Order on suspension from work due to alcohol intoxication: download sample 2021

Estimate

File type Text document

?

Ask a question Remember: Contract-Yurist.Ru - there are a bunch of sample documents here

SAMPLE ORDER ON THE SUSPENSION OF AN EMPLOYEE FROM WORK city. Moscow October 13, 1994 Order N______ 1. Vladimir Nikolaevich Marchenkov, foreman, to be removed from his position from October 14, 1994, with the payment of wages suspended at the request of the investigative authorities. 2. V.N. Marchenkov should be familiarized with this order against signature. 3. The deputy director must ensure the acceptance of cases from V.N. Marchenkov. Base: post. investigator of the interdistrict prosecutor's office dated October 13, 1994; explanations of V.N. Marchenkov, Art. 38 Labor Code. General Director of JSC Goldstein Ya. A. (169)

Download the document “Sample. Sample order to remove an employee from work »

When to be suspended for medical reasons

The employer is obliged to ensure that working conditions are as safe as possible taking into account the scope of the organization's activities. If continuation of work is contraindicated and will worsen the employee’s health, the employer will either arrange for his transfer to a safe position or issue an inadmissibility to work for medical reasons. The decision is made on the basis of an official medical report issued in accordance with the rules of Order of the Ministry of Health and Social Development No. 441n dated May 2, 2012. The requirement for an employee to provide an official medical report is specified in paragraph. 1 tbsp. 73 Labor Code of the Russian Federation.

Grounds for removing an employee from work

The legal grounds for removal from work are listed in Art. 76 TK. The length of the period is determined by the fact that the reasons that led to the employee’s release from work duties have been eliminated. Salaries for the period of non-admission are not accrued or paid, except in cases of failure to undergo medical examinations or training/certification in labor protection through no fault of the specialist. In these situations, days of absence are regarded and paid as downtime.

Removal from work under the Labor Code of the Russian Federation - general grounds:

• Appearing at the workplace in a state of intoxication due to narcotic, alcohol or toxic intoxication.
• Failure to undergo a periodic (preliminary and other types) medical examination or training/certification in labor protection, as well as a psychiatric examination, if necessary, in accordance with the generally established procedure.
• Identification of various diseases - removal from work for medical reasons is also carried out if contraindications are discovered during the process of undergoing medical examinations to suit the position held. Confirmation of health status is carried out through the issuance of a medical certificate.
• Suspension (up to 2 months) of an employee’s special right - for example, a license to carry a weapon, a driver’s license to drive a vehicle, etc. In this case, dismissal from work under the Labor Code of the Russian Federation is carried out with the provision to the employee of the opportunity to work in another vacant position, including a lower paid one. A specialist's written consent is required.
• Requirement of authorized government agencies or officials, taking into account the norms of legal acts of the Russian Federation.
• Other cases according to the legislation of the Russian Federation.

Note! The organization does not have the right to choose whether to suspend an individual from work or not. If there is a reason, the employer is obliged to comply with the requirements of Art. 76 of the Labor Code and release the employee from performing work duties until the circumstances are clarified. Otherwise, liability threatens, first of all, the company itself, and then its officials.

How to register correctly

The procedure for introducing restrictions on work for medical reasons involves going through several stages. The basis for removal from the current position and transfer to another is medical contraindications. If it is impossible to transfer, then either a complete suspension or dismissal is issued.

To legally issue a suspension from work based on a medical report, follow the instructions:

1. The employee provides the employer with a medical opinion, from which it follows that continuation of activities in the current position is unacceptable;
2. Guided by Art. 212 of the Labor Code of the Russian Federation, the employer removes the employee from his current position by issuing an order.
3. The employer is obliged to make an attempt to transfer the employee to another position, the work in which will not harm his health. To do this, the employer offers in writing the options available to him. The employee has the right to agree to the options provided or refuse. Obtaining the employee’s consent to the transfer is mandatory; no one is forced to work in a particular position.
4. If there are no options or if the citizen does not agree to the proposed transfer, the employer removes the employee completely. Consent is no longer required for complete removal if transfer is not possible; the employer is obliged to ensure that the employee does not remain in a position that is harmful to him.
5. The withdrawal is valid until all contraindications are removed.

The law does not establish strict requirements for how to formalize an act of removal from work for medical reasons. Its text must reflect:

• employer's name;
• Full name, position and personnel number of the employee who is being suspended;
• period of suspension: set clear time limits or indicate that the suspension will last until the restrictions are lifted by the attending physician;
• basis - medical opinion.

The order is signed by the head of the organization or an employee who is authorized to sign such documents by constituent documents or a power of attorney from the head. The suspended employee and all other employees who are affected by the execution of the order are familiarized with its text against their signature.

Order of suspension from work due to alcohol intoxication

Suspension from work is a temporary measure that the employer is obliged to apply if the grounds specified in Art. 76 Labor Code of the Russian Federation. One of these reasons is alcohol intoxication.

In order to prevent such an employee from working, the employer must record the fact that he appeared at the workplace while intoxicated. This can only be done by a medical professional in a medical institution that is licensed to conduct an examination. According to the Methodological Guidelines for Medical Examination, a medical professional can establish 5 states of alcohol intoxication of an employee. The punishment depends on how accurately the doctor determines the patient’s condition.

Based on the medical report, the employer must draw up an order to remove such employee from performing his duties.

The order is drawn up on the company’s letterhead and has its own serial number. The order contains the following information:

• full name and position of the employee who is subject to removal;
• if necessary, then the structural unit must be indicated;
• the period for which the employer does not allow the employee to work. As a rule, such a period is the period necessary to eliminate the grounds for exclusion. In this case, a period is required for the employee to sober up;
• the document on the basis of which the order is drawn up. It is necessary to indicate the number and date of the document, as well as the medical institution that issued this document;
• the full name and position of the person entrusted with the supervisory function of executing and complying with the order;
• position, personal signature of the employer or his authorized person with a transcript;
• position, personal signature and transcript of the signature of the employee who is suspended from work;
• Date of preparation.

The employee must sign the order. This suggests that he is familiar with it. This is done in case the employee decides to challenge the employer’s decision in court. If the employee does not want to sign the order, then the employer must draw up an act, which, in addition to him (or an authorized person), must be signed by 3 more witnesses.

Suspension from work due to alcohol intoxication may be a prerequisite for the dismissal of such an employee.

Example of an order for removal for medical reasons

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 “Employee’s Absence from Work Act – sample” .

Is it possible to fire an employee instead of suspending him?

Dismissal of a citizen due to contraindications to continuing work is possible, but only in individual cases and under the following conditions:

• the duration of the citizen’s contraindications is more than four months;
• the employer does not have other positions to which he could move the employee, or the employee refuses them.

The procedure for removing an employee applies to cases where the contraindications will last no more than four months, if they are longer, or if the employee requires a permanent transfer, and in the absence of other work - dismissal under Part 8 of Art. 77 Labor Code of the Russian Federation. This rule is enshrined in para. 3 tbsp. 73 Labor Code of the Russian Federation.

Upon dismissal on this basis, the employer pays the employee severance pay in the amount of two weeks' average earnings - such an obligation is established for the employer under Art. 178 Labor Code of the Russian Federation.

What is suspension of an employee from work?

Complete removal from work at the initiative of the employer implies preventing an individual from performing the duties stipulated by the employment contract for good reasons. Such an administrative measure does not entail termination (change) of the terms of the contract, but in some cases it may provide for subsequent dismissal as a disciplinary measure. The initiator, as a rule, is the employer, who draws up an order to remove the employee from work. In addition, the law gives the right to demand removal to authorized bodies (officials) if there are relevant provisions in regulations.

How to punish for violations

For an employer, a violation is:

• allowing an employee to work if he or she has health contraindications. Responsibility for this act is established by Parts 3 and 5 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation and implies punishment in the form of a fine for legal entities in the amount of 200,000 rubles or administrative suspension of activities for up to 90 days;
• errors in registering an employee’s challenge, in particular, providing alternative options if available. Such a violation is qualified under Part 1 or 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and is punishable by a fine of up to 70,000 rubles.