Reasons, procedure for suspension from work. Suspension from work for medical reasons

In various companies and enterprises periodically such situations occur when the employer needs to remove a particular employee from his duties. On the other hand, management is not always lawful in such circumstances. Therefore, this issue needs to be considered in more detail and to understand how both sides should behave.

Suspension from work

This process can be described as a ban on the performance of labor duties by a specific employee due to certain circumstances. It is worth noting that the use of such a measure as a disciplinary sanction is not legal.

Such an instrument of influence is rarely recorded, since it is easier to write a fine than to launch this mechanism, in which the personnel department employee should take the most direct part.

What are the types of suspension

In fact, two main directions of such measures of influence can be distinguished: an order to remove from work for a limited period of time (until the factor that provoked such a reaction of the leadership is eliminated) and for the entire period of employment.

As you can see, the scheme is painfully simple. Various reasons can influence the termination of an employee’s activities, and the specific number of days during which work will be unavailable depends on them.

In other words, until the problem or reason due to which removal from work has taken place has not been resolved, the employee will not be able to return to his duties. An example is a criminal case or infection of an employee.

Reasons for suspension from work

If we pay attention to article 76 of the Labor Code of the Russian Federation, we can determine the following reasons, which are sufficient grounds for such actions:

• the employee was not able to undergo training and subsequent testing of knowledge on labor protection;
• lack of necessary medical examination results;
• a fixed state of intoxication due to exposure to alcohol, toxic or narcotic drugs;
• at the request of officials or authorized state bodies;
• medical contraindication;
• in case if employee rights or a special permit was suspended (court, labor inspectorate, etc.);
• Other cases are possible that are not fixed in the current legislation.

Design Features

Regardless of whether a job is removed from the initiative of the employer or if there are other reasons, the rules of a particular organization almost always influence the process itself. However, there are areas in which this procedure is significantly simplified. We are talking about the food, transport industry, as well as organizations related to catering.

It is important to understand that any circumstance that results in permanent or temporary suspension from work should be recorded on paper. The document itself takes the form of an act or memorandum addressed to the head. It must be signed by both the drafter and the witnesses.

Having studied the general rules regarding this issue, you can see that the suspension must be in the form of an order or order. However, there is no unified form developed for such cases. This document is signed by the head of the organization.

More about the medical report

The result of the examination by qualified doctors can become the basis for the suspension of the activities of a particular employee. If you delve a little deeper into this topic, you can distinguish the following reasons, the consequence of which may be the suspension from work for medical reasons:

• if after the examination contraindications were recorded for the performance of a specific type of work according to the content of the employment contract;
• when the compulsory physical examination has not been successfully passed, as well as a psychiatric examination in those cases provided for by regulatory legal acts and federal laws;
• in the case of obtaining a certificate establishing the fact of disability (with an indication of a specific group) or the degree of restriction of the ability to carry out labor activities;
• suspension from work for medical reasons is possible with the participation of an employee in the rehabilitation program, due to disability after an accident at work;
• conclusion issued by the doctor of the antenatal clinic.

What must be indicated in the order

When such a document is drawn up, it is necessary to record the following information in it:

• The period during which the suspension will apply, if it is possible to determine it. This position of the employee can be tied to the need to perform a certain action, after which he will again be able to begin his duties (physical examination, for example).
• The circumstances that caused the suspension.
• If the situation requires it, it is worth indicating who exactly will perform the duties of the removed employee until the moment when his question is resolved.

If it happened that the removal of an employee from work must be carried out as soon as possible (in case of intoxication, for example), you can use a simplified system.

Its essence boils down to the following: the medical worker takes the initiative regarding the termination of work by a specific employee and presents the inspection data as the basis for his decision. The removal from work on the initiative of the employer (meaning the direct participation of management) can also significantly speed up the process.

Nevertheless, even a simplified scheme does not deprive the need to write an order or order. This feature is due to the fact that such a measure as removal is inevitably associated with the termination of payroll.

The order of suspension from work implies an indication of the term of suspension. It must be displayed in the order. In some cases, the determination of the boundaries of the period in case of a temporary cessation of activity is not mandatory. For example, in the case of the need for a medical examination, the dates will be unnecessary. After all, if an employee has time to undergo this inspection before the indicated deadline, then the employer will have to issue a new order with new data, which cannot be defined as a practical and convenient scheme.

When remuneration is not suspended upon suspension

It is important to understand that there are reasons for the cessation of employment that imply the preservation of the salary or its partial accrual.

For example, removal from work is not a consequence of the employee’s fault, the latter can count on the fact that he will receive 2/3 of his earnings. An example is the temporary transfer of an employee.

This information is also relevant for pregnant women. She can be removed due to the need to transfer to a more sparing job based on appropriate medical conditions. In this case, the average wage at the previous place of work will be preserved. She also has the opportunity to be exempted from the activity while maintaining the average salary in the event that a suitable new place was not found.

What actions can be considered illegal

There is always a risk that unscrupulous employer may try to use suspension from work, without having appropriate grounds for it.

So, labor law recognizes certain actions related to the aforementioned process as not corresponding to the legislation. In this case, everything is very simple - illegal removal from work is considered such if:

1. as a reason for the termination of the employee’s activity, a reason is used that does not provide for TC;
2. even if the basis is lawful, the decision to suspend cannot be considered correct if there is not enough evidence to support the need for such measures.

Thus, illegal removal from work can be prevented if you dig deeper into the Labor Code.

Additional documentation

The reasons for the termination of the activities of a particular employee may be different, but he should always know about them. For this reason, the order for suspension from work (the sample can be easily downloaded online) is accompanied by a notice, which is necessary to familiarize the employee with the decision.

The employee must read the notice and sign it. In the event that he refuses to put his signature, the contents of the document are read to him, after which they draw up an act.

The employee, having learned that a suspension has been applied to him, has the right to demand a written explanation. It may be needed if you have to argue.

With regard to legal consequences, the termination of a particular employee may have several results: transfer to another place of work, admission to the labor process and, in fact, dismissal.

Each of these verdicts must be accompanied by an order and documentation, which will confirm the objectivity and legality of the decision of the enterprise management.

How to disagree with a management decision

Do not exclude such a situation when an employee negatively reacts to the initiative of the authorities regarding the removal. In this case, he has the right to challenge the decision by going to court.

The law allows the following requirements to be presented to the employer:

1. invalidation of the order that was read to him;
2. if the result of the suspension of activity is the dismissal, the employee may insist on recovery;
3. recovery of amounts for simple, lost earnings or average income that was lost through the fault of the owners of the company;
4. compensation for the cost of protection services, as well as compensation for non-pecuniary damage;
5. in the event of dismissal, a change in the entry left in the work book.

If we study the experience of litigation when the injured worker acted as the plaintiff, then we can conclude that in the case of a mistake made by the management, the chances of a successful outcome of the case can be quite high.

Conclusion

In some cases, employers can either make mistakes or intentionally act illegally. For this reason, you should always carefully study the order for suspension from work. A sample document is easy to find on the net. This will provide an idea of ​​how it should be framed. If the order was drawn up without legal grounds or was not accompanied by the necessary documentation (notice), then the employee has every reason to protect his rights.