In the organization, employees undergo medical examinations. Based on the results of the next inspection, the polyclinic sent the employer a conclusion that the employee was not fit and could not work in this position. The employer does not have vacant positions, work for which could be performed by the employee, taking into account the existing contraindications. What are the next steps an employer should take? How to make a record in the workbook?
An employer who has received a medical opinion on the unsuitability of an employee for work in his position (employees, that is, specialists or managers) or profession (workers) should take the following actions.
1. According to paragraph 5 of Part 1 of Art. 76 of the Labor Code of the Russian Federation, the employer is obliged suspend from work(not to allow to work) the employee in case of detection according to medical opinion issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, contraindications for the employee to perform work stipulated by the employment contract. Thus, the first step is the issuance of an order to remove the employee from work.
The order is drawn up in any form and signed by the head of the organization. The employee should be familiarized with the contents of the order against signature. During the period of suspension from work, wages are not accrued to the employee.
From the norms of Art. 76 of the Labor Code of the Russian Federation, it follows that the suspension from work in this case does not depend on the will of the employer, but on the presence of medical contraindications established medical institution(Decision of the Moscow City Court dated March 2, 2011 in case No. 33-5685, Appeal ruling of the Moscow Regional Court dated July 21, 2014 in case No. 33-15624/2014).
2. The employer is obliged notify the employee of the lack of vacancies in general or vacancies that are not contraindicated for the employee for health reasons.
The notification is drawn up in any form, signed by the head of the organization and handed over to the employee against signature (Article 73 of the Labor Code of the Russian Federation) (Appeal ruling of the Lipetsk Regional Court dated September 10, 2014 in case No. 33-2401 / 2014).
3. At the same time it is necessary check the period for which the employee is declared unfit for work.
If the period is less than four months, then the suspension is issued before the expiration of the period specified in the conclusion (since, as follows from the question, there are no vacancies for the employer to transfer the employee to another position (paragraph 2 of article 73 of the Labor Code of the Russian Federation)). After the expiration of the specified period, the employer issues an order for the admission of the employee to work, and the employee continues to work in his position / profession.
If the period for which the employee is recognized as unable to perform his work is more than four months or is not indicated in the medical report, and the employer has no vacancies for such an employee, then the employee must be dismissed in accordance with paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation following the appropriate procedure. In this regard, a dismissal order is issued, indicating as the basis for its issuance a medical report and a certificate of the absence of vacancies suitable for the employee, taking into account his competencies and state of health.
The order may be issued by unified form No. T-8 or in another form determined by the employer. With the order to dismiss the employee should be familiarized against signature. In the event that the order cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order.
4. Necessary make an entry in work book employee (example).
Example
5. Enter a notice of resignation employee in accordance with the wording in the work book to a personal card employee (form No. T-2 or the form used in this personnel service). The employee should also be familiarized with the entry in the work book against receipt in the personal card (clause 41 of Decree of the Government of the Russian Federation of 04/16/2003 No. 225 "On work books" (as amended on 03/25/2013)).
6. On the last day of work extradite employee work book. In this case, the employee must sign in the book of accounting for the movement of work books and inserts in them.
7. Dismissal under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation provides the employee additional guarantees. So, in accordance with paragraph 5 of Part 2 of Art. 137 of the Labor Code of the Russian Federation, vacation pay for unworked vacation days cannot be withheld from an employee, and the employee is also paid severance pay in the amount of 2-week average earnings (part 3 of article 178 of the Labor Code of the Russian Federation).
Thus, on the day of dismissal, the employee must not only be paid all wages due to him and compensation for unused vacation, but also a severance pay in the amount of 2 weeks of earnings.
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 a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate job, it is also terminated in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. However, the employer has the right to written consent these categories of workers 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 these employees, unless it is provided for by a collective or labor agreement.
Can they be fired under an article for health reasons if they have not passed the next medical examination?
Hello! I work in Surgutneftegaz as an operator of technical installations. 8 years. I recently had a problem at work. When passing the next annual medical examination, I did not pass an ophthalmologist for vision, because I have poor eyesight in one eye, but I passed 8 years without problems, and this year new items appeared and I did not pass them. The conclusion came to the employer, in which it is written that contraindications were identified for these new items. Of course, I understand that there are points and rules and they need to be observed, but I don’t know if they can be challenged somehow, because I worked for 8 years without problems and there were no complaints and in general it doesn’t fit in my head what does my work and vision have to do with it, I don't need good eyesight in my job. I don’t understand, if the Ministry of Health does this, then why? After all, people like me can work at such a job, because this is not space and astronauts are not required! The head of the personnel department called me to her office and said that I could not work as a worker, since all employees have such points, but I can work as an engineer and there is a vacancy and said that I must understand that out of pity no one will hire me as an engineer and that I should try to pass the interview. But my immediate supervisor at the interview explained to me that I was not suitable, because he was not satisfied that I was kind, and he needed a tough engineer with employees to be tough and refuse me this position. To which the head of the personnel department told me that either I quit own will, or dismissed under the article. And I am ready to be an engineer and I already wanted to try for this position in the near future, since I have a suitable education and vast work experience, I have experience, skills, knowledge, in general, I am a ready-made engineer. Tell me, how can I be in my case? What rights do I have and can I be fired on health grounds?
Dear Vasily Alekseevich.
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 that is not contraindicated to the employee for health reasons.
This obligation of the employer is established in Part 1 of Art. 73 Labor Code RF.
Thus, if you, as an employee, needed to be transferred to another job in accordance with a medical report, your employer should not have interfered with this, arguing that the vacancy available for this did not suit you. After all, in part 1 of Art. 73 of the Labor Code of the Russian Federation we are talking about the obligation of the employer. If the employer believes that there are no suitable vacancies in the organization, he needs to have evidence that working conditions in other positions also do not exclude the impact on the employee of those factors due to which work is contraindicated for him.
However, in the current situation, the employer needs to provide evidence of the extent to which the identified visual defect is an objective obstacle to the implementation of your official duties technical installation operator. To do this, you need to study the documents relating to the procedure for the performance of your job duties, for example, a job description or other local regulatory act, which should indicate the health requirements under which it is possible to work as an operator of a technical installation. After all, it is quite possible that visual impairment is not precisely the circumstance in the presence of which further work is impossible. same place. However, you should have been familiarized with such local regulations against signature when applying for a job.
In accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation grounds for termination employment contract are the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of appropriate work (parts 3 and 4 of article 73 of the Labor Code of the Russian Federation ).
According to part 3 of Art. 73 of the Labor Code of the Russian Federation, if, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than 4 months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with paragraph 1 of Art. 8 h. 1 tbsp. 77 of the Labor Code of the Russian Federation.
Paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation provides for the possibility of terminating an employment contract if the employee refuses to permanently or temporarily (for a period of more than 4 months) transfer to another job, which is necessary for him in accordance with a medical report, or if the employer does not have a relevant job.
Such grounds for dismissal as the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical report, or the employer's lack of an appropriate job (clause 8, part 1, article 77 of the Labor Code of the Russian Federation), is provided in order to prevent the employee from performing work, contraindicated to him for health reasons, is aimed at protecting the health of the employee. In addition, the need to transfer an employee to another job must be established by a specialized body and recorded in a medical report issued in accordance with the procedure established by federal law and other regulatory legal acts of the Russian Federation, which involves the use of objective criteria when establishing this fact and excludes the arbitrary application of this ground termination of the employment contract.
This means that for dismissal on this basis, the following conditions must be met:
1) the presence of a medical opinion on the need for transfer to work that is not contraindicated for the employee for health reasons, issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
2) a written refusal of the employee to transfer to another job, necessary for him in accordance with the medical report;
3) the lack of an appropriate job for the employer. In order to confirm the absence of work corresponding to the state of health of the employee, the employer must submit a staffing table in which there are no vacant positions, which, taking into account education, length of service and work experience, an employee dismissed under clause 8, part 1, article 77 of the Labor Code of the Russian Federation could take. If such positions are present in staffing it is necessary to prove that the employee cannot take them, taking into account the state of health. In such a situation, the employer must familiarize the employee with job descriptions, from which it follows that this work is performed in such working conditions that are contraindicated for the employee.
Thus, since you initially expressed your consent to the transfer, then neither dismiss you under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the employer has no right to force you to sign a letter of resignation of your own free will.
GIT inspectors refuse to recognize non-compliance with the obligation to conduct mandatory medical examinations as a minor violation. They emphasize that such an offense is associated with a threat of harm to human life and health, and also directly affects the provision of state guarantees. labor rights workers and encroaches on safe conditions and labor protection.
The inspectors actively defend their position in the courts and insist that, for the purpose of punishment, the provisions of Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation fine:
- for officials - in the amount of 15,000-25,000 rubles;
- for employers-individual entrepreneurs - from 15,000 to 25,000 rubles;
- on the legal entities- from 110,000 to 130,000 rubles.
At the same time, the current legislation allows, under certain circumstances, to pity the guilty. So, if the offense is recognized as insignificant and it is committed for the first time, the employer may not be fined, but only given a warning. However, for employers who allow employees who have not passed a medical examination to work, this rule does not work.
Medical examinations of employees: a small memo from GIT
Representatives of the State Labor Inspectorate remind that employers are obligated by labor legislation to conduct preliminary (when hiring) and periodic medical examinations of employees at their own expense. For certain categories of employees, the frequency and peculiarity of medical examinations is regulated Art. 213 of the Labor Code of the Russian Federation. This is about:
- persons employed in work with harmful and dangerous working conditions (including underground work), as well as in work related to traffic;
- employees of food industry organizations, Catering and trade, waterworks, medical organizations and children's institutions.
Also, at the expense of employers, a mandatory psychiatric examination of employees carrying out certain types activities, including those associated with sources of increased danger (with the influence of harmful substances and adverse production factors), as well as those working in high-risk conditions.
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 undergo 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 to blame for the failure to complete the procedure, a disciplinary sanction may be applied to him 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 for an explanatory note. The employee is given 2 days to provide explanations. If two days have passed, but the employee has not provided written explanations, you need to draw up an act of refusal. 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
An entry on the suspension of work does not need to be entered in the 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. The 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:
- Employee's name 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 the information is entered into a 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 the employee does not have good reasons for refusal, his act may be declared a disciplinary offense. 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 work duties, the list of 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 a necessary security measure. Consider an example. The driver of a passenger bus refuses a medical examination. 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.
The obligations imposed on the employer by Article 212 of the Labor Code of the Russian Federation in connection with the passage of medical examinations by employees directly correspond to their rights, namely:
1) the employer is obliged to ensure the conduct of preliminary, periodic, extraordinary medical examinations at his own expense;
Place of work, position);
Average earnings.
However, there are a number of actions that the employer must perform due to the requirements of the Labor Code of the Russian Federation. Part two of Article 212 of the Code establishes that the employer is obliged to ensure that employees are not allowed to perform their labor duties without undergoing mandatory medical examinations (examinations). How exactly the employer should act in this case is determined in article 76 of the Labor Code of the Russian Federation: the employer is obliged to remove from work (not allow to work) an employee who has not passed the mandatory preliminary or periodic medical checkup; the employee is suspended from work (not allowed to work) for the entire period of time until the circumstances that are the basis for suspension from work or exclusion from work are eliminated.
Referral of employees (groups) for periodic medical examination according to general rule issued by order (instruction) of the employer. The order (instruction) contains a list of employees sent for examination and indicates the period for passing a medical examination. In fact, this is the first order (instruction) to prevent workers from working for the duration of the medical examination. Why it is needed, we will explain further.
As a rule, even when concluding contracts with medical organizations, the parties (employer and medical organization) determine the time required for a medical examination, as well as the procedure for informing the employer about the appearance of employees for a medical examination. If, after the expiration of the established deadlines, the employer is not presented with medical final acts or no entries are made in personal medical books, and from the information provided by the medical organization it follows that the employee did not appear for an examination, the employer decides either to remove the employee from work or to register the specified day as absenteeism, if the employee does not submit documents confirming the presence of valid reasons that prevented him from appearing in a medical organization.
The reason for the failure to pass the medical examination is important for issuing a suspension. So, if the employee did not appear for a medical examination due to temporary disability within the time limits established by the order (instruction) on sending for a medical examination, the period for passing the medical examination is extended (in this case, as a rule, an order (instruction) on dismissal from work is not issued) . If the employee, through no fault of his own, cannot undergo a medical examination on time (for example, due to temporary disability of one of the doctors), the employer may extend the validity of the first order (instruction) on referral for a medical examination, or may issue an order (instruction) on removal from work, while necessarily indicating the reason for the employee's failure to undergo a medical examination. If the employee refuses to undergo a medical examination or does not have good reasons, then an order (instruction) is issued on suspension from work (at the same time, it should follow from it for what reason the employee did not undergo a medical examination), and the verification procedure begins to resolve the issue about attracting disciplinary responsibility.
To begin with, let's dwell on the order (instruction) on sending employees for a medical examination. Its publication cannot be called mandatory if the referral for a medical examination is carried out in accordance with all the rules (with the issuance of a referral form to the employee’s hands) and if there is an approved schedule of medical examinations (we are talking about scheduled periodic examinations). From the moment of issuing a referral for a medical examination and until the moment specified in the schedule for conducting a medical examination or agreed with a medical organization, the employee must fulfill his duty. It is these documents that are subsequently considered as the employer's order for the employee to undergo a medical examination, and also serve as the basis for recording the time spent on the examination.
If the requirements for issuing referrals and drawing up a schedule are not fully met, then the order (instruction) to send employees for a medical examination is necessary for the employer, firstly, in order to have confirmation of the fulfillment of its obligation to ensure that employees undergo medical examinations and preventing employees from working for the duration of the inspection, and secondly, to count the time for passing the inspection. An order (instruction) to send employees for a medical examination will also be needed in the event of an unscheduled (extraordinary) sending of employees for a medical examination at the request of the territorial body of Rospotrebnadzor or by decision of the body local government(for example, in the event of an outbreak of infectious diseases, epidemics, etc.).
By issuing an order (instruction) to send for a medical examination, the employer has the opportunity to control its execution by the employee (employees). If, after the expiration of the established period, the employer, due to the fault of the employee, does not receive the final act based on the results of the medical examination, then he is obliged to remove the employee from work and has the right to apply a disciplinary sanction to him.
If the employer does not wish to exercise his right to apply to the employee disciplinary action for refusing or evading a medical examination, he must still formally fulfill his obligation to remove the employee from work - issue a special order (instruction).
In the order (instruction) on suspension from work, it is necessary to list the circumstances that served as the basis for the suspension, as well as documents that confirm the existence of such grounds. So, if an employee evades a medical examination, this fact can be confirmed by a certificate from medical organization to which the worker was assigned. The documentary basis for the removal of an employee from work may be, for example, a memorandum from the immediate supervisor of the employee or the person responsible for the employees of the organization undergoing medical examinations. This may also be a requirement (order) of the labor protection service of an organization that has been given the authority to demand from the employer the removal from work of persons who have not undergone medical examinations (Recommendations on the organization of the work of the labor protection service in an organization, approved by Decree of the Ministry of Labor of Russia dated 08.02.2000 N 14) .
It should be noted here that the very fact of failure to undergo a medical examination on time is of fundamental importance for the removal. Therefore, if the employer confines himself in the order (instruction) only to stating the grounds for removal - failure to undergo a medical examination - his obligation, provided for in Article 76 of the Labor Code of the Russian Federation, will be considered fulfilled.
An indication in the order (instruction) of the period for which the employee is suspended, on the one hand, will lead to an increase in document flow (if the employee does not undergo a medical examination after it, it will be necessary to issue new order), on the other hand, it will give the employer the opportunity to still bring the employee to disciplinary responsibility. Most often, in orders (instructions) on suspension from work, the period of suspension is determined not by a specific date, but by the onset of a certain event - a medical examination. Although this is, in fact, correct (since, in accordance with part two of Article 76 of the Labor Code of the Russian Federation, an employee is suspended from work for the entire period of time until the circumstances that served as the basis for suspension from work are eliminated), we recommend that employers not limit themselves to the wording in the order (instruction) " before passing a medical examination", but to introduce additional clarifications (to determine the specific period during which the employee must undergo a medical examination).
Since the order (instruction) on dismissal is issued upon the fact that the employee did not undergo a medical examination, the employer must be aware of whose fault - personally, the employee or the medical organization - the medical examination was not passed. The fault of the employer that the employee did not undergo a medical examination on time may be the untimely issuance of a referral to the employee for a medical examination; the employee was not released from the performance of his labor function or the medical organization was not promptly transferred funds for the examination. Finally, the fact that the employee did not undergo a medical examination in a timely manner may also be the fault of the medical organization - due to the absence of one of the specialized doctors, the introduction of quarantine, etc.
In this case, in accordance with part three of Article 76 of the Labor Code of the Russian Federation, the employee is paid for the entire time of suspension from work as for simple work, that is, in accordance with Article 157 of the Code. The said article distinguishes the procedure for paying for downtime that occurred through the fault of the employer, from downtime that occurred for reasons beyond the control of the employer and employee: in the first case, downtime is paid in the amount of at least 2/3 of the employee's average salary; in the second - at least 2/3 tariff rate(salary). If an employee has not passed a medical examination due to the fault of a medical organization, the employer has the right to hold this institution liable and thereby compensate for the costs of paying the employee for the suspension time.
If the employee did not undergo a medical examination due to his own fault, then in accordance with part three of Article 76 of the Labor Code of the Russian Federation, during the period of suspension from work, wages are not accrued to him. These extremely fundamental points on payments to the employee during the suspension should be reflected in the order (instruction) on suspension - the accounting department must have a documentary basis for suspending payroll or for calculating it according to the rules of Article 157 of the Labor Code of the Russian Federation.
In the order (instruction) on suspension, it is possible to resolve issues of transferring or moving to positions (jobs) of suspended other employees (during the absence of the first). At the same time, it is extremely important that these workers have the right to perform the duties or work of those suspended.
An order for suspension from work due to a failure to pass a medical examination can be drawn up according to the following model:
CJSC "Avangard"
03/06/2006 N 420-k
On suspension from work
In connection with the failure to pass the periodic medical examination of the employees of the "Meat delicacies" section through the fault of the labor protection service within the time limits established by the schedule for medical examinations in 2006, I order:
1. Suspend from work for a period until passing a medical examination (until 14.03.2006):
Head of the section "Meat delicacies" Paramonova Tatyana Sergeevna;
Seller of food products of the section "Meat delicacies" Kuzmicheva Irina Vladimirovna;
Seller of food products "Meat delicacies" Olga Semyonovna Volkova.
2. The labor protection service (Somov) shall immediately prepare referrals for medical examination of the employees specified in paragraph 1, and ensure that the examinations are completed within the established time limits.
3. The accounting department (Ivanova) to the employees specified in paragraph 1, at the time of their suspension, accrue wages 2/3 of the average salary.
4. Personnel department (Korneeva):
Prepare documents for bringing the head of the labor protection service Sergey Petrovich Somov to disciplinary responsibility;
During the absence of the employees specified in paragraph 1, move employees of adjacent sections to the "Meat delicacies" section;
Familiarize the employees specified in paragraph 1 with this order.
CEO
Tikhomirov I. V. Tikhomirov
Signature Signature transcript
The order (instruction) is endorsed by the executors (in the given sample - by the employees of the indicated structural divisions) and, against receipt, is brought to the attention of each employee sent for a medical examination.
In order to promptly influence an employee who refuses to undergo a medical examination or ignores his obligation to undergo a medical examination (avoiding an examination), the employer can exercise his right to apply a disciplinary sanction and, at the same time, remove the employee from work. In this case, a consolidated order (order) is being prepared - on the removal of the employee from work and on the application of a disciplinary sanction to him.
The issuance of such an order (instruction) is possible if, on the first day after the end of the period allotted for inspection, it is possible to obtain from the employee an explanation provided for in part one of Article 193 of the Labor Code of the Russian Federation. Recall that in accordance with this rule, the employer, before applying a disciplinary sanction, must request an explanation from the employee in writing. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction if it is formalized by the relevant act. In the event that the employer has complied with the specified requirements, the issuance of a consolidated order (instruction) will be lawful.
If the employee repeatedly fails to fulfill his obligation to undergo a medical examination, the employer may exercise his right to apply an extreme measure of disciplinary action - dismissal under paragraph 5 of Article 81 of the Labor Code of the Russian Federation.
With regard to the contingents of workers subject to medical examinations of group II (for certain professions, industries and organizations whose activities are related to the production, storage, transportation and sale food products and drinking water, upbringing and education of children, public utilities and consumer services), the employer is obliged to provide employees with personal medical books.
As already noted in § 2 of Chapter 1 of this manual, new form a personal medical book for employees of certain professions, industries and organizations whose activities are related to the production, storage, transportation and sale of food products and drinking water, the upbringing and education of children, public utilities and consumer services, approved by Order of Rospotrebnadzor dated May 20, 2005 N 402.
According to the specified Order, the production of forms of a personal medical book is carried out by the Federal government agency health care "Information and methodological center" Expertise ". It also provides forms of books and holographic stamps for them to hygiene centers and epidemiologists, who issue books based on the results of medical examinations.
The personal medical book indicates:
Surname, name and patronymic of the person receiving the book, and the name of the organization (employer);
Work marks throughout labor activity, transfers to another employer during the validity period of the survey results;
Records of past infectious diseases;
Marks of preventive vaccinations;
The conclusion of the doctor on admission to work based on the results of a medical examination;
The results of examination for tuberculosis, for carriers of pathogens of intestinal infectious diseases;
results laboratory research and examination by a dermatovenereologist;
Research results: for helminthiases, for the carriage of diphtheria pathogens, for the carriage of pathogenic staphylococcus aureus.
In addition, in the personal medical book, marks are made on the passage of the employee vocational training and certification, mandatory for the category of workers in question by virtue of Article 36 federal law dated March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" (as amended on December 31, 2005). The procedure for conducting professional hygienic training and certification of officials and employees of organizations whose activities are related to the production, storage, transportation and sale of food products and drinking water, the upbringing and education of children, public utilities and consumer services, approved by Order of the Ministry of Health of Russia dated June 29, 2000 N 229.
Employees who do not have a personal medical book of the established form, who have not undergone medical examinations and who have not undergone professional hygiene training and certification, cannot be allowed to work that is related to the production, storage, transportation and sale of food and drinking water, the upbringing and education of children , communal and consumer services of the population.
A personal medical book is issued to employees of certain professions and officials in accordance with the established procedure for processing documents:
1) submission by the employer to the territorial center of state sanitary and epidemiological supervision and in transport (water and air) an application for professional hygiene training and certification;
2) conclusion of an agreement with the employer for conducting professional hygienic training and certification;
3) registration and issuance of a personal medical book (without holograms);
4) passing preliminary, upon admission to work, and periodic medical examinations in territorial medical institutions (under contracts);
5) professional hygienic training (training) and certification - control testing, interview, computer exam, filling out test cards or questionnaires in the territorial bodies of Rospotrebnadzor;
6) entering the results of certification into a personal medical book and holography.
As a general rule, a completed personal medical book is issued to an employee, but must be deposited with the employer. The availability of books for employees of the above professions, industries and organizations is one of the objects of verification by inspectors of Rospotrebnadzor.
In exceptional cases, it is allowed to transfer a personal medical book into the hands of an employee - in the event that the employee fulfills his labor function at remote points (for example, the seller of a small retail point), at vehicle(for example, the driver).
