The temporary removal of the post may be required by the employer after identifying any violation by the employee. In addition, this procedure acts as a punitive measure for various officials who violate the requirements of the law during work. The process should be carried out in the correct sequence of actions and with the obligatory completion of certain documentation.
Suspension as a measure of procedural coercion
Suspension may be a special measure of procedural coercion. It can be applied to employees of various organizations or even public servants. In this case, the procedure has the following features:
- this measure is applied in criminal and administrative proceedings;
- it is a repressive method of coercion;
- its use requires not only a decision made by the investigator or investigator, but also a court decision;
- removal from office of generals or governors may be carried out on the basis of a decision taken by the President;
- this process consists in the fact that a person can no longer cope with his labor duties, therefore he loses his earnings;
- compensation is a special allowance offered by the state and equal to the subsistence level established in a particular region;
- this allowance is paid every month until the restriction is lifted.
Such a measure is applied only to people who hold high positions. This is due to the fact that during the implementation of their labor duties they have the opportunity to abuse power. For example, there is never the removal of a cashier or just an ordinary seller. Therefore, this coercive measure applies only to people with a certain power. For example, in history there are cases of removal of the President from office by other persons or the whole people.
Features in labor relations
Removal from a post is possible not only within the framework of any criminal process. In this case, the direct owner of the company decides to dismiss any hired specialist.
Often, this process does not lead to any negative consequences for the employee.
Reasons for the removal of workers in labor relations
Grounds for removal from office may be presented in the following forms:
- the head of the company is deprived of his authority in the framework of the bankruptcy process when a temporary manager is appointed to manage the organization;
- an employee who can no longer cope with his duties due to his health condition is initially removed from his post, and then transferred to a new place of work;
- the procedure is used for employees who come to the workplace while intoxicated, which may be alcoholic or narcotic;
- specialists who do not have the necessary knowledge in the field of labor protection are not allowed to work;
- in some situations, employees who for various reasons refused to undergo a physical or psychological examination are suspended from work;
- specialists who lose the right to perform any specific type of labor are suspended from work.
In some situations, even if there is no need to cope with their labor duties, the citizen retains his average earnings, since the corresponding decision is made by the head of the organization.
If the removal from the post is due to the fault of the direct hired specialist, then he loses not only the right to work, but also his official earnings.
Features of the process according to Art. 114 Code of Criminal Procedure
Most often, removal from office is carried out as part of the conduct of a criminal case. In this case, the process is initiated by government officials. The main purpose of the procedure is to terminate the work of a specialist who is abusing his authority in violation of the requirements of the law.
Basic information about how the defendant is removed from office is contained in Art. 114 Code of Criminal Procedure. The process may even be carried out as part of a preliminary investigation of a criminal case. An application may be submitted by an inquiry officer or investigator. To do this, you will first have to obtain permission from the head of the organization, if he is not the accused, and the consent of the prosecutor is also necessary.
The judge decides on the removal of the head from office within two days. If this decision is positive, then the relevant decision is sent to the company where the suspect works. This document can be canceled not only by the judge, but even by the investigator, if the need for this measure disappears at a certain point in time.
If the removal of any official of the subject of Russia is required, then this person must be really charged with a serious crime. Previously, the Prosecutor General of the Russian Federation will have to send a special letter to the president. It is he who makes the final decision within two days.
How is the procedure drawn up?
If the process is implemented within the framework of a criminal case, then the procedure for temporary removal from office consists in the following actions:
- initially, the investigator is convinced of the need to apply this measure, which will allow to stop further violation by any official;
- he draws up a special application, which is submitted to the court;
- within two days the judge makes a decision;
- if it is positive, then a special resolution is formed on the basis of which a particular official is temporarily suspended from the exercise of his official duties;
- this document is sent to the organization where the suspect works;
- The documentation is handed over to the head of the enterprise, who then must carry out the order;
- as directed by the director, the person must immediately leave his workplace, after which he goes home.
During the course of this measure, a person can receive benefits from the state, as he will not be able to rely on wages from the employer.
Conditions of use
The procedure for removal from office under the Criminal Code should be implemented taking into account some important conditions. These include:
- this measure is applied only if there are good reasons, for example, if the investigator is sure that the official will use various methods to impede the investigation, or will influence witnesses under subordination;
- often the purpose of applying removal is to prevent a situation where the accused will be able to destroy important documents that are proof of his guilt;
- for the court to make a positive decision, the interrogating officer must have evidence that the particular official is really guilty of certain illegal actions;
- it is allowed to carry out the process even in relation to law enforcement officials, but for this it is necessary to follow the requirements that are given in the Order of the Ministry of Internal Affairs No. 630.
Law enforcement specialists are suspended from their work if they come to the service while intoxicated or if the time period within which they are allowed to information that is a state secret expires.
What documents are passed to the judge?
The interrogator must prepare a lot of documents so that the judge makes a positive decision on his request. With the help of such documentation, he will be able to prove that there is indeed an urgent need to implement this measure. These documents include:
- a direct application where the investigator requests the removal of an official who is suspected or accused of a certain serious crime;
- a document that confirms that a criminal case was initiated in the criminal process;
- papers proving that a particular official has received the status of a suspect in a crime;
- procedural documents that serve as the basis for the use of the above measures.
Documentation is considered by a judge, and sometimes it is carried out as part of a court session. An accused may be involved in this meeting.
Features of the decision
If a judge decides to remove a specific person from office, then a decision is drawn up. This document provides information on the reason for using the measure.
A decision is made in five copies, as one document is sent to the accused, another is filed with the case file, and the third remains with the judge. Additionally, one decision is handed to the prosecutor, who oversees the investigation process. The head of the enterprise where the accused works must receive the latest copy.
What rights does a citizen have?
If a person was temporarily suspended from the implementation of his labor duties, he still retains certain rights. They are as follows:
- the accused has the right to free movement and communication with relatives, friends or colleagues;
- he receives a monthly allowance equal to the minimum wage, since during the entire period of suspension he will not be paid an official salary;
- the personal income tax is not withheld from the received benefit, and by court decision, the payment may increase significantly, for which the average citizen's earnings at the place of work are taken into account;
- if a law enforcement officer is removed from his post, he shall give his service weapon and certificate.
But at the same time, a citizen cannot visit a place of work or gain access to official documentation. The procedure of removal is not an analogue of dismissal, so if a citizen is not found guilty in any case, then he returns to the exercise of his official duties.
If a person cannot provide materially for his family with the help of the benefit received, then he has the right to go into business or find a part-time job.
When is canceled?
Suspension is canceled if suspicion is removed from a particular official. After that, he is reinstated in his post, so he can work in the organization, getting the same salary.
Additionally, this measure is not necessary if a conviction is issued against a given citizen. After that, the punishment is selected depending on the committed violation or crime. A citizen will be dismissed from his previous job, and he does not have the opportunity to take this position in the future.
Conclusion
Temporary removal from office is possible within the framework of labor relations or criminal proceedings.In each case, there must be good reason for applying this coercive measure.
A person who has been suspended from work has certain rights, but he cannot go to his former place of work. The above measure is canceled only after removal of suspicion or conviction.