In some cases stipulated by law, the employee is allowed to be suspended from work. For this, an order is issued, the basis of which is supporting documents. When an employee is suspended from the performance of official duties, the salary is not charged. When the grounds have been exhausted, an order is drawn up to revoke the suspension order.
- - Labor Code of the Russian Federation;
- - The Criminal Procedure Code of the Russian Federation;
- - order form;
- - documents that are the basis for dismissal;
- - employee documents.
In case of violation of labor discipline, for example, the appearance of an employee in a state of narcotic, alcoholic intoxication, you have the right to suspend the specialist from work. To do this, draw up an order. There is no special form for such an order, so use the form developed by the company.
Indicate the name of the organization (full, abbreviated). Write the number. The date of the order. Enter personal data, the name of the position, the department where the specialist is registered. Include a certificate from a doctor or other competent person as the basis for the order. In case of alcoholic, drug intoxication, the conclusion of a medical officer is a mandatory procedure.
In the column of the subject of the order, write the removal of the employee from the performance of the labor function. If it is possible to determine the expiration date of the order, write it down.
When a specialist is removed from work in the event of a criminal case being initiated against him, it is usually impossible to determine the expiration date of the order. This is because a trial and investigation can take anywhere from one to two years. In such a situation, indicate the notification of the relevant authority as the basis for the order. When clearing the charges against the employee, issue an order to cancel the administrative document on the suspension from the performance of labor functions. In this case, the basis will be the decision of the prosecutor, investigator or inquiry officer.
When an employee is suspended from work for medical reasons, for example, the employee has an infectious disease, issue an order, the effect of which can be terminated in the event that the specialist has completely recovered from the disease.
In parallel with the suspension order, issue an order to suspend employee benefits. If the date of termination of the foundation is known, indicate it in the administrative document.
The Labor Code of the Russian Federation and other federal acts of the Government of the Russian Federation provide for liability for illegal suspension from work. To terminate the payment of wages, one must be guided by Article 76 of the Labor Code of the Russian Federation, which provides a list of grounds for dismissal.