Procedure for removal due to failure to pass a medical examination. Situation: Dismissal due to failure to pass a mandatory medical examination. The employee does not want to undergo a periodic medical examination.

It explains how often an annual medical examination at work takes place (labor code, art. 213). And Article 214 describes the responsibilities of an employee in the field of labor protection.

You should also point to Article 185 of the Labor Code of the Russian Federation. According to this article, the time spent by the employee undergoing medical examinations must be paid.

Labor Code of the Russian Federation, Article 214. Responsibilities of an employee in the field of labor protection

The employee is obliged:

comply with labor protection requirements;
correctly use personal and collective protective equipment;
undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instruction on labor protection, on-the-job training, testing of knowledge of labor protection requirements;
immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);
undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations, other mandatory medical examinations, as well as undergo extraordinary medical examinations at the direction of the employer in cases provided for by this Code and other federal laws.

Labor Code of the Russian Federation, Article 185. Guarantees for employees sent for a medical examination

During the period of undergoing a medical examination, employees who are required to undergo such an examination in accordance with this Code shall retain the average earnings at their place of work.

What documents are needed to pass a medical examination for work?

passport of the citizen who has been assigned a preliminary medical examination;
, where the citizen is employed. Typically, the direction indicates those examinations that are necessary for a citizen to obtain employment;
outpatient card.

When applying for employment at a food industry enterprise or an enterprise where communication with children occurs, the employee must fill out a form.

To complete it you need provide a 3x4 photo. Upon initial application, you will also need to provide SNILS, compulsory medical insurance policy and receipt about paying for a medical examination in this clinic.

We also note that if the medical examination takes place in a paid clinic, then SNILS and compulsory medical insurance no need to provide.

Certificate of completion

After all the doctors have passed, a certificate of completion of the medical examination upon employment is issued. The certificate states whether the employee passed the medical examination or not. In some cases, a certificate of medical examination upon hiring is not issued, but a medical book is provided. But the medical book is not issued immediately.

If the position requires the issuance of a medical record, then before it is issued, a person who has passed all the doctors is given a certificate stating that his personal medical record is in the hospital, he has passed the doctors, and the document itself will be issued on a certain date.

To be hired, you usually need a certificate to pass a medical examination form.

Since 2009, in order to be employed in the civil service, it is necessary to present a certificate.

It should be noted that the validity period of such a certificate differs from the period of periodic examination of personnel already working at the enterprise. Certificate 086/у has a validity period of 6 months. Certificate 001-ГС/у is valid twice as long, namely 12 months.

I didn’t pass the medical examination at work – what should I do?

You may not undergo the examination if diseases are identified that cannot be treated in this area. For example, this is an open form of tuberculosis or other diseases that are detected through research.

If this happened, need to undergo treatment. In this case it takes place suspension from work who have not undergone a medical examination until it has been completed and provided to the employer.

List of diseases for which a medical examination certificate is not issued:

Eye diseases. If this is work on a computer or activities related to driving vehicles, then it is unlikely that people who have vision problems will be allowed to do it.
Contagious skin diseases.
In some cases, these are alcoholism, drug addiction and mental illness.

For example, You can't work as a driver in that case, if a person suffers from seizures in any form or is quite serious hearing impairment, and mental retardation.

But workers whose work is related to computers usually undergo all examinations. There are no special diseases identified for them.

If the driver has not passed the pre-trip inspection, he is not allowed to take the shift. The employee must be sent to a clinic.

In accordance with Art. 212 of the Labor Code of the Russian Federation, when hiring. But some employers are trying to violate the labor code and do not want to pay for a medical examination. If employer does not want to pay for a medical examination, then he violates labor laws.

Validity period and frequency

When it comes to employment, they are different. For example, certificate 086/у is valid for six months. The health certificate is considered valid for a year, after which it is necessary to undergo the examination again.

Medical examinations are carried out at intervals from Once every 6 months before Once every 2 years, depending on the enterprise.

For example, employees whose work involves working on a computer (if they spend more than 50% of their working time on a computer) must undergo a medical examination once every 2 years if they are over 21 years of age.

Car drivers must also undergo a medical examination once every 2 years. In addition, drivers must undergo a medical examination at the beginning of each shift. This inspection is called pre-trip inspection and all those who drive vehicles are required to undergo it.

Individual entrepreneurs whose activities are related to transportation must also undergo a pre-trip inspection.

Can I be fired if I don't pass the examination?

If the employee has not passed the examination, he will be suspended from work(Article 76 of the Labor Code of the Russian Federation). It is likely that the employee will be given a vacancy in which to work.

If there are vacancies positions that an employee can occupy in an enterprise No, and he did not pass the medical examination at work - dismissal at the enterprise.

If according to the results of the medical examination the period of suspension from work is less than 4 months, then after this time the employee is reinstated and continues to work at the enterprise. If the period of suspension from work exceeds 4 months or is not indicated in the results of the medical examination, then the employee will be fired.

Employer's liability

The employer has no right allow employees who have not been tested to work. The employer is subject to administrative responsibility for this (admission to work without a medical examination).

This applies to those workers for whom a medical examination is mandatory.

According to article Art. 11.32 of the Code of Administrative Offenses of the Russian Federation provides for the administrative responsibility of the employer for allowing an employee to work without a medical examination. In case of such an offense, the employer will be required to pay a fine of up to 50 thousand rubles.

Code of Administrative Offenses of the Russian Federation, Article 11.32. Violation of the established procedure for conducting mandatory medical examination of vehicle drivers (candidate vehicle drivers) or mandatory preliminary, periodic, pre-trip or post-trip medical examinations

Violation of the established procedure for conducting mandatory medical examinations of vehicle drivers (candidate vehicle drivers) or mandatory preliminary, periodic, pre-trip or post-trip medical examinations shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one and a half thousand rubles; for officials - from two thousand to three thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

Note. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

Failure to undergo medical examination when necessary violates labor laws and Rospotrebnadzor requirements.

In addition, such a lack can cause serious consequences, such as the occurrence of epidemics and other negative consequences. That is why rules were created for undergoing a medical examination when applying for a job.

What should a manager do if an employee refuses to undergo a periodic medical examination centrally, at the employer’s expense, citing the low qualifications of the medical staff of the medical institution with which the school has signed an agreement? Moreover, the school employee demands that the medical examination be paid for at another medical institution located in another region, taking into account travel. What to do in this case?

Answer

In this case, it is necessary to notify the employee in writing of the need to undergo a medical examination. Passing a medical examination is not a right, but an employee’s responsibility. For violation of his duties, an employee may be subject to disciplinary action. At the same time, the employee is not given the right to choose a medical organization to undergo a mandatory examination. If a school employee refuses a medical examination, he may be suspended from work.

<…>In accordance with the provisions of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (hereinafter referred to as the Labor Code of the Russian Federation), the organization of medical examinations for certain categories of employees is the responsibility of the employer. Employees are required to undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations, if this is provided for by the Labor Code of the Russian Federation or other federal laws (Labor Code of the Russian Federation).

Labor legislation does not establish a list of documents that an employer must draw up to remove from work an employee who has not passed a medical examination*.

Attention:

based on the provisions of Art. 76 of the Labor Code of the Russian Federation, it is enough for the employer to issue it himself or receive a document confirming that the employee has not passed a medical examination and issue an order (instruction) to remove the employee from work.

Documents that confirm the fact that a school employee has not undergone a medical examination may be:

1) an explanatory note from the employee about failure to pass the inspection;

2) the employee’s written refusal to undergo the examination;

3) a certificate of incapacity for work issued during the inspection period;

4) documented information from a medical institution about the employee’s failure to appear for examination;

5) an act of refusal of the employee to undergo a medical examination drawn up by the employer.

The removal of an employee from work due to failure to undergo a medical examination is formalized by an order (instruction) of the manager. The removal order should reflect:

1) Full name and position of the employee;

2) the basis for removal, which is provided for by federal law or other regulatory legal act (Labor Code of the Russian Federation);

3) circumstances indicating the presence or absence of the employee’s guilt in failing to undergo a medical examination - they affect the terms of payment (non-payment) for the period of suspension;

4) terms of payment for the period of suspension;

5) a list of documents that confirm failure to undergo a medical examination;

6) period of suspension.

It is advisable to determine the end of the suspension period not by a specific date, but by an event - passing a medical examination. This will avoid the issuance of additional orders if the employee again fails to undergo a medical examination on time.

Attention:

If a school employee does not undergo a medical examination due to his own fault, the employer may take disciplinary action against him.

It is not necessary to enter information about the employee’s removal from work, since this is not expressly provided for by law. However, the employer will need such information when calculating the employee’s length of service, which gives the right to annual paid leave.

According to the Labor Code of the Russian Federation, an employee is allowed to work after passing a mandatory medical examination. The examination is confirmed by a conclusion issued by a medical institution. Permission to work is also issued by order (instruction) of the manager*.<…>

SITUATION: An employee employed in hazardous working conditions was sent for a mandatory periodic medical examination. But he did not show up for the medical examination at the appointed time. In his defense, he said that he does not have any health problems, he does not require a medical examination, and the employer does not have the right to force him to undergo an examination. What should be done in such a situation?

RULING: In cases established by law, periodic medical examinations are mandatory for employees. Refusal or evasion to undergo such inspections is regarded as failure to fulfill job duties, for which the employee may be subject to disciplinary action. In any case, the employer is obliged to suspend from work an employee who has not passed the mandatory medical examination.

Labor protection at the enterprise

According to Art. 22 of the Labor Code of the Russian Federation, the employer must ensure safety and working conditions that comply with state regulatory requirements for labor protection. One of the employer’s tasks is to organize mandatory preliminary and periodic medical examinations for employees in cases established by law, in particular at jobs with harmful and (or) dangerous working conditions.

How to submit for a mandatory medical examination:

It should be noted that currently one of the most common violations of labor legislation is non-compliance with labor protection requirements by employers. They often neglect the rules designed to ensure safe working conditions, as a result of which they are held accountable. However, in compliance with labor protection requirements and standards, not everything depends on the employer. Employees have their own responsibilities, including those related to undergoing medical examinations.

So, in Art. 214 of the Labor Code of the Russian Federation states that an employee is required to undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations), other mandatory medical examinations (examinations), as well as undergo extraordinary medical examinations (examinations) in the direction employer in cases provided for by the Labor Code of the Russian Federation and other federal laws.

It must be admitted that this really happens: employees get acquainted with the order to be sent for a medical examination, but do not come at the appointed time, which is clearly not in the interests of the employer, who by law does not have the right to allow employees who have not passed the medical examination to perform their job duties.

Confirmation of the employee’s failure to appear for a mandatory medical examination

Confirmation of an employee’s failure to appear for a mandatory medical examination can be provided by various notification documents from the relevant medical institution or a report from an employee tasked with monitoring the procedure for undergoing mandatory medical examinations (example 1). By the way, such responsibilities can be assigned to an employee of the human resources department, an employee responsible for labor protection, or even to one of the deputy heads of the organization.

Example 1. Memo on the employee’s refusal to undergo a mandatory medical examination

If an employee does not undergo a mandatory medical examination in a timely manner (regardless of the reasons why this happened), the employer, by virtue of Art. 76 of the Labor Code of the Russian Federation does not have the right to allow him to work until all the circumstances that were the basis for removal are eliminated. In this situation, the employee cannot be allowed to work until he undergoes an appropriate medical examination.

The guilt of an employee who did not undergo a mandatory medical examination should be taken into account when deciding on payment for the time he is suspended from work.

Important!

If the employee is at fault, no payment will be made during the period of suspension.

If the employee is not at fault, the time of suspension from work is paid according to the rules provided for in Art. 157 of the Labor Code of the Russian Federation, i.e., as for downtime. At the same time, for downtime caused by the employer, payment is made in the amount of at least two-thirds of the employee’s average salary. Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to downtime.

You need to understand that the reason for refusing to undergo a medical examination can be either the employee’s guilty behavior (for example, he did not consider it necessary to undergo an examination in a timely manner) or innocent behavior (he was temporarily disabled, due to family circumstances and other valid reasons he could not come for a medical examination). The actual reasons and guilt of the employee in most cases can be established only from his written explanations, so it would be useful to request them (example 2).

Example 2. Notification of the need to provide a written explanation of the reasons for failure to undergo a mandatory medical examination

In the event of a labor dispute about the legality of dismissal, the employer will be required to prove the facts that served as its cause. Such evidence is the order of dismissal (example 3), as well as the documents on the basis of which it was issued (memorandum, report on the employee’s failure to undergo a mandatory medical examination, etc.).

The order, which the employee must be familiar with against signature, must indicate the period of suspension, as well as the terms of payment.

Having established the employee’s guilt in failing to undergo a medical examination, the employer can bring him to disciplinary liability - issue him a reprimand or reprimand.

The possibility of imposing a disciplinary sanction on an employee who, through his own fault, did not undergo a mandatory medical examination, is confirmed by the Plenum of the Supreme Court of the Russian Federation. Thus, in subparagraph “c” of paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” it is directly stated that refusal or evasion without good reason from a medical examination of workers of certain professions, and Also, refusal to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for admission to work, are considered disciplinary offenses.

In addition, it does not hurt to warn such an employee (even if only verbally) that if he repeatedly fails to undergo a medical examination, a new disciplinary punishment may be applied to him, only this time more severe. Thus, if there is one disciplinary sanction, an employee who has committed a repeated offense within a year may be dismissed for repeated failure to fulfill labor duties on the basis provided for in paragraph 5 of Part 1 of Art. 81 Labor Code of the Russian Federation.

Example 3. Order to remove an employee who has not passed a mandatory medical examination

Common mistake

A very common mistake made by employers is dismissal from work based only on a verbal order without issuing an appropriate order, or issuing an order when all the circumstances that served as the basis for exclusion have been eliminated and the employee has begun work. In this case, there is a risk that the suspension from work will be considered illegal.

However, whenever holding an employee accountable, it is necessary to objectively assess the severity of the offense, the circumstances of its commission, as well as the employee’s previous behavior and his attitude towards work in general. Thus, dismissal is an extreme measure that is allowed in exceptional cases when no other methods can influence an employee who stubbornly refuses to undergo a mandatory medical examination.

In the Russian Federation, cases are common when workers refuse to undergo a medical examination. The blog contains recommendations on what an employer should do in such cases.

Employees by virtue of Art. 214 of the Labor Code of the Russian Federation are required to undergo periodic (during work) medical examinations (examinations) in cases provided for by the Labor Code of the Russian Federation and other federal laws. Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n approved the List of works during which periodic medical examinations (examinations) of workers are carried out.

Periodic examinations are carried out by medical organizations of any form of ownership that have the right to conduct preliminary and periodic examinations, as well as to examine professional suitability in accordance with current regulatory legal acts (clause 4 of Appendix No. 3 to Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n).

In turn, workers, by virtue of Art. 214 of the Labor Code of the Russian Federation are required to undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) in cases provided for by the Labor Code of the Russian Federation and other federal laws.

If an employee refuses to undergo a medical examination, the employer must remove him from work or not allow him to work. This obligation of the employer is enshrined in Art. Art. 76, 212 Labor Code of the Russian Federation. During the period the employee is suspended from work, no wages are accrued to him, with the exception of the case when he was unable to undergo a medical examination through no fault of his own - then this time is paid as idle time.

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In addition, according to clause 5, part 1, art. 81 of the Labor Code of the Russian Federation, an employment contract can be terminated by the employer in the event of repeated failure by the employee to fulfill his work duties without good reason, if he has a disciplinary sanction. Based on Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

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dismissal for appropriate reasons.

Consequently, if an employee refuses to undergo a mandatory periodic medical examination, the employer has the right to dismiss him on the basis of clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, but only if he already has a disciplinary sanction in the form of a reprimand or reprimand applied less than a year ago.

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If after two working days the employee refuses to give any explanations, then a corresponding act is drawn up (Article 193 of the Labor Code of the Russian Federation). In accordance with Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work (not allow to work) an employee who has not undergone a mandatory medical examination (examination) in the prescribed manner.

The employer issues an order regarding the suspension of an employee, which indicates the grounds for suspension from work, as well as the period of suspension, and it is better to determine the period not by a specific date, but by the moment of passing the medical examination.

If the employee refuses to sign the order of suspension from work, a free-form report is drawn up, which records that the employee refused to sign.

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In addition, refusal to undergo a medical examination is a violation of labor discipline, in connection with which the employer has the right to apply disciplinary measures to such an employee as established in Art. 192 Labor Code of the Russian Federation.

If an employee evades a periodic medical examination, the employer must request a written explanation from the employee with a request to provide, within two days, an explanation of the reasons for failure to undergo a medical examination, as well as obtain documented information from a medical institution about the employee’s failure to appear for a medical examination. If after two working days the employee refuses to give any explanations, then a corresponding act is drawn up (Part 1 of Article 193 of the Labor Code of the Russian Federation).

However, it should be taken into account that applying a disciplinary sanction in the form of dismissal is possible only if the employee already has a disciplinary sanction in the form of a reprimand or reprimand applied less than a year ago.

The fact that an employee has committed a disciplinary offense is formalized by an order to apply a disciplinary sanction. The order indicates the offense committed by the employee, namely the refusal to undergo a medical examination, the circumstances of the offense and the type of disciplinary sanction applied (reprimand or reprimand).

In case of refusal to sign the order, a corresponding act is drawn up (Part 6 of Article 193 of the Labor Code of the Russian Federation).

Passing a medical examination is the direct responsibility of every employee and must be strictly monitored by the employer. Failure to undergo a medical examination is considered a clear violation and will entail big problems for both the employee and the organization as a whole. A person undergoes a medical examination primarily for the purpose of prevention and identification of diseases that may interfere with work activity. The illness of an employee will affect his work, which will subsequently affect the overall productivity and efficiency of the organization.

For refusal to undergo a medical examination, the employer has every right to remove the employee from his position until (or, in certain cases, even impose a disciplinary sanction based on Article 192 of the Labor Code of the Russian Federation) until he undergoes a mandatory examination and presents official medical documents.

Suspension from work due to failure to pass a medical examination in 2018

This disciplinary punishment is temporary. A worker is suspended for a certain period for violating labor relations, which are regulated in Article 76 of the Labor Code of the Russian Federation. It is the employer’s responsibility to conduct inspections; they can be both preliminary and periodic. Subordinates are obligated to undergo them without fail. This is stated in Article 212 of the Labor Code of the Russian Federation. Otherwise, an order of suspension from work for failure to pass a medical examination is issued (sample attached).

Also, according to Article 213 of the Labor Code of the Russian Federation, employees who work in difficult working conditions must undergo all types of examinations for a more thorough examination of their health status.

Responsibilities of the employer to organize medical examinations of employees

The direct responsibility of the employer is to prevent the employee from working, if there are legitimate grounds for this, prescribed in Art. 76 of the Labor Code of the Russian Federation. One of the types of such grounds is failure to undergo a mandatory medical examination. The employer is also obliged to ensure that the medical center has the appropriate license. It is necessary to draw up a list of workers to undergo a medical examination.

The employer is obliged to provide the medical center with the following information::

a complete list of employees with their names and positions;
names of workplaces where workers work in the organization;
list all the factors that adversely affect the health of employees.

Based on this data, the timing of the examinations is established. The employer is obliged to pay for all medical examinations independently.

You can read more about when an employer is obliged to remove an employee from work.

Which employees are required by law to undergo a medical examination?

In the Labor Code of the Russian Federation, namely in Art. 266 and art. 348-3 stipulates who must undergo preliminary and mandatory medical examinations.

The following categories of workers are subject to mandatory inspection:

workers in the food and light industry;
preschool and school educational organizations;
catering workers, etc.

By the way, situations in which an order for suspension from work due to alcohol intoxication is required are described in another article.

How much time is required according to the Labor Code of the Russian Federation for undergoing a medical examination?

The law does not establish a specific period for undergoing a medical examination. The timing depends on the agreement with the medical center. The contract is considered binding for those undergoing inspection. Exceeding the deadlines will be considered a violation of the law, according to Art. 192 and art. 193 Labor Code of the Russian Federation.

Procedure for removal due to failure to pass a medical examination

Due to failure to undergo a medical examination, the employee may not be allowed to perform his duties. Therefore, the employer should adhere to the following procedure.

Procedure for removal:

Execution of the received document, which confirms that the employee did not undergo a medical examination.
Issuance of an appropriate order on dismissal from work.
Registration of an order.
Familiarization of the employee with the order.
Payment for inspection as downtime.
Registration of the deadline in the time sheet.
Issuance of an order for admission after the violation has been eliminated.
Registration of the corresponding order for admission.
Familiarization with this order of the employee.

Thus, in order to comply with the conditions of the Labor Code of the Russian Federation and remove an employee on the basis of the law, it is necessary to follow all the above-mentioned points. Since an employee can file a complaint against the employer if his rights have been violated.