If you do not pass the medical examination. How to remove from work an employee who has not passed a medical examination? What payments will the suspended employee receive?

The employer has an obligation to organize medical examinations for a number of categories of workers (part 2 of article 212 of the Labor Code of the Russian Federation). Employees are required to undergo these examinations if they are included in the appropriate list. The basis is article 214 of the Labor Code of the Russian Federation. For example, drivers must pass mandatory inspections. The safety of passengers depends on the results of their examination.

What to do if an employee refuses to be examined

The list of employees who must undergo a mandatory examination is regulated by Article 213 of the Labor Code of the Russian Federation. If an employee who has the appropriate obligations refuses to undergo the procedure, he is suspended from work on the basis of Article 76 of the Labor Code of the Russian Federation.

Suspension is not dismissal. This is the termination of the employee's activities until the moment of inspection. Provides documentation.

Documentary support

The Labor Code does not indicate what papers are needed when removing an employee. From the provisions of Article 76 of the Labor Code of the Russian Federation, we can conclude that it is enough to do these actions:

Registration of a document that confirms the refusal of the procedure.
Drawing up an order.

Consider all the nuances of compiling these documents.

Refusal confirmation

These papers can confirm the fact that the specialist did not pass the examination:

Explanatory note of a specialist.
Refusal of the employee from the procedure.
Sick leave, if the specialist was ill during a mandatory event.
An act of refusal issued by the employer.

Compilation of these documents is mandatory. If an employee goes to court to challenge his suspension, the employer may provide evidence of his decision.

Suspension order

Suspension from work is carried out on the basis of an order. The form of this document is not specified in the law. That is, the company can develop it. The developed form should be reflected in the accounting policy. The order contains this information:

Name and position of the employee.
The reason for the suspension (Part 1 of Article 76 of the Labor Code of the Russian Federation).
Suspension period. The employer is not recommended to indicate the date, as he cannot know when the barrier to work will be removed. It should be stated that the decision on suspension will be withdrawn after the procedure has been completed.
The presence of the fault of the employee in what happened.
Payments during suspension.
List of papers confirming the refusal.

The specialist must be familiarized with the order. If the employee refuses to put his signature, it is necessary to draw up an act of refusal.

NOTE! If the employee is at fault for not completing the procedure, he or she may be subject to disciplinary action on the basis of paragraph 35 of the Decree of the Plenum of the Supreme Court No. 2 of March 17, 2004.

Written explanation

If the specialist evades the procedure, the employer must ask him explanatory note. The employee is given 2 days to provide explanations. If two days have passed, but the employee has not provided a written explanation, an act of refusal must be drawn up. Its registration is regulated by article 193 of the Labor Code of the Russian Federation.

Time sheet

The time sheet is compiled according to the forms and T-13. The document must reflect the period actually worked out by the specialist before the date of issue of the order. The period of suspension is fixed by means of a code: NB or 35. This code denotes removal from office on legal grounds.

Additional documents

The suspension of work need not be recorded in work book. Such instructions are not contained in Decree No. 225 of April 16, 2003 and Decree of the Ministry of Labor No. 69 of October 10, 2003.

It is also not necessary to make notes in a personal card. There is no indication of this in the Decree of the State Statistics Committee No. 1 of January 5, 2004. However, information about the suspension will be needed when determining the length of service. The latter is required to make a decision on the provision annual leave. Therefore, it is recommended to enter information in section 10 of the personal card. In particular, it is necessary to indicate the reason for the suspension of work, the presence of the employee's fault.

What payments will the suspended employee receive?

The period of non-admission to work does not imply any payments. But there are some exceptions stipulated by part 3 of article 76 of the Labor Code of the Russian Federation. For example, if the employee is not at fault for what happened, the suspension period can be considered downtime. Its payment is regulated by article 157 of the Labor Code of the Russian Federation. Consider the amount of payments during periods of downtime:

At least 2/3 of average salary if the fault of the employer is present.
Not less than 2/3 of the salary, if the medical examination does not pass due to circumstances beyond the control of the employer.

What is meant by the absence of guilt? This is an employee’s illness, confirmed by a disability certificate, the employer’s inability to organize a medical examination.

Recovery at work

The suspension period ends when the employee undergoes a medical examination (the basis is part 2 of article 76 of the Labor Code of the Russian Federation). The event must be confirmed. For this, a conclusion is made. It must be issued by a medical institution. Renewal of admission to work is carried out on the basis of an order. Its form has not been established. It must be developed by the company itself.

The order contains the following information:

Name of the employee and position.
Reopening date.
Reason for the suspension.
Instructing the accounting department to resume payroll.
Details of the conclusion of the inspection.

The employee must be familiarized with the document against signature. The signature confirms that the employee agrees to be reinstated. This is an acknowledgment of mutual agreement regarding the end date of the suspension.

Information about the restoration is not required to be entered in the work book and personal card. If information is entered into personal card, they must be recorded in section 10 of the T-2 form.

Can an employee be fired for refusing an inspection?

If an employee refuses to undergo an inspection that is mandatory for him, he neglects his labor duties. The latter are regulated by article 214 of the Labor Code of the Russian Federation.

If an employee does not have good reasons for refusal, his act may be declared a disciplinary offence. It involves administrative responsibility. However, such an offense cannot be terminated contract of employment. Dismissal can only be carried out if there are already several disciplinary offenses.

Additional Information

There are situations in which an employee's refusal to be examined is perfectly legitimate. In particular, an employer cannot force a worker to undergo a medical examination on a day off. On his day off, the employee is released from job duties, which includes a medical examination.

The removal of a specialist who has not passed the procedure from work is the obligation of the employer, and not his right. This is necessary measure security. Consider an example. Driver refuses medical examination passenger bus. There is a possibility that the employee is under the influence of alcohol. That is, his removal is necessary to ensure the safety of passengers. Allowing such an employee to work is an offense.

Hello!

According to article 76 of the Labor Code of the Russian Federation:

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;
not passed in the prescribed manner mandatory medical checkup , as well as the obligatory psychiatric examination in cases provided for by this Code, other federal laws and other regulatory legal acts 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 this Code, other federal laws.
During the period of suspension from work (non-admission to work), wages are not accrued to the employee, except as 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 period of suspension from work as for downtime.

According to article 73 of the Labor Code of the Russian Federation:

An employee who needs to be transferred to another job 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, with his written consent the employer is obliged to transfer to another job available to the employer, not contraindicated to the employee for health reasons.
If an employee who is in need of a medical certificate during temporary transfer to another job for a period of up to four months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report, while maintaining the place of work (position). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, collective agreement agreements, employment contracts.
If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or the employer does not have the appropriate job labor contract is terminated in accordance with paragraph 8 of the first part of Article 77 of this Code.
An employment contract with the heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, it is terminated in accordance with clause 8 of part one of Article 77 of this Code. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employees, except for the cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

With respect, Nadezhda.

Many professions are associated with dangerous or harmful factors that negatively affect a person's life. Some people do not have the opportunity to learn a particular craft at all for health reasons. To prevent industrial accidents and to prevent occupational diseases, a mandatory periodic medical examination. Consider the rules of its organization and determine the persons responsible for this.

Legislation on the medical examination procedure

The employer is fully responsible for labor safety. The law imposes on him the obligation to timely organize the passage of a medical examination when hiring or during the period labor activity. The following legal documents govern this obligation:

TK RF.
Order of the Federal Ministry of Health of 2004, establishing a list of hazardous and hazardous production work, the performance of which requires periodic medical examinations of workers.
Order of Rosminzdravmedprom, which contains information on the category of employees subject to mandatory medical examination, indicating its frequency.
Industry papers ( sanitary rules and standards).

The Labor Code obliges employers to organize a medical examination for an employee who must comply with the requirements medical control. Violation of the rules by an employee or employer may result in administrative responsibility. A periodic medical examination not passed on time will result in the removal of the employee from execution official duties. Moreover, if it is the fault of the employer, then the duration of downtime will be paid. Otherwise, the person will be left without wages.

The concept and goals of a medical examination

A medical examination is a set of measures and interventions that are aimed at diagnosing pathological conditions in a person and preventing the risks of developing occupational and other diseases. Periodic procedures are carried out in order to monitor the health of employees and reduce occupational injury. For each, there are deadlines in which the employee is required to see a doctor.

Periodic physical examination pursues and timely response to changes in health status. It is thanks to such events that it is possible to recognize the development at the initial stages and begin timely treatment. The results of the survey may prompt the employer to transfer the employee to a less hazardous area of production. The verdict of the medical commission ultimately either confirms the fact that the employee is fit to perform his duties, or, conversely, does not allow him to do so.

Prerequisites for medical examination

Carrying out periodic medical examinations is carried out at certain times, which depend on the degree of danger of production factors and their type of harmfulness. It is possible to determine whether an employee is affected by any adverse conditions using the appendix to Order No. 302n.

Classification of dangerous and harmful production factors

Group of factors	Varieties
Chemical	Mixtures and chemicals that are measured in the air of the work area and on human skin. These include substances of a biological nature obtained by chemical synthesis (vitamins, antibiotics, enzymes)
Biological	Pathogenic microorganisms, producers, spores and living cells, pathogens of infections and epidemiological diseases
Physical	Vibroacoustics, microclimate, non-ionizing and ionizing radiation, light environment
Severity of labor	Physical static and dynamic load, movement in space, working posture, weight of the load being moved and lifted manually
Labor intensity	Hearing stress, active monitoring of the production process, density of sound and light signals, stress on the vocal apparatus

Under the influence of at least one of the listed factors, a periodic medical examination should be carried out at least once a year.

Today, when applying for almost any position, it is necessary to pass a preliminary medical examination. And this is not at all a whim of the employer. Preliminary and periodic medical examinations in addition to employees exposed to hazardous and harmful factors, workers pass:

treatment-and-prophylactic and children's institutions;
Food Industry;
trade;
Catering;
waterworks.

Mandatory inspection is carried out in order to protect the population from the emergence and spread of dangerous diseases.

Referral for medical examination

Preliminary and periodic medical examinations are regulated by Order No. 302n. In the first case, before being hired for a certain position, the employer issues a referral to the applicant, which contains data on the enterprise, the intended position and the nature of harmful or hazardous production factors (if any). The list of specialists and laboratory and functional studies that a future employee needs to undergo is established in accordance with the List of Works and Harmful Factors. The medical examination is considered completed if all prescribed procedures are completed. At this stage, a medical opinion is formed, which allows or prohibits the employee from taking a certain position. It is important to understand that in the event of a negative decision of the medical board, an employment contract cannot be concluded with the applicant.

Periodic medical examinations of employees are carried out within the time limits specified in the List of Works and Harmful Factors. Two months before the next medical examination, the employer is obliged to issue a referral to the employee. The employee undertakes to appear at the specified time.

Organization of periodic medical examinations

Before sending employees to a medical facility for a medical examination, the employer has to do several things. First of all, you need to make a list of the contingent of workers. This is normative act enterprise, containing information about the professions of employees who are subject to preliminary or periodic medical examination. A sample of the established form for this document is not provided, but a list of data has been developed that should be indicated in it:

the position of the employee according to the staff list;
name of harmful or type of work.

This may also include Additional Information at the discretion of the employer. The list of contingents is approved once, until any changes occur at the enterprise (new jobs, improvement or deterioration of working conditions, reorganization). The finished document is sent to Rospotrebnadzor.

Name lists of persons are developed annually two months before the agreed date of the medical examination. It must indicate the length of service precisely in the conditions of the declared production factor. It should be noted that the passage of a periodic medical examination is carried out at least once every 2 years in a medical institution and once every 5 years in the center of occupational pathology. The lists are compiled separately.

Issue of the order

The company concludes an agreement with a medical institution, where employees will undergo regular medical examinations. After agreeing on the terms, surveys are drawn up, with which it is necessary to familiarize the employees. Each person from the surname list confirms the fact of informing with a personal signature. At the same time, the employee may be issued a referral for a periodic medical examination.

The need for planned preventive measures is confirmed by the issuance of an order, which is drawn up in free form. Consider the approximate content of this document:

Order "On Periodic Medical Examination"

In accordance with Art. 212, 213, 266 of the Labor Code of the Russian Federation,

I ORDER:

Approve the lists of employees who are subject to mandatory medical examination in 2016. A schedule of preventive measures and a list of employees is attached.
Send employees on the list to a medical facility " City Polyclinic No. 2" in accordance with the established schedule for the medical examination.
The heads of departments and subdivisions shall not allow the specified employees to perform their official duties until the examinations have been passed.
Heads of departments and divisions to acquaint employees with the order under the signature.
Control over the execution of the order is assigned to Ivanov I.V.

After that, the full name of the director, his personal signature and attachments with a surname list of persons who need to come to a medical institution for a medical examination. Order for periodic medical examinations - binding document, which is compiled on the basis of the Labor Code of the Russian Federation and the Order of the Federal Ministry of Health No. 302n.

The frequency of inspection for certain professions

As already mentioned, the control over the health of employees is carried out under the condition that the latter work in hazardous and dangerous production, regularly visit polyclinics and representatives of professions who in one way or another are in contact with large quantity persons. Mandatory periodic medical examinations are required for employees:

Food Industry, food trade, public catering - twice a year, studies are carried out on infectious diseases and STDs, as well as analysis for the carriage of staphylococcus and other bacteriological studies. Once a year, fluorography, a consultation with a therapist and laboratory tests for the presence of helminths are prescribed.
Children's preschool, school and secondary professional, medical institutions - examination for the presence of STDs, infectious diseases and bacteriological studies are carried out up to 4 times a year. The general therapeutic commission with the passage of fluorography and laboratory tests is required once a year.
Pharmacies and non-food trade - once a year, an examination by a dermatovenereologist, a therapist, fluorography and laboratory tests are shown.
Communal services for the population and swimming pools - 2 times a year are examined for the presence of STDs and 1 time per year they undergo a standard medical examination. Vaccination against diphtheria is required.

It is worth noting that the number of examinations, regardless of profession, includes such procedures as fluorography, a blood test for syphilis, bacteriological studies for STDs, an examination by a narcologist and a psychiatrist. For women, a visit to the gynecologist is mandatory.

Medical examination of persons working in hazardous and hazardous industries

Depending on the category of hazardous factors, the deadlines for employees to pass the mandatory one should be taken into account that, regardless of the length of service and profession, the following persons are subject to an annual examination:

under 21;
employed in the Far North region (including in areas equated to them) from another locality;
working on a rotational basis.

Consider the frequency of medical examination depending on the working conditions (profession).

Medical examination for employees of hazardous (dangerous) production

Types of work (production), profession
Explosive fire	1 time per year
Using and carrying weapons	1 time per year
emergency services	1 time per year
Service electrical installations (over 42 VAC, over 110 VDC)	1 time in 2 years
In areas remote from honey. institutions	1 time per year
Work on machines and equipment with moving parts	1 time in 2 years
Underground and high-altitude works	1 time per year
Land transport management	1 time in 2 years
Underwater work in a gaseous environment (at normal pressure)	1 time in 2 years

Do not forget that there is a professional periodic medical examination, which is necessary to pass in the center of occupational pathology once every five years.

Medical examination before the start of the working day (shift)

Some employees, who are responsible for more than their own lives, undergo a small physical examination daily. This includes workers employed in hazardous and hazardous industries. Purpose: to control the state of health after labor day and fixing complaints about well-being. Drivers of all ground vehicles, as well as pilots, undergo periodic medical examinations at work. This time is included in the composition of the working day (shift) and takes 15 minutes at the most, unless, of course, there is a suspicion that the employee's condition is deteriorating. Procedures include measurement of pulse, pressure, general assessment of health status and reactions. Periodic medical examination of drivers without fail includes a check of clarity of consciousness. In the presence of alcohol or drug intoxication (which is confirmed or denied by express tests if necessary), the employee is removed from the flight. General malaise, pressure drops can also become a medical withdrawal from the performance of labor duties.

The legislation made it mandatory to pass a pre-trip check of the condition of drivers for each enterprise or individual entrepreneur. Every employee in vehicle, which belongs legal entity undergoing a medical examination. The doctor or paramedic decides on the admission of the employee to work. Conclusion honey. personnel must be strictly observed.

Who pays?

In order for an employee to undergo a periodic medical examination, it is required to pay for preventive procedures. Who bears the cost of the medical examination? When hiring and carrying out labor activities, the costs of a medical examination are borne by the employer. This rule is regulated by the Labor Code of the Russian Federation (Article 213). The enterprise is free to independently choose a medical institution. Before concluding a contract with an organization, you should make sure of the following points:

the organization is licensed;
in the list of services and works in the appendix to the license, it is noted that the institution has the right to conduct medical examinations or an examination of professional suitability;
has all the necessary specialists on staff;
owns the required equipment;
provides services at the address specified in the license.

It is also necessary to clarify the procedure for examination by a narcologist and a psychiatrist. Often additional visits to dispensaries are required to obtain mental and physical health certificates. The cost of services is determined based on the number of required consultations and studies.

Even if the applicant does not find a job after passing the medical examination, the employer does not have the right to demand reimbursement of expenses. Deductions from wages or self-payment for preventive examinations are unlawful in relation to the employee. The employer is obliged to bear all expenses and, in addition, to keep the employee's salary for the duration of the medical examination within the average daily wage.

Periodic medical examination - important event which allows timely diagnosis of occupational and socially dangerous diseases. Procedures are performed primarily in the interests of the employee. Both the employer and the employee should comply with the requirements of the law on passing medical examinations. Violations result in significant administrative fines.

The organization of mandatory medical examinations for certain categories of workers () is mandatory for the employer. According to separate categories workers are required to undergo such examinations.

When eliminating the reason for the suspension, i.e. after the employee passes the medical examination, the employee must be allowed to work. The employer draws up an order for admission to work, which he introduces to the employee against signature.

Filling out a time sheet, a work book and a personal card of a suspended employee

Suspension time in the time sheet ( unified form T-12 or T-13) is marked by affixing an alphabetic (NB) or digital (35) code (suspension from work (non-admission to work) for reasons provided for by law).

At suspension from work and admission to work do not record in the employee's work book and employee's personal card. The period of suspension from work is not included in the length of service required to grant leave ().

Passing a medical examination is the direct responsibility of each employee and this must be strictly monitored by the employer. Failure to pass a medical examination is considered a clear violation and will entail big problems for both the employee and the organization as a whole. A person undergoes a medical examination primarily for the purpose of preventing and detecting diseases that may interfere with work. The illness of an employee will affect his work, which will subsequently affect the overall productivity and efficiency of the organization.

For refusing to undergo a medical examination, the employer has every right to remove the employee from his position until the moment (or, in certain cases, even impose a disciplinary sanction, on the basis of Article 192 of the Labor Code of the Russian Federation), until he passes the mandatory examination and does not present official medical documents.

Suspension from work due to failure to pass a medical examination in 2018

This disciplinary sanction is temporary. The worker is suspended for a certain period of time for violation labor relations, which are regulated in Article 76 of the Labor Code of the Russian Federation. It is the responsibility of the employer to conduct inspections, they are both preliminary and periodic. The subordinates also have the obligation to pass them without fail. This is stated in article 212 of the Labor Code of the Russian Federation. Otherwise, an order is issued on suspension from work for failure to pass a medical examination (a sample is attached).

Also, according to article 213 of the Labor Code of the Russian Federation, employees who work in difficult working conditions must undergo all types of examinations for a more thorough examination of their health status.

Obligations of the employer to organize medical examination of employees

The direct obligation of the employer is to prevent the employee from working, if there are full grounds for this, prescribed in Art. 76 of the Labor Code of the Russian Federation. One of the types of such grounds is the failure to pass a mandatory medical examination. The employer is also required to ensure that the medical center has the appropriate license. It is necessary to draw up a list of workers for medical examination.

The employer is obliged to provide the medical center with the following data:

a complete list of employees with their names and positions;
the names of jobs where workers in the organization work;
list all the factors that adversely affect the health of employees.

Based on these data, the timing of the examinations is set. The employer is obliged to pay for all medical examinations independently.

You can read more about when an employer is obliged to remove an employee from work.

Which employees are required by law to undergo a medical examination?

AT Labor Code RF, namely Art. 266 and Art. 348-3 spelled out who must undergo preliminary and mandatory medical examinations.

The following categories of employees are subject to mandatory inspection:

workers in the food and light industry;
preschool and school educational organizations;
workers on catering and etc.

By the way, about situations in which an order for suspension from work due to alcohol intoxication is required, is described in another article.

How much time is required according to the Labor Code of the Russian Federation for a medical examination?

There is no fixed term for medical examination in the legislation. Terms depend on the agreement with the medical center. The contract is considered binding on the person undergoing the inspection. Exceeding the deadlines will be calculated as a violation of the law, according to Art. 192 and Art. 193 of the Labor Code of the Russian Federation.

Suspension due to failure to pass medical examination

In connection with the failure to pass a medical examination, the employee may not be allowed to perform his duties. Therefore, the employer should adhere to the following procedure.

Suspension procedure:

Registration of the received document, which confirms the absence of the employee's medical examination.
Issuance of an appropriate dismissal order.
Order registration.
Familiarization of the employee with the order.
Inspection payment as downtime.
Registration of the deadline in the time sheet.
Issuance of an admission order after the violation has been eliminated.
Registration of the relevant admission order.
Familiarization with this order of the employee.

Thus, in order to fulfill the conditions of the Labor Code of the Russian Federation and remove an employee on the basis of the law, it is necessary to follow all the above points. Since an employee can file a complaint against the employer if his rights have been violated.