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Article 76 of the LC RF: when the employer is obliged to remove the employee from work?

Let's understand, under what circumstances the employer is obliged to remove the employee from work. This moment is extremely important in labor activity. After all, the established norms can not be violated. What is spelled out in the Labor Code should be fully implemented. Otherwise, the employee may suffer a certain punishment, and the employer. The rules and reasons for the removal of employees from the performance of official duties are prescribed in Article 76 of the LC RF. What should I look for? For what reasons and under what circumstances can the employee be removed from his job duties?

Drunkenness

The first reason is a state of intoxication. The employer is obliged to remove the employee from work at the moments when the subordinate has arrived to perform job duties in a state of alcoholic or narcotic, as well as toxic intoxication.

This item does not depend on the position or activity of the employee. In the enumerated states of an employee, one can not be allowed under any pretext before performing job duties. This is not only because of the likelihood of harm to production being done, but also for security reasons.

A person who is in a state of some kind of intoxication is not always an adequate and fully intelligent citizen. Therefore, the employer must remove from the work of the employee, if the last noticed the intake of alcohol or psychotropic / toxic / narcotic substances. Even if a person is not drunk, but he used these substances, it is forbidden to allow him to work.

Training

What else is Article 76 of the LC RF? The employer is obliged to remove from the work of the employee if he has not completed the prescribed training before performing his duties.

This phenomenon is not very common. The authorities independently establish the rules of conduct in the workplace and the conditions under which it will be possible to begin without problems to work. In some enterprises, for this purpose, special training is required. And if it is not passed or not completed, the employer must remove the employee from work.

But if the company does not provide for pre-school education or studies while performing job duties, the employee has the full right to work. And no one can remove him from his work.

Occupational Safety and Health

A huge role in each company is labor protection. When is the employer obliged to remove from the work of the employee? There can be many reasons. And one more variant of the development of events is non-lasting training and certification in the field of labor protection.

That is, an employee who is not fully acquainted with these conditions is not allowed to fulfill official duties under the law. This is a mandatory item for all companies. A person who does not know the rules of labor protection can not fully ensure the safety of production. Hence, his work is dangerous both for the company and for the employee himself. This is a good reason, which allows the employer not to allow his people to perform their duties. Moreover, it is his duty by law!

Body check

It's no secret that almost every employee in a certain industry should have a medical book. All employees in companies must undergo a medical examination without fail . This is important to understand before finding a job. Why?

The thing is that the employer must remove the employee from work, if he did not provide a medical book with the results of the survey. That is, the suspension threatens for avoiding scheduled inspections conducted in companies with a certain periodicity. It should be borne in mind that potential bosses do not have the right to accept an employee at all to work without a medical book. But this rule applies only to those areas of activity in which this document is mandatory. For example, if a person is going to work with food or in the medical field. What does Article 76 of the LC RF say? The employer must remove from the work of the employee under certain conditions. And the lack of a health book, as well as medical examination - this is a good reason. But not always.

Accordingly, if there are no established rules for medical examinations, as well as the activity of an employee does not necessarily require the availability of a medical book, then it is impossible to remove it from his work for this reason either. Such rules are established in Russia at the moment.

Survey

What else should you pay attention to in this issue? The thing is that the employer is obliged to remove the employee from work, if he did not provide timely information from the narcologist and psychiatrist. In other words, did not pass the examination by these doctors.

Do not confuse this item with the medical commission. Often a medical book is, a certificate of the established sample to the employer has been transferred, but there are no conclusions from the narcologist and psychiatrist. This is another reason why you can not admit a subordinate before performing job duties.

Contraindications

But even the presence of a medical report and examination from a psychiatrist with a narcologist does not give a 100% guarantee that a person will not be banned from working. Why? What kind of employee does the employer have to exclude from work?

The one who has contraindications for performing job duties that have come to light during the medical examination. In other words, a medical report with contraindications to one or another activity is the basis in which one should not allow a person to work. Hence, the employer must remove the employee from work in the presence of medical contraindications. Not such a frequent phenomenon, but it does occur.

At the request of legislation

The next variant of the development of events is extremely rare. The thing is that the employer must remove the employee from work in the event that certain authorities or officials demand it.

You can say, according to the requirements established by law. Far from all can express requests. And only those defined by the regulatory acts of the Russian Federation, as well as by the legislation of the country. For example, employees of the Ministry of Internal Affairs.

Such removal will last as long as it is said by authorized persons.

Good reasons

Is the employer required to remove the employee from work when the subordinate has valid reasons that prevented him from undergoing a medical examination or training? This question interests many. After all, not always everything turns out as you want. Therefore, it is unclear how important the seriousness of this or that reason is in the question under consideration, according to which, suspension from performance of official duties should follow.

Unfortunately, this point does not play a role. Regardless of the circumstances and the existence of a valid reason for not passing medical examination or training, as well as attestation, the employer should not allow the subordinate to work. This is important to remember.

Briefly

Now it is clear that the employer must remove the employee from work if the employee:

  • Not trained;
  • Not certified and not trained in labor protection regulations;
  • Is convicted of drinking alcoholic beverages, as well as in the use of psychotropic, narcotic and toxic substances;
  • Did not undergo a medical examination;
  • Has no conclusions from a psychiatrist and an expert in narcology;
  • In the course of medical examination, contraindications were revealed for the conduct of a certain work activity;
  • In case of request of authorized persons and authorities.

This list can not be called exhaustive. In fact, there are a lot of reasons for dismissal from the discharge of official duties. Often the bulk of these depends on the rules and rules established within the company.

Salary

The next important issue is the procedure for payment of labor. The thing is that dismissal for one reason or another from work implies that a person will not fulfill his job duties. But as an employee, he is still listed. What about pay?

Usually, if the employer is obliged to remove the employee from work, then you have to prepare for the fact that during this period, there is no accrual of earnings. But there are exceptions. It is a case of cases when the reasons appeared due to circumstances beyond the control of the employee. In this situation, wages are paid, but not fully. It will be charged, as for a simple.

But if an employee has not passed a medical examination or training / certification on his own initiative and even if it happened with good reasons, there will be no pay. This is important to remember.

Term of suspension

The next question that requires special attention is the decision on how long to suspend the subordinate from performing job duties. The thing is that this topic often worries the working people. Especially if the suspension does not imply payment for downtime.

How much does an employer forbid a subordinate to work? As much as it takes to eliminate the reasons that hamper the performance of official duties. The sooner an employee copes with them, the sooner he will be able to start working again.

The exception is two cases: suspension on demand of officials and officials, as well as for health reasons. In the first case, the simple will continue as long as the relevant authorities require. And in the second - either until the moment of recovery, or permanently.

Just do not think that a medical report is an excuse for dismissal. The employer must offer the subordinate all possible options for transferring to another position in the firm. Dismissal threatens only in the case when the illness diagnosed by medical personnel can not be eliminated, and also if the employee refused all the variants of labor offered to him. In this situation, either dismissal "according to the article" or at own will takes place.

Suspension is ...

Many are interested in what exactly is meant by suspension from work. In the Labor Code of the Russian Federation there is a specific definition of this term. Suspension from work is temporary non-admission to the performance of official duties for one reason or another, prescribed in the Labor Code of the Russian Federation, as well as in other legislative acts.

Do not confuse dismissal with dismissal. In the first case, the measure is temporary. The employee is listed in the company, under certain conditions he even pays for the period of idle time. And in the second case, termination of duties is an ongoing measure. The person will be expelled from the company's cadre.

That's all. In fact, there are many reasons why an employer can remove employees from work. And to limit the above options should not be. The main thing is that dismissal in these situations does not take place. Only if the employee deliberately does not eliminate the interference to work.

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