Order to remove an employee from work - sample

Conditions for legal removal from work

An employer cannot prohibit an employee from appearing at the workplace on his own initiative without dismissing him. All situations where a company is obliged to temporarily suspend an employee from performing his duties are strictly regulated by law. To them, according to Part 1 of Art. 76 of the Labor Code of the Russian Federation includes:

• showing up at work in a state of any kind of intoxication;
• ignoring medical examination, safety and labor protection instructions;
• the presence of medical contraindications to performing the assigned work;
• expiration/suspension of up to 2 months of documents giving the right to perform certain actions necessary to perform official duties;
• requirement of officials and supervisory organizations authorized by law.

There are also specific grounds for removal from work provided for in the Labor Code of the Russian Federation:

• expiration of a patent or work permit for a temporarily arrived foreign employee (paragraph 3, part 1, article 327.5 of the Labor Code of the Russian Federation);
• lack of personal protective equipment for an employee engaged in underground work (paragraph 3, part 1, article 330.4 of the Labor Code of the Russian Federation);

Other regulations may also provide for circumstances requiring mandatory removal of an employee from work.

All the nuances of the process of removal from work are disclosed in the material “Procedure and conditions for removal from work, including quarantine due to coronavirus.”

IMPORTANT!

The presence of one of the circumstances provided for by law imposes a direct obligation to restrict the employee’s access to the workplace. has no right not to do this at its own discretion .

What is suspension from work

This is the employer’s request for the employee to suspend the performance of his direct work duties due to the occurrence of appropriate circumstances.

At the same time, such a suspension can be used as a disciplinary sanction, the application of which occurs much less frequently than others, since the personnel department is involved in it.

Suspension can be either temporary until the cause of the incident is clarified, or permanent.

What are the rules for suspension from work? Watch this video:

The legislative framework

The entire process of suspending the performance of duties by an employee is regulated by Art. 76 of the Labor Code of the Russian Federation - the occurrence of reasons that definitely make it clear that the employee will not cope with his duties due to the prevailing circumstances, the employer or immediate superior has the right to remove him.

Art. 327.5 of the Labor Code of the Russian Federation indicates the possibility of removing a foreigner if his official residence permit in Russia has ceased to be valid.

Labor Code of the Russian Federation Article 327.5. Peculiarities of removal from work of an employee who is a foreign citizen or stateless person

Along with the cases specified in Article 76 of this Code, the employer is obliged to remove from work (not allow to work) an employee who is a foreign citizen or stateless person in the event of: suspension, expiration of the permit to attract and use foreign workers, for with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation; expiration of the validity period of a work permit or patent, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation; expiration of the validity period of a temporary residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily residing in the Russian Federation; expiration of the validity period of a residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person permanently residing in the Russian Federation; expiration of the validity period of a voluntary medical insurance agreement (policy) on the territory of the Russian Federation or termination of an agreement concluded by an employer with a medical organization on the provision of paid medical services to an employee who is a foreign citizen or stateless person, which ensures the provision of primary health care and specialized care to such an employee emergency medical care, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation.

In addition, suspension from work is provided for:

• Art. 330.4 of the Labor Code of the Russian Federation for subway workers;
• Art. 331.1 of the Labor Code of the Russian Federation for teaching staff;
• Art. 348.5 of the Labor Code of the Russian Federation, suspension of an athlete.

Grounds and reasons for such actions

The law provides for the following reasons for removal:

• Appearing at the workplace in an indecent manner – alcohol or drug intoxication;
• Lack of medical examination required by local regulations or legislation;
• Refusal to undergo or failure to undergo safety training;
• Determination by a medical examination that the worker’s health is not adequate to perform his duties;
• Lack of a valid license to perform duties;
• Request by authorized persons to remove an employee from performing duties.

Important: if an employee is not allowed to perform his duties, he is not paid a salary. The average earnings are preserved in the event of the enterprise's fault.

The listed reasons are grounds for removal subject to formalities and in the presence of the following features:

1. Alcohol intoxication - dismissal is permissible only in case of this condition during the shift, and not after it, and the fact of indecent condition must be documented, this means that:

• An examination by a specialist followed by a conclusion is required;
• Drawing up an act. Here you will learn how to draw up a report on an employee being intoxicated;
• Testimony of witnesses;
• Explanatory note from the guilty party.

If these points are not fulfilled, the dismissal will be unlawful and the suspended person will be able to challenge it with further reinstatement and payment of earnings for the period of inactivity.

1. Passing a medical examination is necessary for admission to work, however, the entire event is carried out according to a pre-drawn schedule and only in the institution with which the employer has an agreement.

Important: if these documents are not available, the employee has the right to refuse to undergo a medical examination, especially if there are requirements to undergo it at his own expense and on a day off.

Sample order for dismissal from work.

According to legislative acts, the medical examination is paid for by the employer and at the time of its implementation the employee retains his average earnings.

Only if all factors are met, the employer has the right to remove the employee from duties in case of refusal to comply with the requirements.

1. Having undergone training - removal in this case should only be carried out according to the procedure:

• Gathering of an authorized commission based on the order of the head;
• Testing the applicant's knowledge;
• Assigning appropriate points.

Only after all this is it permissible to accuse the employee of non-compliance with safety rules or ignorance of them and remove him from work.

1. Medical indicators - it is permissible to perform everything only according to the conclusion of doctors. Here you will learn how and where to get a health certificate for work.

If this document is available, the employer is obliged to follow the legislative acts and transfer the employee to lighter work for a period of up to 4 months; if such a position does not exist at the enterprise, it is permissible to remove the specialist from duties for this period or for a period until he becomes disabled.

1. Lack of a valid license - this option is provided if a specialist occupies a workplace, access to which requires certain permits - a license, a patent. These could be drivers, security guards, medical staff.

In this case, the employer should remember that he is often responsible for the availability of such a document, since the law obliges the enterprise to timely test the knowledge of employees and send them to advanced training.

1. An order from authorized persons - usually it comes from the labor inspectorate after a regular inspection or as a result of confirmation of the fact that the employee is a carrier of a dangerous infectious disease.

Important: in this case, the employer has no choice but to remove the person from performing duties on the basis of this document until the facts are clarified.

Sample order for dismissal from work.

What to do if the employee is a foreigner

Not allowing a foreign citizen working on the basis of permits to perform duties also has certain nuances.

According to legislative acts, it is permissible to remove him in the following cases:

• Expiration of the validity period of the enterprise’s permits for the use of labor of foreign citizens;
• Expiration of the foreigner's patent;
• The medical policy has expired;
• The residence permit document has expired.

You will learn how to correctly conclude a civil contract with a foreign citizen in the publication at the link.

General procedure for drawing up an order for removal

There is no officially designated form for drawing up an administrative document on removal .

Before its publication, it is necessary to obtain a justification - an act, an official or memorandum, an official medical report or an order from a supervisory organization.

The order to remove an employee from work includes the following details:

• FULL NAME. employee;
• name of the reason for removal;
• an indication of the document that served as the basis for issuing the order;
• the duration of the ban on visiting the workplace;
• if the restriction applies only to certain duties (if the right to perform them is lost), it is necessary to provide a list of specific job functions.

The document also indicates that will not be paid wages during the suspension .

The employee must be familiarized with the order against signature. Also, if it mentions other persons (for example, an accountant) who must perform any actions, they should also be familiarized with the order.

IMPORTANT!

If the suspended person refuses to sign the order, an act should be drawn up to record this point.

Sample order for suspension from work

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.

Is it necessary to issue an order for permission to work after suspension?

The period of suspension from work may be determined by a fixed date. But most often, the end of exclusion from performing labor functions is associated with the cessation of the circumstances that caused it. For example, suspension for failure to undergo a medical examination ends after the examination has been carried out and a conclusion has been issued by the medical commission. From this date the employee begins work.

Although the law does not require the issuance of an additional document, in practice it is still often formed. Like most such documents, the order for admission to work after suspension does not have a unified form. The organization develops it independently.

It must indicate:

• FULL NAME.;
• position of the person starting work;
• date of resumption of activity;
• grounds for termination of suspension;
• an indication of the need to start accruing salaries.

The employee going to work also gets acquainted with the order by signing it.

Procedure (registration of suspension from work)

How to formalize suspension from work? In many cases, the formalization of removal depends on the rules of the organization itself and the grounds. In some industries - transport, food, public catering - this procedure has been simplified.

If a circumstance is discovered that serves as a reason for preventing an employee from performing work duties, it is recorded in writing.

For this purpose, a memorandum or act is drawn up addressed to the manager. They are signed by the originator and witnesses.

According to the general rules, removal is issued in the form of an order or regulation; a unified form has not been developed for them. The document is signed by the head of the organization .

The order states:

• 
  the circumstances due to which such a need arose;

• the period for which the employee is suspended (if this can be determined) or the action taken (for example, undergoing a medical examination);
• if necessary, who will perform the duties of the suspended person.

If it is necessary to quickly remove, for example, a drunk employee, a simplified procedure is used.

Then the removal occurs on the initiative of a medical service worker, based on data from a pre-trip examination, by direct management. But an order or instruction will still be required, since such a measure is usually associated with the cessation of payroll.

Pay does not always stop. If the circumstances due to which the employee was suspended were not his fault, accruals continue, but in the amount of 2/3 of earnings.

Sometimes there is a need for a temporary transfer, for which the personnel department looks for a vacant position.

A pregnant woman is removed from work for medical reasons if she needs easier work. She retains the average salary for her previous job.

Until feasible work is found for her, she can exercise her right to release. In this case, she also retains her average earnings.

sample order for dismissal from work.

Suspension from work due to intoxication

If an employee shows up to work drunk, under the influence of toxic substances or drugs, then the algorithm of actions is as follows:

1. Prepare an order to create a special commission;
2. Draw up an act on the detected violation in the form of intoxication;
3. Send the employee for a medical examination to obtain additional confirmation - the employee has the right to refuse it before the start of the procedure or at the time of its implementation;
4. Write a memo for the director of the organization. Read also the article: → “Writing a memo: sample.”
5. Approve the order to remove the worker.
6. Put the mark NB on the report card - digital code 35.

It is not necessary to record the fact of suspension in your personal card and work book. No payment will be made for days of suspension.

How to draw up an order to remove an employee from work

The content of the order must comply with generally accepted standards of personnel records management (according to GOST R 7.0.97-2016). You can fill out the document on the employer’s letterhead or on a regular A4 sheet. Include mandatory information in the resolution.

Order on temporary suspension from work - what data to reflect:

• Name of the employing company.
• Title of the document, number, date and place of its publication.
• Position, full name of the employee who is suspended from work.
• Regulatory basis for non-admission to work (a link to legislation is provided).
• Documentary basis for non-admission to work (details of documents confirming the offense are indicated).
• Period of suspension (date or condition), payment procedure.
• Persons responsible for executing the order.

The order is approved by the head of the organization. The text of the document is brought to the attention of the employee under his personal signature. If the latter refuses to sign, an act is drawn up with the involvement of two witnesses. There is no need to affix a stamp or seal of the organization.

As a rule, the order is filled out in one copy. If necessary, a copy is made for the employee. No entries are made in the employment record of the individual regarding the removal. They can be entered into a personal card (in the section with additional information) at the discretion of the employer. In the timesheet, unpaid days are marked using the code “NB” or “35”. If payment is due (in exceptional cases), codes for paid days are used - “BUT” or “34”.

Suspension from work when license is suspended

If a license or right to work is suspended for a period of up to 2 months, the employee is suspended from work for this period. An example of this would be an employee in the position of a driver who has been deprived of his license.

If it is possible to temporarily transfer an employee to another location, then this should be done. If this is not possible, then the employee’s work activities are temporarily suspended. An offer for another job must be made in writing against signature.

If the license or right is lost for a longer period, management will be able to terminate the employment relationship by terminating the relevant contract.