Who can be suspended from work? Disputes regarding payment of wages during the period of suspension from work. How to issue an order to remove an employee from work: sample

Grounds for removing an employee from work

Only an employee who, for objective reasons, is unable or should not perform his or her job function can be suspended from work by order. This possibility is directly provided for in Article 76 of the Labor Code of the Russian Federation. It also provides a broad, but not exhaustive, list of situations in which the employer does not have the right to allow an employee to work. There are grounds for the immediate removal of an employee from work: general(applicable to all employees, regardless of their professional experience, position or social status) and special.

General grounds:

appearing at the workplace under the influence of drugs or alcohol;
refusal of mandatory medical examination, vaccination, examination;
presence of medical contraindications for performing work duties;
deprivation of the right to drive a vehicle, carry a weapon, and any other special rights, powers or licenses necessary for work;
unsatisfactory results of an occupational safety knowledge test or refusal to undergo occupational safety training;
requirement of authorized officials or bodies - state sanitary doctor, court, labor inspectorate.

Attention! A request for removal from work by decision of the competent authorities or officials is formalized in the form of a protocol, order, resolution or court decision. Having received such a document or its certified copy, the employer is obliged to suspend the employee for the entire specified period.

Special grounds apply only to certain categories of personnel:

teachers;
employees engaged in underground work;
foreigners and stateless persons.

Foreigners

Foreigners and stateless persons temporarily staying on the territory of the Russian Federation should be removed if the permit document has expired. For example, a patent or health insurance policy issued to an employee, or a permit to hire foreign labor issued to an employer. Foreigners permanently residing in Russia must be removed upon expiration of the residence permit, and temporary residents - as soon as the temporary residence permit expires (Article 327.5 of the Labor Code of the Russian Federation).

★ The period of suspension of a foreign worker in almost all cases cannot exceed one month. If during this time he has not issued new permits, the employment contract will have to be terminated. The restriction does not apply if the permit issued to the employer to hire foreigners has expired. Read more about the fines facing employers for lack of permits in the Personnel Affairs magazine.

Teachers

A teacher can be suspended from work not only on general grounds, but also in the event of criminal prosecution for certain types of crimes: against life, health, freedom, honor and dignity of the individual, sexual integrity, public morality and safety, the foundations of the constitutional order, etc. After receiving a notification from law enforcement agencies, the employer must not allow the employee to engage in teaching activities until the criminal proceedings in the case are terminated or until the court verdict enters into force (Article 331.1 of the Labor Code of the Russian Federation).

Workers engaged in underground work

Underground work is associated with an increased level of danger and requires strict adherence to labor safety rules. Therefore, the removal of an employee from work is permitted in the event of a threat to the life and health of others. In other words, if an underground worker does not use or incorrectly uses personal protective equipment, does not comply with safety standards, or brings prohibited explosive and fire-hazardous items to the site - lighters, matches, smoking accessories and other sources of fire - the employer is obliged to remove him in order to reduce the risk of accidents and accidents at work (Article 330.4 of the Labor Code of the Russian Federation).

The Labor Code does not list all the circumstances that force an employer to issue a suspension from work: the grounds for refusal of admission may be established by separate regulations. For example, personnel at high risk of contracting infectious diseases are not allowed to work unless they are vaccinated ( Art. 5 of Federal Law No. 157-FZ of September 17, 1998). To prevent a frivolous attitude towards health from becoming a source of problems, check the authenticity of all certificates provided by employees and promptly send staff to medical examinations and other preventive measures. An expert from the electronic magazine “Personnel Affairs” will tell you.

General procedure for removal from work: step-by-step instructions

Suspension from work at the initiative of the employer is formalized unilaterally. This means that there is no need to request the employee's written consent or provide advance notice. It is enough to familiarize him with the decision made.

Step 1: Document the reasons

If you discover that an employee came to work drunk, did not undergo mandatory occupational safety training, or gave another reason for dismissal, draw up a memo or act to justify the employer’s decision. Depending on the circumstances, a supporting document may include an official note, a medical certificate, a court order, an order from a State Labor Inspectorate inspector, a certificate certified by witnesses about an employee appearing at the workplace while intoxicated, etc.

Report on an employee appearing at the workplace in a state of intoxication

Step 2: Write a written suspension order.

Reflect the specific reasons, circumstances and timing of the suspension - a specific date or condition under which the employee will be able to return to perform his job duties. Indicate how you will be paid for this period.

Order to remove an employee from work

Download document

Step 3. Familiarize the employee with the order and sign it

If he refuses to sign, draw up a separate act about this or make a note on the order form. Do not make an entry in the work book under any circumstances, but only by decision of the employer. The law does not require temporary suspension from work to be reflected in an employee’s personal card or personal file (the Labor Code of the Russian Federation does not contain a corresponding norm), but in practice such information can be useful, for example, when calculating length of service giving the right to annual paid leave. A note about the duration and reasons for the suspension can be made in the “Additional Information” section.

Step 4: Fill out your time sheet

To choose the right codes, consider the applicable payment procedure. Paid days on which the employee was not allowed to work are marked with the letter code “ BUT" or " 34 ", days without payroll - code " NB" or " 35 ».

As a general rule, no wages are accrued during the period of suspension, although the employee retains his job. An exception is cases where the suspended employee did not undergo a mandatory medical examination or training and testing of knowledge on labor protection through no fault of his own. In this case everything forced downtime will have to be paid in the manner prescribed by Article 157 of the Labor Code of the Russian Federation - in the amount of at least 2/3 of average earnings.

Attention! During the period of removal of a state civil servant from office in connection with the settlement of a conflict of interest or verification of income information, his salary is retained (Article 32 of Federal Law No. 79-FZ of July 27, 2004).

How to issue an order to remove an employee from work: sample

An order is a key document that cannot be avoided in this situation. There is no unified form, so it is compiled in any form taking into account the requirements of GOST R 7.0.97-2016, which establishes current standards for the preparation of organizational and administrative documentation.

Make sure that the order contains the required details:

information about the employer;
information about the suspended employee;
registration number, date and place of document execution;
reference to a legal provision giving the right to remove an employee from work;
the basis for removal with reference to the confirmation document;
the period during which the employee will not be allowed to work;
the procedure for calculating wages during the period of suspension;
data of the official responsible for carrying out the order.

Certify the document with the signatures of all officials mentioned in it and the head of the organization, and then familiarize the suspended employee with its contents and make sure that he signs on the form. This is what a typical order of suspension from work (sample) for appearing while intoxicated looks like:

Since the exact date and time of the employee’s return to normal state are not known in advance, the order specifies the condition under which the violator of discipline will be allowed to work - complete sobering up. Similarly, as a mandatory condition, deadlines are indicated if an employee is suspended for failing to pass a medical examination:

Consequences of suspension from work

Usually, personnel officers have to formalize a temporary suspension from work, which has nothing to do with dismissal and does not require immediate termination of the employment contract. Once the employee proves that he is ready to perform his job duties, for example, he passes a medical examination or has his license reinstated, he will be able to return to production activities. The employer’s task is to make sure that all procedures and documents are completed correctly, and that the circumstances that did not allow the employee to perform job duties are completely eliminated.

Order on allowing an employee to work after suspension

Attention! It is not necessary to issue admission by a separate order if the order of suspension specified specific dates for returning to work.

★ If an employee refuses to comply with the conditions set, for example, does not show up for a medical examination, does not get vaccinated or does not attend occupational safety training, the employer has the right to take disciplinary measures against him. In the event of a gross misconduct, such as showing up at the workplace drunk or failure to comply with safety precautions when performing underground work, creating a threat to the life and health of others, An employee can be fired even for a single violation: what is needed for this, an expert from System Personnel will tell you.

Even highly qualified employees may face removal from work: the grounds and procedure for removal are established in Article 76 of the Labor Code of the Russian Federation. Special conditions applicable to certain categories of personnel are established by Articles 330.4, 327.5 and 331.1 of the Labor Code of the Russian Federation. To prove the validity of the suspension, collect supporting documents. Then issue a written order, which the person being removed must read and sign.

The Labor Code of the Russian Federation provides for removal from work in the cases listed in Art. 76 of this legislative act. Moreover, such a measure is one of the most common reasons for employees to appeal to the labor inspectorate or court. Read our article about how an employer can correctly complete such a procedure.

The procedure for dismissal from work at the initiative of the employer

Suspension of an employee from work is his temporary exclusion from performing his direct job duties. Cases where an employer has every right to prevent an employee from entering his workplace can be seen in Art. 76 Labor Code of the Russian Federation:

a person being under the influence of alcohol, drugs and other toxic substances;
the employee lacks medical and psychiatric clearance for his professional activities;
medical contraindications identified as a result of the regular medical examination and incompatible with his work activities;
requirements of government bodies or officials authorized to do so in accordance with the legislation of the Russian Federation.

During suspension from work, the employee is not paid his due salary.

In practice, there are often situations when the removal of an employee was declared illegal by a judicial authority. Therefore, the employer should carefully consider this procedure and not violate the requirements of Art. 76 Labor Code of the Russian Federation. Otherwise, if such a suspension is considered illegal, it will be recognized as forced absenteeism, and the employer will bear financial responsibility for his actions.

All working days of forced absence will have to be paid to the employee. The employee has the right to payment of lost earnings, which could have been accrued to him if he had been at the workplace and performed his labor functions. In case of forced absence, an employee can also count on monetary compensation for moral damage caused.

Each removal of an employee from his work, as well as his absence from the workplace, should be recorded in an act. To draw up such a document, it is necessary to create a commission, which can also include members of the labor protection department. In the future, this will help confirm the legality of the employer’s actions.

You will learn how to correctly draw up an employee’s absence from work report from our article. “Act on the absence of an employee from the workplace - sample” .

Removal of an employee from work for medical reasons

A number of professions and positions require an initial and subsequent medical examination. For example, workers in the catering and food industry: salespeople, bartenders, cooks, waiters, support workers and others. Employees of educational institutions are required to undergo a psychiatric commission: kindergarten teachers, teachers of secondary and higher educational institutions, school teachers.

If an employee has not passed the necessary commission and has not received a proper medical certificate allowing him to work, then he may be suspended from work. If, during the next medical examination, he does not receive permission to work, he is also suspended from work until he receives an appropriate positive medical report.

Moreover, if an employee has been recognized as a disabled person of group 1 according to a medical and social examination and is incapacitated for work, then the employer can terminate the employment contract with him. If a disability of group 2 or 3 has not been established, and the person does not want to work anymore, then he can resign of his own free will (Article 80 of the Labor Code of the Russian Federation).

Find out about the procedure for dismissing an employee at your own request from our article “Procedure for voluntary dismissal” .

If the employee wishes to remain at work, the employer is obliged to create working conditions suitable for his further work activity in accordance with the individual rehabilitation program.

The removal of an employee from work is formalized by an appropriate order from the head of the organization. It should reflect the reasons why the employee is not allowed to work. The order will serve as the basis for the accountant to suspend payroll. You can download a sample order to remove an employee from work on our website.

In addition to the act and order, the employee’s explanatory note regarding the refusal to undergo a medical examination, a medical report received by the employee, a memo and others can also confirm the legality of the employer’s actions.

Results

Cases of removal of an employee from work are prescribed in Art. 76 Labor Code of the Russian Federation. Each such removal must be documented: by a special act, order, and others. If the dismissal is found illegal, the employer will be financially liable to the employee.

30.08.2013

Is the employee intoxicated at the workplace, has the driver’s license been revoked, or is the employee unable to perform his or her job duties for other reasons? What to do in such a situation? After all, the person seems to have gone to work, but in fact cannot work. In this case, it is better to remove the employee from work. Let's figure out how to do this correctly without violating labor laws.

If there are certain reasons, the employer is obliged to remove the employee from work.

This action is carried out on the basis of Article 76 of the Labor Code. It contains a list of grounds that allow the removal of an employee. Despite the fact that the list is open, the employer is not given the right to provide for any other grounds for removal in local regulations (collective agreement, job description, etc.). This list can only be supplemented by provisions contained in regulatory legal acts.

Suspension from work is a temporary suspension of the labor relationship between an employer and an employee, and no wages are paid during this period.

Grounds and features of removal

Labor legislation provides for all the most common reasons why an employee can be removed from work. Moreover, almost every case has its own characteristics.

First of all, we are, of course, talking about showing up at work in a state of alcohol, drug or other toxic intoxication. Such a condition can be confirmed both by a medical report and by testimony of witnesses, recordings of CCTV cameras, etc. Moreover, in practice, on this basis, a person is suspended even if there are consequences of corresponding intoxication.

Suspension from work due to intoxication does not prevent the employer from applying a disciplinary sanction to the employee: reprimand, reprimand, dismissal on appropriate grounds.

It is also possible (or rather, necessary) to be suspended if the employee has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner. The same can be said about situations where an employee does not undergo a mandatory medical examination or psychiatric examination.

Employees may be subject to suspension if, in accordance with a medical report, contraindications for performing work stipulated by the employment contract are identified. If the medical report does not contain information about the period for which work is contraindicated for the employee, then the employer independently determines it as “until the causes and circumstances that served as the basis for removal are eliminated.”

However, if the prison term is less than four months, the employer, based on the provisions of Article 73 of the Labor Code, must offer the employee another job available to him, which is not contraindicated for health reasons. The employee is suspended while the transfer to another position is being processed. If the employee refuses the transfer or there is no suitable position in the organization, then the suspension is carried out for the entire period specified in the conclusion.

The document may also indicate a period of more than four months or contain information about the need for transfer on an ongoing basis. In this situation, the dismissal is not formalized, since the employer must offer the employee another job that is not contraindicated for him (Article 73 of the Labor Code of the Russian Federation). If the transfer is refused or there is no corresponding work, the employment contract is terminated on the basis of clause 8 of part 1 of Article 77 of the Labor Code.

For your information

The length of service that gives the right to annual paid leave includes the time of suspension from work upon subsequent reinstatement to the previous job, as well as the period of suspension of an employee who has not undergone a mandatory medical examination through no fault of his own (Article 121 of the Labor Code of the Russian Federation).

An employee can be suspended from work due to the suspension of a special right (license, right to drive a vehicle, right to carry a weapon, etc.) for up to two months. In this case, the employer can remove the employee only if the following conditions are met:

suspension of the special right entails the impossibility of the employee fulfilling his duties under the employment contract;
there is no possibility of transfer to another job available to the employer, which the employee can perform taking into account his state of health.

The employer has the responsibility to offer all suitable vacancies that he has in the area where the employee works. At the same time, the employer is obliged to offer vacancies in other localities only if this is provided for in a collective or labor agreement or additional agreements.

Particular attention must be paid to the period of suspension of the special right. If it exceeds two months or the employee is completely deprived of a special right, then the employment contract is terminated in accordance with paragraph 9 of part 1 of Article 83 of the Labor Code.

It is also necessary to suspend employees at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation, for example, a labor inspectorate or a court.

Thus, on the basis of Article 357 of the Labor Code, the labor inspectorate has the right to issue orders to employers (their representatives) to remove from office in the prescribed manner persons guilty of violating labor laws. At the same time, the inspectorate also has the right to issue orders to remove from work persons who have not undergone training in safe methods and techniques for performing work, instruction in labor safety, on-the-job training, and testing of knowledge of labor safety requirements in accordance with the established procedure.

Also, in accordance with Article 114 of the Criminal Procedure Code, the court, upon a petition initiated with the consent of the prosecutor by the inquiry officer or investigator, has the right to issue a decision on the temporary removal of the suspect or accused from office. In this case, the basis for canceling the temporary suspension is the corresponding decision of the inquiry officer, investigator, prosecutor.

And finally, the Labor Code contains such grounds for removal from work as “other cases provided for by federal laws and other regulatory legal acts.” An example is Part 2 of Article 32 of the Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”. This provision provides for the right of the employer's representative to remove a civil servant from the civil service position being filled during the period of resolving a conflict of interest. Thus, the employer, even if there is no desire, will be obliged to remove the employee.

Labor legislation does not establish specific terms for removal from work. However, the employer can suspend the employee only for a period of time until the circumstances that served as the basis for the suspension from work are eliminated. At the same time, the question remains open as to whether or not the employee is obliged to be present at the workplace from the moment the suspension is formalized, since upon dismissal the employment contract does not terminate. This issue is best resolved in a collective or employment agreement.

For your information

After eliminating the reasons that served as the basis for removal from work, it is necessary to obtain permission to work. If the end of the suspension period is specified in the order by a specific date, then when it occurs, the order automatically ceases to be in effect.

They don't pay for air?

As a general rule, no salary is paid during the period of suspension. But there are exceptions. For example, in the event of the suspension of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a medical examination through no fault of his own, he is paid for the entire period of suspension from work as if he was idle. And paragraph 2 of Article 14 of the Law of July 31, 1995 No. 119-FZ “On the Fundamentals of the Civil Service of the Russian Federation” establishes that during the removal of a civil servant who has committed official misconduct, his salary is retained.

Although wages are rarely paid, some workers may receive benefits. For example, those suspended from office under Article 114 of the Criminal Procedure Code, who are paid a monthly state benefit in the amount of the subsistence level of the working population.

It should be remembered that the length of service that gives the right to annual paid leave includes the time of suspension from work upon subsequent reinstatement to the previous job, as well as the period of suspension of an employee who has not undergone a mandatory medical examination through no fault of his own (Article 121 of the Labor Code of the Russian Federation).

Paperwork

It is also important that the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Unlawful dismissal from work is also considered such a case. Most often, this action is considered illegal if the removal occurred on grounds that are not provided for by law, or if there are no reasons for the removal at all. Problems may also arise if the suspension is not completed correctly.

The decision to remove an employee from work is formalized by order. However, its unified form has not been approved, so it is compiled in any form. This should not be a reason to consider this document an “unsubscribe”, since on its basis the payment of wages is suspended.

The order of removal must indicate:

last name, first name, patronymic of the employee, his position;
the circumstances that served as the basis for the employee’s removal;
documents confirming the existence of grounds for removal (acts, memos, medical report, etc.);
period of suspension;
whether wages are accrued or not.

Particular attention should be paid to the period for which the employee will be suspended. The employer is obliged to suspend the employee for the entire period until the circumstances that served as the basis for the suspension are eliminated. Therefore, the order must reflect the start and end dates of the suspension. This will not be a problem if the period of suspension, for example, is indicated in a medical report or an official’s resolution.

But what to do if at the time of drawing up the order it is impossible to determine the period (the employee went to work in a state of intoxication or the court order states that the employee is suspended while the criminal case is being considered)?

In this case, the order should state: “The employee is suspended from work until the violations are eliminated.”

The order is issued on the organization's letterhead and signed by the general director or an authorized person. Next, the employee should be familiarized with the order. If he refuses to sign it, then it is necessary to draw up an act of refusal to sign and familiarize himself with the order.

If the order determines that the employee is suspended from work until the circumstances that served as the basis for the suspension are eliminated, then it is necessary to issue an order for admission to work. The order indicates: full name of the employee and his position; the date from which he is allowed to work; grounds for admission; The accounting department is given instructions to resume payroll. This order is also issued in the case where the employee has eliminated the reasons for the suspension before the end date of the suspension specified in the order. Next, the employee must be familiarized with the order; if he refuses to sign it, then an act is drawn up.

O.V. Michugina, labor law expert

There are certain grounds on which the manager is obliged to remove the worker from his position. These criteria are thoroughly described in Article 76 of the Labor Code of the Russian Federation. The article will provide detailed information about what opportunities are available in the labor code (abbreviated as LC) for dismissing a worker.

In what cases is an employment contract terminated?

The process of terminating an employment contract may occur in the following cases.

By mutual desire.
The expiration of the employment agreement is at the will of the employee or at the will of the manager.
Transfer to another position at the will of the employee.
Refusal to return to work due to a change in management, property owner, or reorganization.
Refusal to work due to changes in the terms of the employment agreement.
Refusal to transfer to another job due to health inadequacy according to medical certificate for the current position.
Reluctance to return to work due to the manager's move to another place of work.
Circumstances beyond the control of both parties.
Failure to comply with the rules of the employment contract.

When is an employer obliged to remove an employee from work and on what grounds?

Before answering the question, we note that there are two concepts in jurisprudence:

Removal from work - the manager is obliged to fire the person .
Termination of an employment contract - the worker is temporarily dismissed with a delay in wages, while his place of work remains with him.

In what cases is an employer obliged to remove an employee from his position? Based on this, we can list the reasons for which a manager is obliged to remove an employee from his position:

An employee is observed at the place of work under the influence of alcohol, drugs, toxic or other influences.
The employee has not undergone appropriate testing of training and acquired skills in the field of occupational safety.
Refusal of preliminary or periodic medical examination. Additional details on what to do if an employee does not undergo a periodic medical examination are available in this material.
Detection of any diseases, infections, etc. after undergoing a medical examination.
In the event of a request from official bodies authorized by federal laws, and in other cases justified by federal or other regulations.

By the way, in certain cases, an order of suspension from work for failure to undergo a medical examination is prepared - a sample is in this article.

How to suspend an employee from work - the procedure for removing an employee from work

The procedure for removing an employee depends on the reason, the sequence is as follows:

Documents are drawn up confirming the reason for dismissal: acts documenting the act, a report, refusal to undergo a medical examination, etc.
Based on existing documents, a removal order is issued.
After eliminating the reasons, an order is created allowing for work.

How long is the suspension period for an employee?

The duration also depends on the reason for this suspension. In addition, the period of suspension depends on the expediency of the statement, since in some cases it is impossible to establish. For example, if a person becomes infected with an infectious disease, then the time of his complete recovery is unclear. Or, if a person is involved in complex legal proceedings, it will be difficult to answer the question. It is worth focusing on specific circumstances.

Sample order to remove an employee from work

The document ordering the dismissal of a worker must have a serial number and is drawn up on the company’s letterhead. It must also contain the following information:

Last name, first name and patronymic and position of the person being removed.
The period for which the employee is suspended. The suspension in the order is issued for a period of time until all the reasons for the suspension are eliminated. If a case arises when a person needs to be suspended for a period of up to 4 months, the manager is obliged to offer another position.
Payment for the period during which the employee is dismissed. The manager can pay for this period in the amount of 2/3 of the salary.
Full name of the person who is obliged to monitor the progress of the process of compliance with the order.
Reason for dismissal. The order must mention the document that served as the basis for the dismissal, as well as the institution that issued it.
Manager's position and signature.
The position of the person being suspended, his signature and transcript in case the person being suspended challenges this decision in court.

If there are compelling circumstances or reasons for this, the manager may decide to remove the employee from work. To do this, the removal process must be formalized in a certain way. In this article we will consider the order in which an employer is obliged to carry out dismissal from work, as well as the reasons that can lead to dismissal.

The employer has the right to carry out temporary suspension from work on the basis of Article 76 of the Labor Code of the Russian Federation. The fact of dismissal does not mean that the employment relationship with the employee has been terminated or changed. A temporary suspension is necessary in order to avoid paying wages to the employee for some time. If the employee is not at fault, then removal implies forced downtime, in accordance with which his payment is made (Article 157 of the Labor Code of the Russian Federation). Suspension of an employee is a last resort and can only be used if there are sufficient grounds for it. The Labor Code (Article 76 of the Labor Code of the Russian Federation) contains a list of such grounds.

At the same time, you need to understand that whether or not to remove an employee from work depends on the circumstances that influence this. In this case, the employer fulfills its obligation and does not exercise the right to release the employee from work.

Rules for suspension from work

The decision to remove an employee from his work duties is made not only by company managers, but also by employees of government agencies or judicial bodies authorized to make such decisions.

Depending on what the company does and the circumstances that give rise to the suspension, the rules applicable to the suspension will vary. Let's consider the rules, which are similar for all situations:

The clarified circumstances that do not allow the employee to be allowed to work must be documented. As documentary evidence, an act of release from mining activities can be drawn up, which records the employee’s data, as well as the reasons and grounds for the removal;
The decision taken on dismissal from work must be formalized in accordance with the procedure established by law;

Important! The employee has the right to go to court to determine the legality of suspension from work. Therefore, it is important for the employer to follow all the rules for registering release from work.

Grounds for suspension from work

Grounds for dismissal from work include:

The appearance of an employee in a state of intoxication (alcohol, drugs, etc.);
The employee has not undergone training or testing of knowledge of labor protection;
The employee did not provide a certificate confirming that he has undergone a mandatory medical examination or a psychiatric examination, if such a certificate is necessary to fulfill his job duties;
Deprivation of a license necessary to perform a certain type of activity;
Expiration of the special right. Special rights mean the presence of special knowledge, skills or abilities that are confirmed by a special document (for example, a driver’s license, a doctor’s license);
The employee has received a decision from the medical commission about the deterioration of his health, or a certificate that provides for restrictions on the performance of certain types of work;
A decision of the court or law enforcement agencies.

Suspension from work

The procedure by which removal from work occurs primarily depends on the grounds that led to such an action. The removal must be confirmed by specific facts; for this purpose, for each case of removal there must be documentary evidence of such a fact.

For example, if an employee appears in a drunken state, this fact is confirmed by an act made on the basis of an examination by specialists. For this purpose, medical specialists are invited to confirm this fact. The immediate supervisor of the offending employee draws up a memo addressed to the head of the company. After reviewing such documents, the manager makes a decision to remove the employee from work and issues an appropriate order.

Important! If, when checking an employee by doctors, it turns out that he cannot continue to work in his previous position, or under the same conditions, a decision of a special commission is sent to the head of the company.

The manager, having received the commission’s conclusion, must decide on such an employee. If this is necessary, the employee is released from work or transferred to another position if there are suitable vacancies in the organization. If none of the manager’s decisions can be applied, the employee is fired.

However, the suspension in different cases will depend on the specific reason. Let's assume the driver's driver's license has expired. In this case, the manager releases him from work for up to two months in order to replace the document. After this period, the employee is allowed to work again.

Procedure for registering suspension from work

In order for an employer to legally prevent an employee from performing his job duties, it is necessary to follow the registration procedure in accordance with current legislation.

One of the important documents is the manager’s order to remove the employee, which he issues on the basis of special documents confirming the employee’s ability to perform his official duties.

Such documents include:

A medical examination report confirming that the employee was intoxicated (alcohol, drugs, etc.);
An act of dismissal of an employee due to the lack of necessary documents confirming completion of training and/or successful passing of a knowledge test on labor protection;
An act drawn up to confirm that the employee does not have a medical report on his state of health;
A document confirming the employee’s inability to perform his or her job duties due to health reasons;
Other documents of official significance.

The order is drawn up as follows:

Full name of the employee, his position, indicating the structural unit;
The period for which the employee is released;
The procedure for payment for the period of inactivity, and if the suspension is due to the fault of the employee, the employer may not pay for this period. The manager indicates the payment procedure in the order;
The grounds on which the employee is suspended;
Signature of the manager and employee.

The employee must be familiarized with the order against signature. If the employee refuses to do this, then a corresponding act is drawn up. An act is drawn up in the presence of at least two witnesses.

Time sheet

During the entire period of release from work, it is necessary to make appropriate notes on the working time sheet. If companies have exercised their right and do not maintain such a document, then nothing will be required. If an organization draws up a time sheet, then the following designations are used:

“NB” - if the employee is released from his work duties without accrual of wages;
“BUT” – if during the period of release the employee retains an average salary;
“PV” – if the employee is on forced absence and this time is paid.

It is important for employers to remember that any removal of an employee from performing his or her job duties must be carried out in accordance with current legislation. The grounds that served as the reason for the removal must be sufficiently compelling, and most importantly, documented. If the procedure for carrying out the removal is violated, it can lead to proceedings between the employee and the employer in court, which in turn can lead the company and its officials to administrative liability.