The Labor Code of the Russian Federation in Article 76 provides for the obligation of the employer in a number of cases not to allow the employee to perform labor functions, that is, to suspend him from work. It is very important to properly formalize the suspension so that later the employee cannot challenge its legality in court.
Necessary
- - Labor Code of the Russian Federation;
- - documents-grounds for dismissal.
Instructions
Step 1
Please note that the law establishes several grounds for suspension from work:
- appearance at the workplace in a state of alcoholic, narcotic or other toxic intoxication;
- if the employee has not passed training and testing of knowledge in the field of labor protection;
- if the employee has not passed a mandatory medical examination, and, if necessary, a psychiatric examination;
- if the employee is contraindicated in the performance of official duties, and this is confirmed by a medical report;
- deprivation of an employee for up to two months of a special right necessary to perform duties (for example, a driver's license, licenses, etc.) and the inability to transfer him to another job;
- at the request of bodies and officials authorized by law;
- other cases provided for by the legislation of the Russian Federation.
Step 2
Each of the listed reasons must be accompanied by a supporting document. For example, when depriving an employee of the right to drive a vehicle, when initiating a criminal case against him related to the need to suspend him from work, use the relevant ruling or court decision as the basis. When an employee appears at work drunk, you will need a report from the immediate supervisor, an act of violation of labor discipline, drawn up in the presence of witnesses, a medical report.
Step 3
In accordance with the document justifying the suspension, prepare an order or order signed by the head of the organization. Indicate in it the reason why the employee is not allowed to perform official duties.
Step 4
Also, indicate the length of time he will be suspended from work. As a rule, this period lasts until the problems that hinder the performance of labor functions are resolved. But if at the time of issuance of the order it is difficult to establish the expiration of the term, you can not limit it to a specific date, for example, "until healed", "until the completion of training."
Step 5
Make a note in the order or order for the accounting department that the employee will not be paid for the period of suspension. Be sure to identify who will act as the suspended employee.
Step 6
Familiarize the employee with the order against signature. If he refuses to sign, file his refusal with an act in the composition of a commission of at least three people (for example, the head of the personnel department, the immediate supervisor of the offender, legal adviser).
