as explosive production facilities (including underground mine workings located at mining sites), smoking accessories, sources of fire ( matches, lighters and others), alcoholic beverages, narcotic and other toxic substances, as well as personal property prohibited by internal labor regulations for use in the specified underground areas of personal property (including electronic devices, the use of which can lead to an emergency).

When an employee is removed from underground work (not allowed to work underground) in the cases provided for in paragraphs two and three of part one of this article, the employee is allowed to work underground after passing, in the prescribed manner, an extraordinary test of knowledge of safety requirements during underground work or the rules for using personal protective equipment . The employer is obliged to organize the said inspection within three working days after the day the employee is suspended from underground work (exclusion from underground work).

When an employee is suspended from underground work (not allowed to work underground) in the case provided for in paragraph four of part one of this article, the employee is allowed to work underground after depositing smoking accessories, sources of fire (matches, lighters and others) with the employer (his representative), alcoholic beverages, as well as prohibited by the internal labor regulations for use in underground areas located at facilities classified in accordance with federal laws and other regulatory legal acts of the Russian Federation as explosive and fire hazardous production facilities (including underground mine workings located at mining sites), personal property (including electronic devices, the use of which may lead to an emergency) in a place located outside the specified underground areas.

During the period of suspension from underground work (non-admission to underground work), wages are not accrued to the employee, except for cases when the employee did not pass, in accordance with the established procedure, an extraordinary test of knowledge of safety requirements for underground work or the rules for using personal protective equipment through no fault of his own. In this case, the employee is paid for the relevant period as for downtime.

According to article 331.1. The Labor Code of the Russian Federation, along with the cases specified in Article 76 of the Code, the employer is obliged to remove from work (not allow to work) a pedagogical worker upon receipt from law enforcement agencies of information that this worker is being prosecuted for crimes against life and health, freedom, honor and dignity personal sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public safety, for other intentional grave and especially grave crimes. The employer suspends from work (does not allow to work) a pedagogical worker for the entire period of proceedings in a criminal case until it is terminated or until a court verdict enters into force.

Article 348.5. The Labor Code of the Russian Federation establishes that the employer is obliged to remove the athlete from participation in sports competitions in the following cases:

1) sports disqualification of an athlete;

2) the requirement of the all-Russian sports federation for the relevant sport or sports, presented in accordance with the standards approved by this federation.

The employer shall suspend the athlete from participation in sports competitions for the entire period until the circumstances that were the basis for the suspension are eliminated.

During the period of suspension of an athlete from participation in sports competitions, the employer ensures his participation in training and other activities in preparation for sports competitions while retaining a part of his earnings in the amount determined by the employment contract, but not less than that established by Article 155 of this Code.

According to article 351.1. The Labor Code of the Russian Federation, along with the cases specified in Article 76 of the Code, the employer is obliged to remove from work (not allow to work) an employee in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical care, social protection and social services, in the field of children's youth sports, culture and art with the participation of minors upon receipt from law enforcement agencies of information that this employee is subject to criminal prosecution for crimes against life and health, freedom, honor and dignity of the individual, sexual integrity and sexual freedom of the individual, against the family and minors, health population and public morality, the foundations of the constitutional order and the security of the state, as well as against public security, for other intentional grave and especially grave crimes. The employer suspends from work (does not allow to work) the employee for the entire period of criminal proceedings until it is terminated or until the court verdict enters into force.

Part 2 of Article 5 of the Federal Law of September 17, 1998 N 157-FZ "On Immunization of Infectious Diseases" establishes that the lack of preventive vaccinations entails the removal of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.

The list of works, the performance of which is associated with a high risk of contracting infectious diseases and requires mandatory preventive vaccinations, is established by the federal executive body authorized by the Government of the Russian Federation.

Article 157 of the Labor Code of the Russian Federation establishes that:

Downtime due to the fault of the employer is paid in the amount of at least two thirds of the average salary of the employee;

Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime.

You have received an answer to your question

The purpose of the suspension is to terminate the activities of an employee in the event that he violates the clauses of the Employment Agreement, current legislation, or simply poses a danger to others and to himself. Suspension is temporary and involves the return of the employee to their activities. However, if desired, the employer can transfer the employee upon his return to another position or even dismiss him. About when the employer is obliged to remove the employee from work and how the corresponding order is drawn up, we will tell further.

What is suspension

Before understanding the possible reasons for dismissal from work, let's look at the term itself. Often, dismissal is confused with dismissal, which is a gross mistake, since these two concepts have different specifics. Suspension involves preventing an employee from exercising their professional duties on a temporary basis. At the same time, it is accompanied by a temporary cessation of the payment of wages. Depending on the specific circumstances, the suspension may have a different duration.

It is important to note that the suspension does not occur at the request of the management, but out of necessity, since it is obliged to resort to such a measure in the presence of objective grounds (which we will discuss a little later). Among the state bodies that have the right to take an active part in the removal of an employee are:

judicial authorities;
procurator;
bodies of state technical supervision;
sanitary doctor of the district hospital and other persons.

Effects

Suspension from work can have different consequences. Among the most particular scenarios, we will designate the main ones:

the employee is transferred to another position;
the employee returns to the previous workplace;
the employee leaves due to the cancellation of the employment contract.

Thus, suspension from work is not a guarantee that after a specified period the employee will be able to return to his old duties. Moreover, if the illegal actions of the employee served as the basis for the suspension, then he will be suspended until the entry into force of the court verdict.

Suspension and dismissal

Now we will concretize all the information received above and analyze the difference between suspension and dismissal point by point:

Table 1. The difference between suspension and dismissal

Suspension and salary

One of the most interesting issues is the issue of payments for the period of suspension of an employee. As already mentioned, the suspension does not involve any payment for the employee, with some exceptions. According to Article 71 of the Labor Code, suspended workers have the right to keep a certain part of their salary in the following cases:

skipping a medical examination;
skipping a briefing;
skipping testing of knowledge related to labor protection.

Moreover, all these actions (or rather, inaction) should have occurred not through the fault of the employee himself, but due to objective circumstances that he could not influence. In such situations, the employee is assigned a payment that should not be lower than 2/3 of the tariff rate due to the employee at the moment.

You can read about what labor protection is and what measures it includes in itself.

Reasons for suspension

The removal of an employee by force must have a good reason. Among these reasons are the following:

It should be noted that the above situations are not the only possible ones. This list should be treated as incomplete, since legislators have the right to supplement it with new items at their discretion.

How does a suspension work?

Although a suspension does not require the consent of the employee, it cannot be carried out arbitrarily. The Labor Code of the Russian Federation involves the passage of a standard procedure, the observance of which guarantees the removal of an employee from office on legal grounds. This procedure consists of several stages:

drawing up an act that will be considered the basis for the removal of an employee. This act must be drawn up based on Article 76 of the Labor Code of the Russian Federation, as well as on the rules that apply within a particular organization;
on the basis of the drawn up act, an order is created, which provides information about the reason for which the suspension occurred, about the position occupied by the employee and his full name.

As soon as these two stages are completed, the employer will be able to release the employee from professional activity by force.

Reference. Please note that the order must necessarily indicate the period during which the suspension is valid. This condition is mandatory for the reason that work bans apply for a limited period of time.

Who issues the order

The question of who is involved in issuing the removal order does not have a clear answer, since any employee of the organization with sufficient knowledge in the relevant area of \u200b\u200blegislation can become such a person. In particular, such a specialist will need a good orientation in the Civil and Labor Codes of the Russian Federation. In addition, it is desirable to have experience in creating such documents.

In most cases, the role of compiler is assumed by the following employees:

personnel worker;
specialist of the legal department;
secretary;
organization director.

From a formal point of view, the originator of the document does not really matter, since this document will be drawn up on behalf of the director of the organization. Therefore, it is the director who must certify the order with his signature, otherwise this paper will have no legal force.

Legal basis

Since the suspension must have objective reasons, it must be provided with an evidence base that will confirm the legality of the decision taken by the management. Among the documents that form the basis for drawing up an order for removal, the following are most often used:

memo - such a paper can be written by any employee of the company, regardless of their position. The only condition for writing this note is to have sufficient competence to convey information on this issue;
memorandum - writing notes of this format is carried out exclusively by employees occupying higher positions and exercising control over the activities of their subordinates. Memos allow you to regulate the activities of ordinary employees and make timely decisions "vertically".

Regardless of which note is in question in a particular case, it must be submitted by an employee of the same department in which the candidate for suspension is involved. If that condition is not met, then the information contained in the note will not be taken into account by the authorities.

At the moment, employers do not have a single form of a suspension order that could guide the preparation of similar documents. In this regard, various enterprises allow themselves some degree of freedom in the design of this paper and rely on samples developed within the enterprise itself. The only requirement for such an order is the need to comply with the standards of office work adopted in Russia.

Thus, it is legitimate to talk about several points that must necessarily be present in the order for removal. These items include the following:

name of company;
order number (in accordance with the internal document flow of the organization);
date and place of issuance of the order;
position and full name the employee to be removed;
grounds for removal;
the time period during which the suspension will be in effect;
evidence base (a note from employees or an act that recorded a violation by an employee of certain norms).

In most cases, the order is created in one copy, however, if necessary, it can be copied. The fact of drawing up the order must be recorded in the internal log book. At the expiration of this order, it is recommended to move it to the archives.

Design nuances

The absence of strict requirements makes it possible to draw up a suspension order both by hand and by printing a document created on a computer. As a sheet on which the text of the order will be located, you can use two options:

standard white sheet of A4 format;
letterhead issued for this organization.

This document must contain three mandatory signatures that belong to:

the director of the organization;
dismissed employee;
employees responsible for the execution of the order.

Sometimes it happens that the employee refuses to sign the drafted document. This circumstance is not a reason for canceling the order. All that is required from its compilers is documenting inaction on the part of the employee, that is, drawing up an act of refusal to sign the order. For this act to become legally binding, it must be signed by two witnesses.

Video: Labor Code of the Russian Federation on suspension from work

Suspension from work - a temporary exclusion of an employee from the performance of labor duties. It is carried out on the grounds specified in the Labor Code, and in other cases provided for by federal laws and other regulatory legal acts of the Russian Federation. The volitional actions of an employer who dismisses an employee at his own discretion are unacceptable. At the same time, suspension from work in cases provided for by law is not the right of the employer, but his obligation.

The most typical grounds for suspension from work are listed in Art. 76 TK. These include:

The appearance at work in a state of alcoholic, narcotic or other toxic intoxication. The fact of such a condition is confirmed by a medical report or an appropriate act, which is signed by an official and persons who are witnesses of this circumstance;

Failure to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner. According to Art. 214 of the Labor Code, the employee is obliged to undergo training in safe methods and techniques for performing work on labor protection, briefing on labor protection, testing knowledge of labor protection requirements. Failure to fulfill this obligation excludes the possibility of continuing work;

Failure to pass, in accordance with the established procedure, a mandatory medical examination (examination), as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation. The list of categories of workers who are required to undergo medical examinations to determine the suitability of these workers for the performance of assigned work, the prevention of occupational diseases and for the protection of public health, is contained in Art. 213 TC;

Identification, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, of contraindications for the employee to perform work stipulated by an employment contract;

Suspension for a period of up to 2 months of an employee’s special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill obligations under employment contract and if it is impossible to transfer the employee, with his written consent, to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area.

The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

Requirements of bodies and officials authorized by federal laws and other regulatory legal acts. Such requirements may, for example, be made by officials of the federal labor inspectorate, sanitary inspection authorities.

The list of grounds for dismissal from work, provided for by Art. 76 of the Labor Code is not exhaustive. The same article states that there may be other grounds provided for by federal laws and other regulatory legal acts of the Russian Federation.

For all reasons, the employee is suspended from work for the entire period of time until the circumstances that caused the suspension from work are eliminated. This means that in case of suspension from work in connection with the appearance at work in a state of intoxication, the employee is suspended only on the day when he was in such a state.

As a general rule, during the period of suspension from work (non-admission to work), wages are not accrued to the employee. Exceptions can only be provided for by the Labor Code or other federal laws. So, according to the Federal Law "On the State Civil Service of the Russian Federation", a civil servant who has committed an official misconduct may be temporarily (but not more than a month), until the issue of his disciplinary liability is resolved, removed from the position of the civil service to be replaced with the preservation of the monetary content. .

The Labor Code, taking into account that the suspension from work is not always due to reasons that depend on the employee, in certain cases provides for payment for the time of suspension from work as for downtime. Such payment is made in cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination (examination) through no fault of his own.

Yu. P. Orlovsky, A. F. Nurtdinova, L. A. Chikanova

From the book: 500 topical questions on the labor code

Suspension from work is the non-admission of an employee to the performance of his immediate labor duties for any reason. Such a measure, according to Art. 76 of the Labor Code of the Russian Federation, does not entail a change or termination of labor relations.

The employer has the right to remove his employee from his immediate job duties for a certain period. But there must be good reasons for this. They are registered in the Labor Code of the Russian Federation. In addition, the process must be properly framed in terms of personnel. An employer can only remove an employee on the basis of an order.

Suspension order

An employee is not allowed to perform his functions only on the basis of an order issued by the employer. The order is drawn up on the basis of documents that confirm that the employee cannot immediately start work.
Such documents can:

medical report on the state of alcoholic or other intoxicating intoxication;
failed exams in occupational health and safety courses;
lack of a medical opinion on the state of health;
the presence of a medical certificate of poor health;
other.

The order is drawn up with a serial number on the letterhead of the employer. It must include the following information:

full name and position of the employee. If necessary, you can specify the structural unit;
the period for which the employee is suspended from the performance of his immediate duties;
methods of payment for the period when the employee is suspended. The employer has the right not to pay these days at all, but can pay as simple;
Full name, position and structural unit where the person who is entrusted with the controlling function for the execution of the order works;
grounds on which the employee was suspended from work. You must specify the date and number of the document;
date and signature of the employer.

The employee must read the order and sign it. This is done in case the employee decides to appeal the employer's decision in court.
If the employee refuses to sign the order, the employer must draw up an act to that effect.

Grounds for removing an employee from work

In Art. 76 of the Labor Code of the Russian Federation lists the grounds for removing an employee from work. These grounds include:

the appearance of an employee at the workplace in a state of alcoholic or any other intoxicating intoxication.
This condition must be recorded by a doctor. Only he determines one of the 5 established by the Methodological Guidelines for Medical Examination, the patient's conditions. The degree of punishment of the offending employee depends on this.
the employee has not been trained and tested knowledge in the field of labor protection and safety.
The obligation to undergo training is directly established in Art. 214 of the Labor Code of the Russian Federation. The employer is obliged to provide employees with knowledge on labor protection. Such a duty is assigned to him by Art. 212 of the Labor Code of the Russian Federation. Verification of such knowledge is carried out by a special commission, which is created by the employer. If the employee has not passed such a check, then he can re-appear for it only after a month.
the employee has not passed a mandatory medical examination, or a mandatory psychiatric examination. Such examinations are mandatory, that is, when the employee is allowed to perform work in a healthy state (for example, educators) and voluntary, when the employer takes care of his employees in this way.
If the employee has not passed the mandatory examination, then he is suspended from work. If he did not pass the voluntary, then the employer does not have the right to remove him.
identification by physicians of contraindications for the performance of a particular work, which is provided for by the employment contract.
The basis for removal is a medical report, which is issued in accordance with the procedure established by law. The employee is suspended from work for the duration of additional examinations.
The employer, according to Art. 73 of the Labor Code of the Russian Federation, can transfer such an employee to another job that corresponds to his health. If the employee does not agree to the transfer, then the employer can even fire him.
the employee's special right has expired. In this case, the employee may be suspended from work for up to 2 months.
Special law includes special knowledge, skills and abilities, which are confirmed by a special document. For example, a driver's license. If a person performs the duties of a driver under an employment contract and his driver's license has expired, then he can be suspended from work for 2 months to replace them.
requirement of law enforcement agencies and other officials.
For example, at the request of the federal labor inspectorate. This happens if the employee does not comply with the instructions of the inspector. Given to him during the last check. In this case, the employer will also be punished.
other grounds.
The grounds presented in Art. 76 of the Labor Code of the Russian Federation is not an exhaustive list. Suspension from work is also possible for other reasons, which must be specified in federal law or other laws.

Terms of suspension

In paragraph 2 of Art. 76 of the Labor Code of the Russian Federation states that the period of suspension of a person from work lasts from the moment the circumstances are revealed (clause 1 of article 76 of the Labor Code of the Russian Federation) until they are completely eliminated. If the management did not immediately discover these circumstances, then the employee is suspended from the moment they are discovered.

Important! It is the duty of the employer to prevent a person from his labor duties. If the bottoms are revealed, he has no options. Legislatively, he is endowed not with a right, but with an obligation. If he does not take action in time, he may be held accountable at the first inspection from the labor inspectorate.

The law provides for a longer period of suspension than after the elimination of legal grounds. It concerns only the administrative staff of the enterprise. For example, if after passing a medical examination, the head (of an entire enterprise, branch, representative office or separate subdivision) is recommended to change jobs on a permanent or temporary basis, the employer is obliged to take measures. In particular, he offers vacancies corresponding to the qualifications of such an employee.

If there are no vacancies or a person does not want to accept them, the employment contract may be terminated with him on the basis of clause 8 of Art. 77 of the Labor Code of the Russian Federation. But the parties may conclude an agreement between themselves on the removal of this employee from his duties for a period exceeding the moment of liquidation of the grounds. This is the only legal case when the period of suspension can be up to 4 months, when the grounds have already exhausted themselves.

If the employee did not pass the mandatory medical examination through no fault of his own, but through the fault of the management (for example, an agreement for the provision of such services was not concluded with a medical institution on time, or it was not paid on time), then suspension cannot be avoided. But this period of time will be included in the length of service that is necessary to provide annual leave.

But if there is no fault of the employer, and the person is not allowed to his direct labor duties on the grounds listed in Art. 76 of the Labor Code of the Russian Federation (that is, if there are guilty actions on his part), then this period will not be included in the length of service for vacation.

Salary during suspension

An important issue is regarding the payment of those days when a person is not allowed to perform his official duties due to his fault. In Art. 76 of the Labor Code of the Russian Federation says that this period is not payable at all. But there are exceptions to the rule:

involvement of an employee in a criminal case as a suspect or accused. During the period while the investigation is ongoing, the employee may receive state benefits. Its size is set within the limits of no more than 5 minimum wages per month. Paid in proportion to the days missed. But for this there must be a petition filed with the consent of the head of the investigative body or the prosecutor (depending on the stage of the investigation - investigation or inquiry). The petition is filed with the court at the place of the preliminary investigation. This is stated in Art. 114 Code of Criminal Procedure of the Russian Federation;
removal of a person from work due to the threat of the spread of infectious diseases, the carriers of which he is. The reason for the spread may be the nature of its work (for example, in a humid environment in which the infection spreads faster). He can either be transferred to another position, to a less aggressive environment for diseases, or temporarily suspended from work. If there is no possibility of transfer, but there is only the possibility of non-admission, then such an employee will receive benefits during this period. The allowance will be paid in accordance with Law No. 255-FZ;
upon revealing the fact of conflicts of interest in the public civil service, the employer of such an employee must remove him from performing public duties for a period until the conflict of interest is resolved. During this period, he is paid his civil monetary allowance in full;
if bacteria and viruses are detected in a worker who has been in contact with an infectious patient, he is placed in quarantine. This is similar to being suspended from work until the threat of infection to other employees has passed, on which a medical certificate will be issued. During this period, a person in quarantine receives unemployment benefits, according to their length of service and average earnings. If a person cannot work for the reason that his child under the age of 7 is in quarantine, attending a preschool institution, or another disabled or incapable relative (this must be confirmed by relevant documents), then the caregiver is also provided with paid sick leave for the entire period;
if an employee who falls under the Law "On the Prosecutor's Office" commits some misconduct, for which he can be brought to disciplinary responsibility, then for the period of clarification of circumstances (but not more than 1 month), he is suspended from his duties. But during this period he receives his official salary and other payments (for length of service and for class rank);
if an employee has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination through no fault of his own, but through the fault of the employer, he is temporarily not allowed to perform his duties. But this period is paid to him as simple, according to Art. 157 of the Labor Code of the Russian Federation.

Important! Not only the suspension itself must be correctly executed, but wages during this period must be justified and confirmed by settlement documents.

Major controversy surrounding the suspension

When an employee is removed, the following disputes often arise between the parties to the employment relationship:

the application of grounds that are not spelled out in Art. 76 of the Labor Code of the Russian Federation. If the management arbitrarily did not allow a person to work and there is an order about this, then it is declared invalid. As a consequence, the suspension itself too. The employee has the right to demand payment for these days;
Management does not follow the prescribed procedure for suspension. For example, if a person has not passed a medical examination, he should be temporarily offered another position that does not require a mandatory periodic medical examination. If the management did not offer it, this is a violation. The absence of a signature on the order is also a violation. The employee may demand that the exclusion from work be recognized as invalid and, as a result, payment for this period;
payment violation. In general, this period is not paid, but there are exceptions (they are described above). Sometimes management forgets about these exceptions;
preventing a person from work as a disciplinary sanction. This is not a punitive measure! Such behavior by management will be recognized as illegal. The employee has the right to demand payment for this period. Violation of the rules and regulations of suspension from work leads to claims in the courts. As a rule, the judiciary takes the side of employees and awards management to pay for periods of forced absenteeism.

The employer is obliged to suspend from work (not allow to work) the employee:

appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

who has not passed the mandatory medical examination in the prescribed manner, as well as the mandatory psychiatric examination in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation;

if, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract;

at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

in other cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation.

During the period of suspension from work (non-admission to work), wages are not accrued to the employee, with the exception of cases provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

Comments to Art. 76 Labor Code of the Russian Federation

1. In accordance with Art. 212 of the Labor Code, the employer is obliged to ensure that persons who have not been trained and instructed in labor protection, internships and tested knowledge of labor protection requirements are not allowed to work.

2. In accordance with Art. 114 of the Code of Criminal Procedure, if it is necessary to temporarily remove the suspect or accused from office, the investigator, with the consent of the head of the investigative body, as well as the interrogating officer, with the consent of the prosecutor, file a corresponding petition with the court at the place of the preliminary investigation. Within 48 hours from the moment of receipt of the petition, the judge issues a decision on the temporary suspension of the suspect or the accused from office or on refusal to do so. The decision on the temporary removal of the suspect or the accused from office shall be sent to the place of his work. Temporary removal of the suspect or the accused from office is canceled on the basis of the decision of the inquirer, investigator, when the application of this measure is no longer necessary.

If a high official of a constituent entity of the Russian Federation (the head of the supreme executive body of state power of a constituent entity of the Russian Federation) is involved as an accused and is charged with committing a grave or especially grave crime, the Prosecutor General of the Russian Federation shall send a proposal to the President of the Russian Federation on the temporary removal of the said person from office. The President of the Russian Federation, within 48 hours from the moment of receipt of the submission, decides on the temporary removal of the specified person from office or on refusal to do so.

A suspect or accused who has been temporarily removed from office is entitled to a monthly state allowance in the amount of 5 minimum wages.

3. On the territory where a state of emergency is introduced by decree of the President of the Russian Federation, the following measures and temporary restrictions may be provided in accordance with Art. 13 of the Federal Constitutional Law of May 30, 2001 N 3-FKZ "On the state of emergency": 1) temporary resettlement of residents to safe areas with the obligatory provision of such residents with stationary or temporary living quarters; 2) suspension from work for the period of the state of emergency of the heads of state organizations in connection with the improper performance by the said heads of their duties and the appointment of other persons as temporarily acting as the said heads; 3) suspension from work for the period of the state of emergency of the heads of non-governmental organizations in connection with their failure to perform or improper performance of the measures provided for by paragraph "g" of Art. 11 and p. "c" Art. 13 of the said Law, and the appointment of other persons as temporarily acting as the said leaders.

4. The chief state sanitary doctors and their deputies are endowed with the rights provided for in Art. 50 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population". In addition, in accordance with Art. 51 of this Law, they have the right, in the event of a threat of the emergence and spread of infectious diseases that pose a danger to others, to issue reasoned decisions on the temporary suspension from work of persons who are carriers of pathogens of infectious diseases and may be sources of the spread of infectious diseases due to the peculiarities of the work they perform or production.

5. The Bank of Russia makes a decision to terminate the activities of a temporary employer (Article 31 of Federal Law No. 40-FZ of February 25, 1999 "On the Insolvency (Bankruptcy) of Credit Institutions"): if the reasons that served as the basis for his appointment are eliminated; after the decision of the arbitration court to declare the credit organization bankrupt and to open bankruptcy proceedings (approval of the bankruptcy trustee) or the decision of the arbitration court on the appointment of a liquidator comes into force; on other grounds provided for by the said Law and Bank of Russia regulations.

The procedure for terminating the activities of a temporary employer is established by the regulations of the Bank of Russia.

Termination of the activities of a temporary employer upon elimination of the reasons that served as the basis for his appointment, entails the restoration of the powers of the executive bodies of the credit institution. The powers of the heads of the credit organization suspended for the period of the activity of the temporary employer from the performance of their duties shall be restored after the termination of the activities of the temporary employer, unless the heads of the credit organization are exempted from them in accordance with the legislation of the Russian Federation on labor.

The announcement of the termination of the activities of a temporary employer is published by the Bank of Russia in the Bulletin of the Bank of Russia.

6. The representative of the employer is obliged to remove from the civil service position to be replaced (not to allow the performance of official duties) a civil servant on the basis of Art. 32 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation": 1) who appeared at the service in a state of alcoholic, narcotic or other toxic intoxication; 2) who has not undergone training and testing of knowledge and skills in the field of protection of professional activity (labor protection) in accordance with the established procedure; 3) brought in as an accused, in respect of which the court issued a decision on temporary removal from office in accordance with the provisions of the criminal procedure legislation of the Russian Federation.

The representative of the employer has the right to remove a civil servant from the civil service position to be replaced (not to allow the performance of official duties) during the period of conflict of interest settlement. At the same time, the civil servant retains a monetary allowance for the entire period of removal from the civil service position to be replaced.

The representative of the employer removes from the civil service position to be replaced (does not allow to perform official duties) a civil servant for the entire period until the circumstances that are the basis for removal from the civil service position to be replaced (prevention from performing official duties) through the fault of the civil servant are eliminated. During the period of removal from the civil service position to be substituted (prevention from performing official duties) of a civil servant, he is not paid a monetary allowance, with the exception of cases provided for by federal laws.

7. State labor inspectors in the exercise of state supervision and control over compliance with labor law norms have the right (Article 357 of the Labor Code): to present to employers and their representatives binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, on the restoration of the violated rights of employees, bringing those responsible for these violations to disciplinary responsibility or on their removal from office in the prescribed manner; issue orders to dismiss from work persons who have not undergone training in safe methods and techniques for performing work, briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements in the prescribed manner.

8. The police are given the right in accordance with paragraph 23 of Art. 11 of the Law of the Russian Federation of April 18, 1991 N 1026-1 "On the Police" to remove from driving vehicles persons in respect of whom there are sufficient grounds to believe that they are in a state of intoxication, as well as those who do not have documents for the right to drive or use transport means.

9. A municipal employee who has committed a disciplinary offense may be temporarily (but not more than 1 month), until the issue of his disciplinary liability is resolved, suspended from the performance of official duties with the preservation of a monetary allowance. The removal of a municipal employee from the performance of official duties in this case is carried out by a municipal legal act (part 2 of article 27 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation").