Grounds for removal from work by the Labor Code of the Russian Federation. The employer does not allow you to work

If an employee violates the provisions labor legislation the employer applies sanctions against him. One of them is suspension from work. Art. 76 of the Labor Code of the Russian Federation establishes the grounds for applying this measure.

The list contained in the article is not exhaustive. In federal legislation, other legal documents Other cases may be established when the employer is obliged to remove an employee from performing his duties. Let us consider the features of the implementation of the provisions of Art. 76 of the Labor Code of the Russian Federation with expert comments.

General information

Suspension from work, the grounds for which are established by Part 1 of Art. 76 of the Labor Code of the Russian Federation, - temporary prohibition of an employee from performing labor responsibilities. This measure is applied at the initiative of the employer or at the order (demand) of employees and bodies authorized to do so by federal legislation and other industry standards.

Grounds

How to install Art. 76 Labor Code RF, the employer must remove the employee:

Appearing in a state of intoxication at the enterprise.
Has not undergone training and subsequent testing of skills and knowledge in the field of occupational safety (occupational safety and health) according to established rules.
Has not passed the mandatory medical examination.
Having contraindications for performing work.
If a person’s special right is suspended for a period of up to two months.
At the request of authorized bodies and employees.
In other cases established by law.

Rules

Part 2 of Article 76 of the Labor Code of the Russian Federation stipulates that the employer must remove the employee until the factors that were the basis for taking this measure are eliminated, unless otherwise established by the Code or other law.

During the period when the employee is not allowed to labor activity no salary is accrued to him. Exceptions may be provided for in federal legislation or the Labor Code.

If the reason for suspension was failure to complete training, testing of skills, knowledge, or medical examination through no fault of the employee, all time absent from work is paid to him as idle time.

Art. 76 of the Labor Code of the Russian Federation with comments 2015

The norm in question establishes the level of responsibility of the employee. Moreover, in part 1 of Art. 76 of the Labor Code of the Russian Federation states that its use is the responsibility of the employer.

Suspension is carried out until the reasons for which it was imposed on the employee are eliminated. For example, if a citizen appears drunk at an enterprise, then he is not allowed to work only for the day on which he was in this state.

Accordingly, it would be unlawful to suspend this employee in subsequent days, including, for example, before a decision is made to impose a disciplinary sanction on him.

The obligation enshrined in Art. 76 of the Labor Code of the Russian Federation, does not depend on the respectability or disrespectfulness of the reasons why a citizen did not undergo training, a medical examination or a knowledge test. In these cases, the citizen is removed under any circumstances.

State of intoxication

Art. 76 of the Labor Code of the Russian Federation is applied by the employer if a citizen appears at the enterprise drunk. Intoxication can be alcoholic, narcotic, or caused by other toxic substances.

This condition can be confirmed by a medical report or other evidence, for example, witness testimony. Witness testimony is documented in an act, which is drawn up with the participation of a representative from the trade union, if the suspended employee is a member of it.

Mandatory training and knowledge testing in occupational safety

The employee’s obligation to undergo instruction, training in safe techniques and work methods, internship and testing of skills and knowledge is enshrined in Article 214 of the Labor Code. The procedure for organizing these events was approved by Resolution of the Ministry of Education and the Ministry of Labor of 2003 No. 1/29.

If a citizen suspended from fulfilling his professional responsibilities, has undergone training and subsequent testing of knowledge/skills, he is immediately allowed to work.

Mandatory medical examination

For some workers, periodic medical examinations and psychiatric examinations are mandatory. For example, a medical examination is provided for employees of harmful, dangerous industries, and for teaching staff.

Based on the results of the examination, a conclusion is issued. If it contains contraindications to work activities, the employee will be suspended from work.

The rules for organizing and conducting medical examinations are approved by Orders of the Ministry of Health and Social Development.

Suspension of special rights

In Art. 76 of the Labor Code of the Russian Federation there is a clause stating that removal for the specified reason is carried out if the restriction for the employee is set for a period of up to 2 months.

A special right may be the right to drive a vehicle, a license to carry a weapon, and so on.

At the same time, in Art. 76 of the Labor Code of the Russian Federation states that suspension is applied if the restriction imposed on the employee makes it impossible for him to perform his duties, and it is also not possible to transfer him to another position with his written consent.

The employer in such cases must offer the employee all vacancies that are suitable for the employee. This may be a free position, professional activity corresponding to the qualifications of the person, subordinate or lower paid position. One of the main conditions for translation is the absence of contraindications for performing the work. The employer must offer all vacancies that he has in the area. He is obliged to offer work in other areas/regions if this is provided for in other agreements with the employee.

If the period of suspension of the right exceeds 2 months specified in Art. 76 of the Labor Code of the Russian Federation, or a citizen is generally deprived/does not have the corresponding must terminate the contract with him, in accordance with the provisions of paragraph 9 of paragraph 1 of part 83 of article of the Code.

Requirements of authorized bodies and employees for removal

The competent structures include primarily the federal labor inspection.

A requirement to not be allowed to work may be made against a citizen accused/suspected of a crime. Based on Article 114 of the Code of Criminal Procedure, if it is necessary to temporarily suspend a person from performing his labor duties, the employee conducting the proceedings, with the consent of the head of the investigative unit (for the investigator) or the prosecutor (for the investigator), initiates a petition for this before the court.

Within two days, the judge makes a decision granting or not granting the request. This document is sent to the place of implementation professional activity accused/suspect.

As established in Federal Law No. 52, state sanitary doctors and their deputies are empowered to temporarily suspend citizens who are carriers of infections and sources of the spread of pathologies due to the specifics of the work they perform.

In paragraph 4 of paragraph 69 of article Federal Law No. 208, it is established that if the formation of executive structures is carried out general meeting shareholders, the charter of an economic entity may establish the right supervisory board(board of directors) suspend the powers of the sole executive body(CEO, director). The corresponding decision serves as the basis for the application of Art. 76 Labor Code of the Russian Federation.

Nuance

Removal from the activities of the head of a joint stock company in accordance with the decision of the board of directors must be distinguished from the removal from the position of director of the debtor enterprise on the basis of the provisions of Federal Law No. 127 (Law on Bankruptcy). In the latter case, the measure taken acts as an independent additional basis for terminating the contract with the head of the company.

In accordance with paragraph 1 of Article 69 of Federal Law No. 127, the court removes the director of the debtor enterprise on the basis of a petition from the temporary manager.

Additionally

As established in Article 76, during the period of suspension a citizen does not receive a salary. Meanwhile, a number of federal regulations contain exceptions.

For example, Article 59 of Federal Law No. 79 provides that civil servants suspended from performing duties in connection with internal audit, earnings are retained for the duration of the suspension.

What is the difference between suspension from work and non-admission to work?

Removal of an employee from work represents a temporary, by decision of the employer, termination of the employee’s performance of the labor function provided for in the employment contract. The employer must make such a decision in the cases listed in Art. 49 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code). Thus, the employer is obliged to remove from work (not allow to work) an employee who appears in a state of alcohol, drug or toxic intoxication. Despite the fact that prohibition from work is discussed in Art. 49 of the Labor Code as a legal synonym for the concept of “suspension from work,” there are differences between them. “Does not allow to work” means that the employer, having noticed signs of intoxication, prohibits the employee from starting work activities that have not yet begun at the beginning of the working day (shift). “Removal from work” occurs already in the case when the employee began performing a labor function at the beginning of the working day (shift), and only if his condition changes during working hours or provided that the employee’s condition was not noticed before the start of his work. activity, the employer receives an order to stop work. Suspension from work is formalized by order (instruction). However, to draw it up, an appropriate basis is required, as well as confirmation that the employee is actually intoxicated.

At first glance, the difference between these administrative actions of the employer seems insignificant. But sometimes it becomes fundamental, since it is for allowing an employee to work under the influence of alcohol, drugs or toxic substances that officials of organizations can be brought to administrative, and in some cases, criminal liability. Thus, before making a decision on allowing drivers to work, the employer is required to conduct a pre-trip medical examination of vehicle drivers. If, as a result of the pre-trip medical examination, the state of alcohol intoxication is not established, the driver is allowed to drive vehicle. Suppose the driver “brought” himself into a state of alcoholic intoxication already on the line. In this case, the employer fulfilled his obligation to gain access to management motor vehicle a sober employee, and the sanctions provided for by the Code of the Republic of Belarus on administrative offenses. The decision to remove the driver from driving the vehicle in this case will be made by the traffic police officer.

For reference: if an employee is in working hours is in a state of alcohol, drug or toxic intoxication not at his workplace, but, say, on the territory of the organization, the employer is obliged to prevent the employee from working. If the employee begins to fulfill his labor functions in the workplace, then we are talking about removal.

To eliminate violations labor discipline, drunkenness, industrial injuries, safety regulations, Directive of the President of the Republic of Belarus dated March 11, 2004 No. 1 “On measures to strengthen public safety and discipline” (hereinafter referred to as Directive No. 1) was sent. For example, an employer can fire a shop manager because he did not remove workers who were intoxicated from work and did not report the incident to the head of the organization, therefore, concealing the fact that his subordinate workers violated labor discipline. In this case, the shop manager will be dismissed for failure to ensure proper labor discipline of subordinates, as well as concealment of facts of their violation of labor and performance discipline and failure to engage without good reasons guilty persons to liability established by law for such violations (subclause 2.10 clause 2 of the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 “On additional measures to improve labor relations, strengthening labor and performance discipline") (hereinafter referred to as Decree No. 29)

In addition, drinking alcoholic beverages, using narcotic or toxic drugs during working hours or at the place of work, failure to ensure proper labor discipline of subordinates, concealing the facts of their violation of labor and performance discipline, or failure to hold perpetrators accountable for such violations without good reason without good reason are additional. grounds for dismissal of workers, provided for in the approximate form of the contract between the employer and the employee, approved by Resolution of the Council of Ministers of the Republic of Belarus dated 02.08.1999 No. 1180 (hereinafter - Approximate form contract).

For information: in order to strengthen the responsibility of employers and employees for the state of labor and performance discipline, the contract may be terminated on additional grounds (for example, for failure to ensure proper labor discipline of subordinates, concealment of facts of their violation of labor and performance discipline, or failure to hold guilty persons accountable as established by law without good reason for such violations) (Decree No. 29, Directive No. 1, Directive of the President of the Republic of Belarus dated December 27, 2006 No. 2 “On measures for further de-bureaucratization of the state apparatus”, etc.) (clause 18 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus dated June 26, 2008 No. 4 “On the practice of courts considering labor disputes related to the contract form of hiring workers”).

For reference: Interesting fact. The Kirovsky District Court of the city of Yaroslavl issued a judgment decision in favor of the employee in the case of recovery of wages and compensation moral damage. The employee recovered from the employer wages for the period of downtime that arose due to the fact that the drunken foreman “could not issue production tasks to workers and control their execution”.

At the same time, we note that dismissal for appearing at work while intoxicated is one of the disciplinary measures (clause 3, part one, Article 198 of the Labor Code). Therefore, in accordance with Art. 198 of the Labor Code, the application of a penalty must be formalized by an order (instruction, resolution) of the employer.

As the basis for issuing an order, the details of the act, memorandum or other document recording the misconduct, the employee’s explanatory note or the act of refusal to provide explanations are indicated.

The dismissal of an employee for this violation is carried out under clause 7 of Art. 42 TK.

At the same time, paragraph 7 of Art. 42 of the Labor Code contains two grounds for dismissal related to intoxication:

Appearing at work under the influence of alcohol, drugs or toxic substances;

Drinking alcohol, using drugs or toxic substances during working hours or at the place of work.

Please note that terminating contracts with employees for drinking alcoholic beverages is not a right (unlike other measures disciplinary sanctions), but the responsibility of the employer (subclause 1.4 clause 1 of Directive No. 1). While the application of this type of penalty to an employee working under a regular employment contract (both fixed-term and concluded for an indefinite period), even if he appears at work in a state of alcoholic intoxication, is a right and not an obligation of the employer.

Dismissal for failure to ensure proper labor discipline of subordinates

The biggest difficulty when dismissing for failure to ensure proper labor discipline of subordinates arises when making an entry in work book employee about dismissal for additional reasons. Since it is not clear how legal it is to refer to Decree No. 29 when making an entry in the work book about dismissal.

And so, the basis for making entries in the work book about hiring, transfer to another permanent job, conclusion of a contract, dismissal, as well as awards and incentives is an order (instruction) of the employer. An entry that exactly matches the wording of the order (instruction) is made after its publication, but no later than a week, and in case of dismissal - on the day of dismissal (clause 15 of the Instructions on the procedure for maintaining work records of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 No. 30 (hereinafter referred to as Instruction No. 30)).

Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the Labor Code or a special legislative act (clause 27 of Instruction No. 30).

The definition of the concept of “legislative acts” is given in paragraph. 6 tbsp. 1 of the Law of the Republic of Belarus dated January 10, 2000 No. 361-Z “On regulatory legal acts of the Republic of Belarus" (hereinafter referred to as Law No. 361-Z). Thus, legislative acts are the Constitution of the Republic of Belarus, laws of the Republic of Belarus, decrees and decrees of the President of the Republic of Belarus.

We can conclude that in addition to the Labor Code, the employee’s work book may indicate the wording of the reason for dismissal contained in the Laws (for example, in the Law of the Republic of Belarus dated June 14, 2003 No. 204-Z “On public service in the Republic of Belarus"), Decrees and Decrees of the President of the Republic of Belarus (including Directives of the President of the Republic of Belarus).

Thus, Decree No. 29 is special legislative act regulating the contract form of employment and the dismissal of an employee working under a contract for violations listed in subparagraph. 2.10 clause 2 of Decree No. 29, the employer in the order to dismiss the employee and the work book can refer to subparagraph. 2.10 clause 2 of Decree No. 29 and indicate the wording of the reason for dismissal, for example, for failure to ensure proper labor discipline of subordinates, as well as concealment of facts of violation of labor and performance discipline by them, or failure to hold perpetrators accountable for such violations without good reason.

Natalya Shcherbakova, lawyer

During the performance of labor functions, various situations arise that require legal assessment and resolution. In a number of situations without help qualified specialists there's simply no way around it. One example would be a situation in which an employer does not allow an employee to begin work after completing the assignment provided to him. maternity leave. The employer may justify its refusal by staffing levels.

Situations of this type are quite common in real life. An employee who intends to start work and receive remuneration for it is faced with the employer’s refusal not only to provide workplace and pay wages, but also with an illegal refusal to continue the employment relationship, requiring the employee to submit a letter of resignation. In some cases, the inability to start work may be based on the inattention of the employee himself, who, for example, lost his pass.

Reasons why an employer may not allow an employee to perform work

Illegal actions of an employer related to preventing an employee from working can be justified on a number of internal grounds. Thus, the employer may have intentions to create an artificial situation that simulates absenteeism of the worker. The latter’s lack of evidence indicating attempts to start work at his workplace may be regarded as absenteeism if such absence lasts more than 4 hours. Such absence becomes a legislative justification for dismissal “under the article”.

What actions can be taken against an employer who does not allow work

Recording the fact of non-admission of an employee, carried out by himself with the involvement of third parties, is the first and most important action in the fight against a negligent employer. As a rule, it is quite difficult to carry out such recording, which is primarily justified by the difficulty of attracting witnesses. The employee’s confidence in the witness must be complete, because it is this person who will have to confirm what is happening during the trial. The inability to attract witnesses is a fairly common fact. In this case, do not forget about the possibility of recording conversations on a voice recorder with the person who is refusing permission to work. In addition to audio recording, attempts can be made to video record what is happening.

An important and mandatory action for an employee is to notify the employer about the incident. The reason for the need to carry out such actions is the fact that, as a rule, security guards or the immediate supervisor do not allow them to work, and most enterprises are characterized by the presence of a director who may not have information about the illegal actions committed. The exception is cases of employment with individual entrepreneurs.

This fixation can be accomplished using several methods. The first method is to deliver the corresponding letter to the secretary or other employee responsible for receiving correspondence. The second copy of the letter submitted by the employee must contain a note indicating its acceptance. The second method is to send a telegram, notification of delivery of which will be received by the employee. A letter of non-admission can be sent by mail, by submitting a letter of notification. Such a letter must contain a description of the attachment. The last option is to call your manager. When communicating with the director or immediate supervisor, it is worth clarifying the reasons why permission to work was terminated. The lack of the ability to audio record a call will not be a hindrance, because modern means telephone communication allow you to detail calls. Such a call will be indirect evidence of the employee’s attempt to resolve the issue of access to work. Lack of attempts may be regarded as absenteeism, which will result in dismissal.

The written notice should include a full description of the current situation, including personalization of the employee, i.e. information about his last name, first name and patronymic, as well as his position. The statement should reflect precise information about what attempts were made to resolve the dispute. The written request must contain a request to communicate the motivated reasons for not being allowed to work, as well as to determine the date and time of the opportunity to start work.

Consequences for the employer associated with illegally depriving an employee of the opportunity to perform his labor functions

This issue is resolved at the legislative level. Yes, Art. 234 of the Labor Code obliges the employer to compensate the employed person for the earnings he did not receive. Such an obligation arises in any of the cases related to the illegal deprivation or restriction of the rights of an employee. The obligation to provide financial compensation occurs if the employee is illegally removed from work or the employer fails to timely fulfill the obligations established by the decision government agency related to the reinstatement of the employee at the place of previous employment.

Provisions of Art. 139 of the Labor Code establishes a rule according to which compensation payments are made by the employer in the amount of average earnings. An employee will be able to receive such payments only if the employer’s guilt is proven. In cases where the employee’s failure to perform labor functions is associated with downtime, compensation is provided by the employer in the amount of 2/3 of the amount average salary, which must be paid to the employee, as defined by Art. 157 TK.

The current situation can develop in two ways. The most favorable is considered to be the employer's recognition of the current situation as a misunderstanding. In this case, access to work will be restored. Otherwise, the employer will prevent the employee from entering. The employee should try again to go to work. Each such attempt must be recorded and the employer must be informed.

Which bodies accept employee complaints related to non-admission to work?

The employee has the opportunity to file a complaint with the prosecutor's office or the federal labor inspectorate. It is impossible to talk about the effectiveness of such treatment, because the problem is resolved in each case individually.

Continued obstruction by the employer

If the employer’s actions to prevent the employee from accessing work continue, the employed person should expect dismissal due to absenteeism. Disagreement with such actions is grounds for appeal. illegal dismissal and reinstatement at work.

Illegal actions that prevent an employee from accessing work can be appealed by the employees themselves in court. Along with the claim for reinstatement of access, the court is obliged to recover financial compensation due to the employee in connection with the groundless denial of access to work. The amount of compensation will be equal to the average earnings of the employed person.

Obstacle from the employer to an employee returning from maternity leave

An employee planning to return from maternity leave can notify the employer in advance about a specific date for continuing work. Such notice must be officially received by the employer. In the event that another employee is found at the workplace on the date of return to work, or the employer does not allow the employee to work, it is worth using the action plan presented above.

An employee being on maternity leave may become a reason for the employer to hire a new temporary employee. Based on the provisions of Art. 59 TC validity period employment contract with such an employee is limited to the period of maternity leave. Termination of this employment contract occurs on the day the employee who was permanently employed in the position leaves.

Important legal provisions

The employer's obligation to provide the employee with work is determined by Art. 22 Labor Code of the Russian Federation. The absence of necessary work becomes a reason for registering downtime, the time of which is compensated by the employer if it does not arise through the fault of the employee.

Unfortunately, not all employees, upon arriving at the enterprise, are ready to perform their duties, and there can be many reasons for this: from a banal health disorder to alcohol intoxication.

In such a situation, the employer has every right to remove them from work until the circumstances are clarified and a final decision is made, or until the reasons that impede work are eliminated.

Regulations under the Labor Code of the Russian Federation

In accordance with the provisions of the law, namely Art. 76 of the Labor Code of the Russian Federation, the head of an enterprise or the head of a department has every right not to allow an employee to perform direct duties if there is reason to believe that for some reason he will not cope with the assigned tasks, or circumstances have arisen that have become an obstacle to access to the worker place.

In particular, an employee may be suspended in the following situations:

appearing at the enterprise during working hours in a state of intoxication, both alcoholic and narcotic;
those who have not passed a mandatory medical examination in accordance with the established rules specified in local acts or federal legislation;
refusal or failure to complete training in occupational health and safety regulations;
for medical reasons with an established ban on performing certain types of work or workload;
suspension or cancellation of a license to perform certain types of work;
if prescribed authorized persons on the removal of an employee from performing duties.

If a worker is removed from work, no payment is made, because he does not fulfill his duties. In exceptional cases, he may be retained average earnings, but only if there is evidence that the cause was the enterprise itself.

The procedure for this action according to the Labor Code of the Russian Federation is discussed in the following video:

Nuances of the grounds

Despite the fact that in Art. 76 of the Labor Code provides a fairly complete list of reasons for dismissal; some employers do not always understand in what cases they can be applied, because life circumstances are different, and it is not always clear how they are consistent with legislative norms:

For example, dismiss an employee showing up at the company drunk, is possible only if this happened during his shift, and not after the end of the working day. Also, this basis can only be applied if the state of intoxication can be documented. That is, at a minimum, you need to draw up an act identifying the fact of improper behavior with the signatures of several witnesses, write a referral to medical institution for examination and receive a written explanation from the citizen himself.
In the absence of the specified documents, the dismissal will be illegal, and the employee will be able to challenge it, as well as prove a violation of his rights to work and receive earnings.
There are nuances and when passing medical examination . The fact is that, on the basis of Art. 213 of the Labor Code of the Russian Federation, employees are required to undergo periodic examinations not on their own initiative, but on the basis of a pre-drawn schedule approved by order of the enterprise, and also only after concluding an agreement between the organization and the medical institution.
In the absence of the specified documents, the worker may refuse to undergo an inspection, especially if he is required to undergo this procedure at the expense of own funds or on your legal day off. After all, on the basis of the same Art. 213 of the Labor Code is paid by the enterprise, and during the time spent in the clinic, the employee retains his average earnings (Article 185 of the Labor Code of the Russian Federation). Although, if an order has been issued and the employee does not comply with its norms, the removal will be completely legal.
There are nuances and in case of failure to complete occupational safety training. The fact is that each enterprise must have a package of documents regulating the procedure for creating a commission for testing this knowledge; regulations and evaluation criteria must be developed in accordance with the norms of Art. 212 Labor Code of the Russian Federation.
It will not be possible to simply accuse an employee of violating safety rules or lacking relevant knowledge; written confirmation is required for this. That is, the same training schedule, responsible persons authorized by the order, inspection protocol, assigned and justified assessments, without which removal on this basis will be illegal.
There are special features when removing due to medical reasons. The fact is that if there is a medical report with recommendations to reduce the workload or change work duties, the employer must first of all be guided by the norms of Art. 73 of the Labor Code of the Russian Federation, which stipulates the procedure for transferring an employee to another position for a period of up to 4 months.
If the enterprise does not have a position that would correspond to the recommendations given in the conclusion, or the employee does not agree to a temporary transfer, he can be suspended from work for up to 4 months or until he becomes disabled in the manner prescribed by law.
There are some difficulties and upon suspension or expiration of the license or other documents. The fact is that this rule, as a rule, applies to drivers who are deprived of their rights due to violation of the law, as a result of which they can no longer fulfill their duties. But permits for certain types of activities are also provided in other cases. For example, to work as a security guard with the right to carry weapons, you need a license, which can be suspended due to violation of the rules for storing personal weapons or when an administrative penalty is imposed (Article 26 of Federal Law No. 150). There is also a special patent for workers in the medical industry, which has a validity period and must be periodically confirmed (clause 46 of Federal Law No. 99).
Employers need to remember that in some cases it is not the employee who is responsible for obtaining or renewing a license, but the enterprise, because on the basis of Art. 196 of the Labor Code of the Russian Federation, it is the management of the organization that must check the qualifications of the employee and send him for training, especially in cases where such norms are regulated by law.
There may be nuances and upon receipt of an order from authorized persons. As a rule, such a document is received during an inspection by the Labor Inspectorate of the legality of the actions of employees of the personnel department or accounting department, or when an infectious disease is detected in an employee whose duties are related to serving the population.
In such a situation, the employer has no choice and is obliged to remove the worker until all the circumstances that led to such a situation are identified, or until a final decision is made regarding the duration of the sanctions applied. In the situation described above, the employee may be dismissed on the basis of the provisions of Art. 81 Labor Code of the Russian Federation.

Nuances when removing a foreigner

It has its own characteristics and procedure for removing from work a foreign citizen who can carry out labor activities on the territory of the Russian Federation only if he has a certain package of documents that have their own validity period.

In particular, this procedure is stipulated in Art. 327.5 of the Labor Code of the Russian Federation, which states that a foreign worker can be suspended in the following cases:

suspension or expiration of the enterprise’s permission to use foreign labor;
expiration of the patent;
expiration of the validity period for a temporary stay or residence permit in the Russian Federation;
expiration of the medical insurance policy.

The procedure for this action

It should be noted that removal from work is a temporary measure and in most cases does not lead to automatic dismissal, but on the contrary, it serves rather as a kind of dismissal. After all, the lack of earnings due to one’s own negligent attitude towards the norms of local regulations of the enterprise becomes a more instructive lesson than an order to issue a reprimand.

Procedure for removal is not currently regulated at the legislative level Therefore, in each organization this procedure is carried out on the basis of the norms specified in local acts, or on the basis of administrative documents, which are orders and orders with reference to documentary evidence of the reasons for excommunication from activities.

The procedure largely depends on the reason for not being allowed to perform duties, which must be documented in writing.

That is, initially, when a fact is revealed, for example, failure to undergo a medical examination or lack of an appropriate level of knowledge on labor protection, it is drawn up in the name of the head of the enterprise with a description of the current situation. All documents confirming the fact of violation are attached to the note, and based on the results of studying all the documentation, a decision is made, which is enshrined in the order to remove the employee, indicating the period of such sanctions.

Responsibility for violation of order

If an employee is suspended without documented grounds, such actions are considered unfounded and may result in administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. It provides for penalties in the form of fines up to 50 thousand rubles or disqualification and a ban on employment a certain type activities.

Also, the enterprise will be obliged to pay compensation to the employee for deprivation of the right to work and receive earnings on the basis of Art. 234 of the Labor Code of the Russian Federation in the amount of the average salary for all days of illegal removal from work duties. That is why, when issuing such an order, management should consider how the grounds for removal meet the legal requirements.

The removal of an employee from work is regulated by Art. Labor Code of the Russian Federation and is carried out according to the following grounds (reasons):

appearing at work in a state of alcohol, drug or other toxic intoxication;
failure to pass in in the prescribed manner mandatory medical examination;
failure to undergo training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;
suspension (deprivation) of a special right for a period of up to two months;
dismissal of an employee if identified in accordance with a medical report issued in the manner established federal laws and other regulatory legal acts of the Russian Federation, contraindications for an employee to perform work stipulated by an employment contract;
requirement of bodies or officials;
other cases provided for by federal laws and other regulations of the Russian Federation.

By general rule the employee is temporarily suspended from work (not allowed to work) until until the circumstance (reason) that led to his removal disappears (). There may be cases when permission to work will depend not on the elimination of the circumstances that led to the removal, but on other factors.

Procedure for registering an employee's removal from work

Order and documentation suspension depends on the reason why the employee is being suspended from work. In order to find out the exact procedure for registration, select and go to the appropriate procedure page.

General procedure for completing the procedure for removing an employee next:

draw up document(s) - the basis(s) for removal. These may be acts recording the act (for example, showing up at work while intoxicated, refusing to undergo a medical examination, etc.), a report, explanatory note, decisions of bodies or officials;
Based on the completed documents, an order for dismissal from work is drawn up;
After eliminating the reasons for the suspension, an order for permission to work is issued.

If an employee refuses to sign a particular document, then a statement of refusal is drawn up and reviewed.

When temporarily suspended and allowed to work, an entry is not made in the employee’s work book and the employee’s personal card. The period for which the employee was suspended from work is not included in the length of service, required to grant leave ().

Liability for illegal removal

For unjustified removal employee, the employer is held liable:

administrative according to Art. 5.27 Code of Administrative Offenses of the Russian Federation:
for officials - a fine, and for a repeated similar violation - disqualification;
For legal entity- fine or administrative suspension of activities.
material according to, namely:
payment of earnings not received by the employee during the period of illegal suspension.