Passing a medical examination by teachers: at whose expense is the “banquet”? Medical examination of teachers.

Teachers, educators and others teaching staff how persons working in children's institutions must undergo periodic medical examinations at least once every 2 years (persons under the age of 21 - annually). This is stated in the second part of Art. 213 Labor Code RF. But often in schools and kindergartens the question arises: Who pays for medical examinations at school?: at the expense of the employee or the employer?

The law gives an unequivocal answer to this question: both preliminary and scheduled medical examinations are carried out at the expense of the employer (Article 212 of the Labor Code of the Russian Federation). Even employees who have not yet been hired are examined at the expense of the employer. The employer is obliged to conclude an agreement with a medical organization that has the appropriate license and transfer to it a list of persons subject to medical examination. Then the medical organization makes calendar plan medical examination by employees and agreed with the employer.

If an employee is forced not to be present at the workplace to undergo a medical examination, he retains his average salary for the period of the medical examination (Article 185 of the Labor Code of the Russian Federation). Also, an employee cannot be fired or transferred to another position (Article 212 of the Labor Code of the Russian Federation), and the time of passing a medical examination is included in the length of service, giving the right to the next vacation (Article 121 of the Labor Code of the Russian Federation).

All verbal orders of directors to undergo inspection at their own expense are illegal, and every director knows about it. An employee is not required to undergo a medical examination at his own expense and cannot be removed from his position if the employer has not provided free examination. If the employee is nevertheless suspended from work, he can report this fact to the State Labor Inspectorate, and if violations are found on the part of the employer, the employee will be reinstated. If the employee was unable to pass the medical examination due to the fault of the employer, he is not responsible for the consequences, the entire burden of responsibility lies with the employer.

If the director in your institution persuades you to undergo a medical examination at your own expense, do not give in to threats, ask politely to provide you with a schedule for passing a medical examination and the addresses of institutions with which contracts have been concluded. No director wants litigation with the GIT, and after your firm request to provide information about passing a medical examination, he will fulfill his obligations. In extreme cases, you can simply not undergo a medical examination, because you were not provided with the conditions for passing it.

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Excerpts from the Labor Code of the Russian Federation:

Art. 212 of the Labor Code of the Russian Federation
The employer is obliged:

in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, arrange for the own funds mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations(examinations), other mandatory medical examinations (examinations), mandatory psychiatric examinations of employees, extraordinary medical examinations (examinations), mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time being passing the specified medical examinations (examinations), mandatory psychiatric examinations;

preventing employees from performing job duties without passing mandatory medical examinations (examinations), mandatory psychiatric examinations, as well as in case of medical contraindications;

Medical examination for trade workers (catering workers) Employees entering the trade sector food products who are employed in the field of food nutrition must undergo the prescribed medical examination for trade workers in full.

• dermatovenerological examination;
• health assessment by a therapist;
• donating blood for syphilis and sexually transmitted diseases;
• scraping for enterobiasis;
• analysis for the presence of helminthiasis;
• fluorography;
• serological analysis for the presence of typhoid fever;
• analysis for intestinal infections.

List of required doctors for medical examination

IMPORTANT! The link of the 3rd list, specified in Appendix 1 to Order No. 302n, establishes the obligation of the employee to undergo an examination by a therapist, psychiatrist and narcologist. The legitimacy of this provision was confirmed by the decision Supreme Court RF "On the refusal to recognize ..." dated 12/18/2012 No. AKPI12-1363.

In contrast to the initial medical examination, which the employee undergoes before entering into contract of employment with the employer, when passing a periodic medical examination, a certificate drawn up in the form No. 086 / y or No. 001-GS / y is not required to be received. Based on the results of the periodic inspection of the employee in medical organization a conclusion is drawn up containing the following information:

Medical examination rules for teachers changes 2018

At 2 months, the baby is examined by a pediatrician (no changes have occurred in this).
Now, at this age, a general blood and urine test will still be done in the clinic - these are innovations in 2018.
At 3 months, there is no longer a mandatory consultation with a neurologist (but a pediatrician and an orthopedic traumatologist remained).

• Periodic medical examination in accordance with Order N 302n
• Omutninskiye VESTI

• Medical examination of teachers in 2018

• Lawyers Answers (2)
  • Clarification of the client
• Looking for an answer?

• Annual medical examination for teachers

• In Yalchik district, teachers were forced to undergo medical examinations at their own expense

Scheduled medical examinations of children: age, tests and specialists

AT 1 month the child should be examined by a pediatrician, neurologist, pediatric surgeon, ophthalmologist earlier. Now an examination by a pediatric dentist has been added to this list. The list of studies remained unchanged, it includes ultrasound of the abdominal cavity, kidneys, heart, hip joints and neurosonography.

On January 1, 2018, a new order “On preventive medical examinations of minors” No. 514n dated August 10, 2017 came into force. It replaced the order of 2012, in which, for each age of the child, a list of doctors and additional studies was prescribed that should be done free of charge to the child. Today we compare the tables with these data from two orders and pay attention to the differences between them and innovations.

Teachers must undergo a medical examination annually

Therefore, on the basis of the above arguments, the Saratov Regional Court, by appellate ruling dated May 30, 2013 No. 33-3130, ordered the administration to allocate funding for medical examinations only for 2011-2012. The arguments given by the administration have been used to determine expenditures in the local budget since 2013.

Employees of educational organizations of all types and kinds, as well as children's organizations that do not conduct educational activities (sports clubs, creative, leisure children's organizations, etc.), are required to undergo annual mandatory medical examinations.

Which doctors pass before school

In addition to the general medical examination, you will also have to study the schedule of vaccinations given to the child. Usually, doctors in kindergartens carefully adhere to it, and children are vaccinated against rubella and measles, mumps, tetanus and diphtheria in a friendly formation, and they also receive "buttons" - Mantoux tests every year.

Good day, my beloved readers. Looking back, we can say with confidence that from the moment of birth, our children are not left without the close attention of doctors. And it is right. Medical commissions "year-old" and upon admission to Kindergarten, intermediate medical examinations are a "green light" for communication in a children's society.

Sanitary book

Today, a medical book is one of the main documents that you must have in order to be able to work in many companies. This is especially true for candidates for vacancies related to serving people, working with food, trade, serving children in relevant educational institutions and providing medical services. Therefore, if you wish to apply for similar work, you should know which doctors you need to go through for a medical book.

At the same time, the forms of sanitary books of the corresponding sample are not available for free sale, they can only be purchased at the Central Geological and Epidemiological Service or SES after undergoing hygienic training. When issuing a book, a photo of the owner is pasted, in addition, an identity document will be needed.
In the organization for issuing a sanitary book, a candidate is given a list of doctors for a medical book, from whom he needs to pass tests, including passing doctors.

Clinical examination of children What changes since 2018? Order number

The next full examination of specialists will be carried out not at 7 years old, but at 6 years old, then after 4 years at 10 years old. At the same time, at the age of 10, only a pediatrician, a neurologist, a pediatric dentist, a pediatric endocrinologist, an orthopedic traumatologist and an ophthalmologist will examine the child.

Order of the Ministry of Health N514n dated August 10, 2017 On the procedure for conducting preventive medical examinations of minors. This order was approved new order medical examination of children and comes into force on January 1, 2018. Accordingly, order N1346n “On the procedure for minors to undergo medical examinations. ” will be declared invalid.

Medical examination of teachers and other categories of workers: subtleties and nuances of registration

Medical examination for trade workers (before hiring and according to the plan), as well as the execution of a medical book, is paid from the employer's funds. If, after passing the medical examination, the employee has not concluded labor contract with the employer, the latter has no right to recover damages.

Differences for different categories of workers in the mandatory medical examination may consist in frequency and list of doctors. The result of the medical examination is entry into the medical / sanitary book marks on the suitability of a person and the correspondence of the state of health to the profession or position. In medical books, such a mark is stamp or seal of a medical institution along with an indication dates medical examination, the signature of the responsible officer for the quality of the examination and the issuance of a conclusion.

Mandatory medical examinations for employees of an educational institution

The activities of the Employer - an educational institution (EI) are financed by its founder, who for the state educational institution of Moscow - the subject of the Russian Federation, the city of Moscow, represented by its authorized body - the Department of Education of the City of Moscow.

Taking into account the above reasoning, other services can also be understood as the services of medical organizations for conducting mandatory preliminary and subsequent medical examinations of employees of an educational institution on the basis of agreements concluded with such organizations in relation to their employees.

The arbitrators pointed out that the cost of services for the mandatory medical examination of employees must be justified and calculated in accordance with the established requirements. Since a medical examination is necessary for teachers, we will clarify the nuances of its implementation.

Annual medical examination is required

In addition, for all categories of workers educational institutions a medical book is required (Article 34 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological well-being of the population”). Her absence is the basis for refusing to hire an educational institution until the violation is eliminated.

Employees of educational organizations of all types and kinds, as well as children's organizations that do not conduct educational activities (sports clubs, creative, leisure children's organizations, etc.), are required to undergo annual mandatory medical examinations.

This is determined by paragraph 18 of Appendix No. 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

The scope of medical examinations is as follows:

• examination by a dermatovenereologist, otorhinolaryngologist, dentist, infectious disease specialist;
• laboratory and functional studies of a person (chest x-ray, blood test for syphilis, smears for gonorrhea upon admission to work, examination for helminthiasis upon admission to work and in the future - at least once a year or according to epidemiological indications);
• identification of additional medical contraindications, namely diseases and bacteria carriers (typhoid, paratyphoid, salmonellosis, dysentery, helminthiases, syphilis in the contagious period, leprosy, contagious skin diseases: scabies, trichophytosis, microsporia, scab, actinomycosis with ulcerations or fistulas on exposed parts of the body , infectious and destructive forms of pulmonary tuberculosis, extrapulmonary tuberculosis with the presence of fistulas, bacteriuria, tuberculous lupus of the face and hands, as well as all forms of gonorrhea - only for medical and children's workers preschool institutions directly related to the care of children, for the duration of antibiotic treatment and the receipt of negative results of the first control, ozena).

Employer's obligations

In order to undergo a medical examination, the employer concludes an agreement with a medical organization that has the appropriate license and transfers to it a list of persons subject to mandatory medical examination. Then the medical institution draws up a calendar plan for passing medical examinations and coordinates it with the school management. At the same time, medical examinations for teachers and other school employees are free of charge.

It should be noted that from January 1, 2012, budgetary institutions spend funds on the basis of a plan of financial and economic activities municipal institution approved by the head of the institution.

In contrast to the budget estimate, the plan of financial and economic activity reflects operations not only with subsidies for the implementation of the municipal task planned from the municipal budget, but also with funds from income-generating activities. Budget institutions independently plan the direction of financial resources, regardless of the sources of income, including for medical examinations.

Difficult cases from practice

Funding problems

Thus, in comparison with the Law of the Russian Federation dated July 10, 1992 No. 3266-1 “On Education”, which has become invalid, the new Law does not contain provisions that medical examinations are carried out at the expense of the founder. And often the administrations of municipalities declare that the Federal Law of October 6, 2003 No. 131-FZ “On general principles organizations of local self-government in the Russian Federation" does not impose on them the obligation to organize medical examinations.

Therefore, on the basis of the above arguments, the Saratov Regional Court, by appellate ruling dated May 30, 2013 No. 33-3130, ordered the administration to allocate funding for medical examinations only for 2011-2012. The arguments given by the administration have been used to determine expenditures in the local budget since 2013.

Some regions have come up with the following way to reduce the cost of medical examinations. The main part of the volume of examinations and examinations is carried out at the expense of the program of state guarantees for the provision of free medical care. At the same time, the employer pays only for the work of medical institutions that is not included in this program.

There was a case when a dismissed employee demanded in court to compensate her for the costs of a medical examination.

However, the employer said that he did not send her for a medical examination. In violation of the requirements of Article 56 of the Code of Civil Procedure of the Russian Federation, the employee did not provide evidence that the employer ordered her to undergo a medical examination. On this basis, her claim was denied (appellate ruling of the Tyumen Regional Court dated September 12, 2012 No. 33-4106/2012).

Suspension from work is the responsibility of the employer

The Rostov Regional Court, in appeal ruling dated July 12, 2012 No. 33-8003, decided that the actions of the employer are legal and justified, since the suspension of an employee from work if he fails to undergo a mandatory medical examination is an obligation in accordance with Articles 76, 212 of the Labor Code of the Russian Federation employer.

Due to the fact that the employee did not undergo a medical examination through her own fault, the employer lawfully did not charge her wages during such suspension.

G. N302n, the rules for conducting annual medical examinations of school employees have been changed. In addition, medical examinations are carried out (with a huge list of doctors and laboratory tests). Please specify the list of doctors for periodic medical examinations and whether the teacher is required to undergo a medical examination.

According to Art. 213 of the Labor Code of the Russian Federation harmful and (or) dangerous factors of production and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by regulatory legal acts, approved in the manner established by the federal executive body authorized by the Government of the Russian Federation.
Appendix No. 2 to the order of the Ministry of Health and Social Development of the Russian Federation of 01.01.01 No. 000n and approved the "LIST OF WORKS IN THE PERFORMANCE OF WHICH MANDATORY PRELIMINARY AND PERIODIC MEDICAL EXAMINATIONS (EXAMINATIONS) OF WORKERS ARE CARRIED OUT". This list includes, among other things, works in educational organizations of all types and types, as well as children's organizations that do not carry out educational activities ( sport sections, creative, leisure children's organizations, etc.).
These works require medical examinations with a frequency of 1 time per year, with the participation of the following specialist doctors: dermatovenereologist, otorhinolaryngologist, dentist, infectious disease specialist.
During the medical examination, the following laboratory and functional studies are carried out: chest x-ray, blood test for syphilis, smears for gonorrhea upon admission to work, examination for helminthiasis upon admission to work and in the future - at least 1 time per year or according to epidemiological indications.
At the same time, notes 1-3 to the List note that during preliminary and periodic medical examinations, all examinees must undergo: clinical analysis blood (hemoglobin, color index, erythrocytes, platelets, leukocytes, leukocyte formula, ESR); clinical analysis of urine ( specific gravity, protein, sugar, sediment microscopy); electrocardiography; digital fluorography or radiography in 2 projections (direct and right lateral) of the lungs; biochemical screening: serum glucose, cholesterol. All women are examined by an obstetrician-gynecologist with a bacteriological (for flora) and cytological (for atypical cells) examination at least once a year; women over the age of 40 undergo mammography or ultrasound of the mammary glands once every 2 years.
The participation of specialists, the scope of the study, marked with an asterisk (*), is carried out on the recommendation of specialist doctors participating in preliminary and periodic medical examinations. In this case, it refers to the infectious disease specialist.
In addition, the participation of a general practitioner, psychiatrist and narcologist during the preliminary and periodic medical examination is mandatory for all categories of subjects!
Please note that Article 48 of the Federal Law "On Education in the Russian Federation" (enters into force on September 1, 2013), in addition to labor legislation, expressly prescribes that teachers are OBLIGED to undergo preliminary and periodic medical examinations upon admission to work, as well as extraordinary medical examinations in the direction of the employer.
As for medical examinations (additional medical examinations in addition to those listed above), the Procedure for conducting medical examinations for certain groups of the adult population was approved by order of the Ministry of Health of the Russian Federation dated 01.01.2001 No. 000n. In accordance with this Procedure, medical examination is carried out once every 3 years during the age periods provided for in Appendix No. 1 to this Procedure (from 21 to 99 years).
The list of examinations by specialist doctors (medical assistant or midwife), research and other medical activities carried out as part of the medical examination, depending on the age and gender of the citizen (the volume of medical examination) is also determined by the Procedure and consists of two stages of medical examination.
A citizen undergoes a medical examination in a medical organization in which he receives primary health care.
And now the main thing, According to clause 8 of the Procedure, medical examination is carried out with the informed voluntary consent of a citizen or his legal representative (in relation to a person recognized in the manner prescribed by law as legally incompetent, if such a person, due to his condition, is not able to give consent to medical intervention), given with compliance with the requirements established by Article 20 of the Federal Law of November 21, 2011 "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation".
A citizen has the right to refuse to conduct a medical examination in general or from certain types medical interventions included in the scope of clinical examination, in accordance with Article 20 of the Federal Law of 01.01.01 "On the fundamentals of protecting the health of citizens in the Russian Federation."

Tatiana Pogorelov a