Suspension from work is a duty

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Often, in order to do their job, a person must meet a number of conditions defined by labor laws. Otherwise, suspension from work is necessary. This procedure is possible only in cases specified by law, it is not the right of the employer, but his obligation.

In particular, on the basis of the Labor Code of the Russian Federation, suspension from work should occur in cases where:

- the employee has not passed the mandatory psychiatric examination or medical examination;

- the doctor determined that the worker could not perform his work for medical reasons;

- the employee came to the workplace in a state of intoxication (drug, alcohol, toxic);

- the person did not pass the test of skills and knowledge, as well as training in labor protection;

- the right to drive a car, carry weapons and the like has been taken away from the employee, while he cannot be transferred to other jobs or carry out his labor function;

- this was required by various supervisory authorities or persons authorized by law;

- there are other obstacles to work,determined by applicable law.

Suspension is made for a period until the reasons for which it occurred are eliminated. It must be ordered. If the suspension from work occurred due to the fact that a person was in a state of intoxication, he can be allowed to work only after his condition returns to normal. For the case of deprivation of any special right - up to the restoration of the right. As a rule, the issuance of an order must be preceded by a document indicating that the employee should be removed from work. It must indicate the reasons for which the suspension from work is necessary. This is especially important when it can only be done under certain conditions. For example, when a person does not want to be transferred to another job that he is not forbidden to perform due to his he alth.

If the suspension of an employee from work occurs with non-compliance with procedural issues, then it can turn into negative consequences for the employer, especially in litigation. The court may invalidate the order and oblige the employer to pay for forced absenteeism. In most cases, when the employee is suspended from work, the salary is not accrued. An exception is cases when he was not able to pass a knowledge test and training in labor protection or a mandatory medical examination. In this case, the suspension period is paid in the same way as downtime is paid (due to the fault of the employer, due toreasons beyond the control of the parties). It should be understood that suspension from work is not the release of an employee from work, which is a guarantee that ensures the preservation of his earnings and workplace. Cases of release from work are also stipulated by law, but can be supplemented by a collective agreement or a local act of the organization.