Discharge from work is a duty

Often, in order to perform their work, a person must comply with a number of conditions defined by labor law. Otherwise, a suspension from work is necessary. This procedure is possible only in cases determined by law, it is not the right of the employer, but its duty. In particular, on the basis of the LC RF, suspension from work should occur in cases when:

- the employee has not undergone compulsory psychiatric examination or medical examination ;

- the doctor determined that the medical worker can not perform his work;

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

- a person has not passed the test of skills and knowledge, as well as training in labor protection;

- the employee has been deprived of the right to drive, carry arms and the like, while he can not be transferred to other jobs or perform his labor function;

- this was demanded by various supervisory bodies or persons authorized by law;

- there are other obstacles to work, defined by the current legislation.

Suspension is carried out for a period until the causes in connection with which it occurred are eliminated. It must be done by order. If the suspension from work was due to the fact that a person was in a state of intoxication, it is possible to admit him to work only after his condition is normalized. For the case of deprivation of any special right - right up to the restoration of the right. As a rule, the publication of the order must be preceded by a document that indicates that the employee should be removed from work. It should indicate the reasons for which a suspension from work is necessary. This is especially important when it can be accomplished only if certain conditions are met. For example, when a person does not want to be transferred to another job, which he is not forbidden to perform for his own health.

If the removal of an employee from work occurs with non-observance of procedural moments, then it can lead to negative consequences for the employer, especially in court proceedings. The court may find it illegal to order and oblige the employer to pay for absenteeism. In most cases, when you are dismissed from work, no salary is paid to the employee. Exception - cases when he did not have the opportunity to pass a knowledge test and training in labor protection or compulsory medical examination. In this case, the period of suspension is paid in the same way as a simple one (due to the employer's fault, for reasons beyond the control of the parties). It should be understood that dismissal from work is not the release of the employee from work, which is a guarantee that ensures the preservation of his earnings and workplace. Cases of dismissal are also stipulated by law, but can be supplemented by a collective agreement or a local act of the organization.