Suspension from work what to put in the report card. Suspension from work at the initiative of the employer. Putting down the absences of employees in the timesheet

Indeed, the report card (f. 0504421) does not provide for some legend non-appearance of the employee, which are located on the front side of the report card. At the same time, Order No. 173n established the possibility of entering additional details and indicators, provided that the mandatory details and indicators provided by the approved forms of documents are preserved. Thus, if you could not find a designation for a certain type of activity that an employee carries out during working hours, by order of the manager, you can enter a new designation.

If an employee is suspended from work without retention wages, you can put down the code "A".

The rationale for this position is given below in the materials of the Glavbuh System

1.Answer: How to remove an employee from work

Grounds for suspension

Thus, the employee is suspended from work until the circumstance that led to his suspension disappears. Another rule may be established by the Labor Code of the Russian Federation and other federal laws... In this case, admission to work will not depend on the elimination of the circumstances that led to the suspension from work, but on other factors.

For example, an employer must remove an employee from underground worksif the employee did not comply with the established federal laws and other regulatory legal acts Russian safety requirements for underground work (part 1 of article 330.4 of the Labor Code of the Russian Federation). For the admission of an employee to work, it is not enough to eliminate the circumstance that led to the suspension. The employee must undergo an extraordinary test of knowledge of safety requirements during underground work (part 3 of article 330.4 of the Labor Code of the Russian Federation).

In general, the period of suspension (regardless of its duration) is not included in the length of service that gives the right to leave. An exception is the case of suspension of a person who has not passed the mandatory medical checkup (examination) through no fault of the employee (part 2 of article 121 of the Labor Code of the Russian Federation).

Documenting

Suspension is carried out by the employer unilaterally, without obtaining the written or other consent of the employee, without prior warning him about the upcoming suspension from work.

Specific order documenting the suspension of an employee from work is not established by law. In practice, employers do the following.

The order must indicate the reasons for the suspension of the employee from work and indicate the period of suspension. As a rule, indicate the wording "until the elimination of the circumstances that were the basis for suspension from work." At the same time, if at the time of drawing up the order it is possible to reliably determine the period of suspension, then a specific date can be specified in the order.

In addition, the order should reflect the payment procedure for the period of suspension. In general, do not pay an employee's salary during the suspension. The exception is cases of suspension, when the employee, through no fault of his own, did not undergo training and testing of knowledge in the field of labor protection or a mandatory medical examination (examination). Such exceptions may be established by federal law, for example, when resolving conflicts of interest and verifying the accuracy and completeness of information about the income of civil servants or improper performance by managers government organizations their duties during the state of emergency (clause 2.1 of article 32 of the Law of July 27, 2004 No. 79-FZ, article 13 of the Law of May 30, 2001 No. 3-FKZ). In this case, pay the suspension period as a simple one (part 3 of article 76 of the Labor Code of the Russian Federation).

In the order, you should also draw up the line "Basis", listing all the documents confirming the legality and validity of the issuance of the order.

It is necessary to familiarize the employee with the order on suspension from work under signature. If you refuse to sign the order, an appropriate act is drawn up or a corresponding entry is made directly on the order itself.

The record of suspension from work is not entered in the employee's work book. By general rules it is not required to make this entry into the personal card. However, if necessary (for example, to ensure internal accounting), this information can still be reflected in a personal card, for example, in the "Additional Information" section. Such information will be useful, in particular, when calculating the length of service required to provide leave.

During the period of suspension of an employee from work, an alphabetic or numeric code is indicated in the time sheet, depending on the procedure for payment of a given period (suspension from work with payment - BUT (or 34), without payroll - NB (or 35)).

The organization can establish a specific procedure for processing documents in its local regulations... In addition, it is necessary to take into account the basis for the suspension, which may also affect the procedure for documenting.

Why can a person be removed from work, what is said about this in the Labor Code of the Russian Federation and what is the procedure for removal? Read about everything in our article, download samples of necessary documents

In this article, you will learn:

Suspension from work: Labor Code of the Russian Federation

Cases of suspension from work of employees are not so rare, and if circumstances arise in which it is not possible for an employee to fulfill his job duties, then the whole procedure must be carried out within the framework of the law. Article 76 of the Labor Code of the Russian Federation considers suspension as the exclusion of a person from the work that he previously performed, when objective reasons appear for this.

Instructions on the need to remove an employee from work under the circumstances described in the Labor Code are not advisory, but mandatory for his manager.

The law also stipulates that suspension is a temporary measure, the duration of which is determined separately for each specific case.

Grounds for suspension from work

Not being allowed to work is a rather serious step, so first you need to figure out in what cases, according to the law, the employer is obliged to remove an employee from work.

Referring to Article 76, we will consider a list of reasons that serve as the basis for the suspension of an employee from work in 2019:

• An employee showed up to work drunk. Obviously, in a state of altered consciousness, he cannot make adequate decisions and cannot work either with people, or with documents, or with equipment.

• The employee has not completed OT training or passed the appropriate exam. Having insufficient knowledge of safety precautions or not having it at all, a person endangers not only his own life, but also the lives and health of his colleagues.

• The employee did not pass the medical examination, incl. and psychiatric. Those. it is not determined whether he can work this or that job for health reasons. Until this is found out, his boss has no right to trust him with the performance of his job duties.

• The employee underwent a physical examination, which revealed that he had health problems that were incompatible with the type of work that he had previously performed. And even if he assures that he will cope with the work, the law prohibits the use of his labor in positions that do not correspond to his physical capabilities.

• The employee was taken away for a period of up to 2 months specific permits to perform a certain type of work ( driver's license, license to carry weapons, to conduct notarial activities). Obviously, there cannot be a driver without a license, or a notary without a license. In this case, the director considers the option of his temporary transfer to another position where these permits are not required. If there is none or the employee refuses the offered vacancies, then the suspension follows.

• The state body requires the head not to allow the employee to work (GIT, Sanitary and Epidemiological Supervision, court, etc.), which is a measure of procedural compulsion.

It should be noted that clause 8, part 1 of article 76 of the Labor Code of the Russian Federation warns that the above list of reasons for removing an employee from work is incomplete. Some federal laws provide other grounds for non-admission.

A measure such as suspension from work is not disciplinary action, cannot be used at the initiative of the employer and is used only in cases strictly prescribed by law.

The employee does not receive a salary for the period of suspension, and this is logical, because he was guilty, as a result of which he did not work. The exceptions are cases when a person has not passed a medical examination or training through no fault of his own - then the period of non-admission is paid to him as a simple one (part 3 of article 76 of the Labor Code of the Russian Federation). People excommunicated from work during the trial (clause 7 of part 1 of article 76 of the Labor Code of the Russian Federation) can receive benefits from federal budget for the period of suspension (Article 131 of the Criminal Procedure Code) in the amount of up to five minimum wages.

Documents that prove the employee's misconduct

To punish an employee, you must record the misconduct, demand an explanation from the employee, assess the circumstances, choose and issue a penalty. each of these stages must be documented. Only in this way will you be able to prove the legality of the collection and protect yourself from the claims of the employee, the State Inspectorate and the court. The experts of the "HR Directory" magazine told about everything in the article

Procedure for suspension from work

During the procedure for suspension from work, all documents must be correctly drawn up - this will protect the company from negative consequences if the offending employee decides to challenge the non-admission in court or his actions entail force majeure. Algorithm for removing an employee from work in 2019:

Step 1. Obtaining a document confirming the event that led to the suspension. This can be a notification from government agencies with a requirement of non-admission, a memorandum about being drunk in the workplace or about failure to provide the results of a medical examination, a medical certificate with contraindications, etc.

Step 2. Request an exculpatory document from the offender (explanatory note or certificate). This will help clarify if he is really at fault. Suspension will not cancel this, but it may serve as an excuse not to cancel payroll.

Step 3. Proposal for transfer to another position, if there was a case under clause 6 of part 1 of article 76. If the person agrees, the transfer procedure follows, in case of refusal - the removal procedure.

Step 4. Issue an order for suspension from work. The paper is drawn up in a free form and contains the name of the person to be removed, an explanation of the reasons, a link to the document-basis, terms, instructions of the accounting department on non-accrual of earnings. The employee gets acquainted with the order against signature.

On suspension dates: the start date is always clear, but the end date can rarely be determined. If the date is known, it is written in the order, and then a subsequent admission order will not be required. If it is not known, it is indicated - until the causes are eliminated, and then admission will occur upon the provision of documents confirming that the issue has been resolved positively.

Suspension legend in the report card

IN work book the inadmissibility to work is not recorded in any way (part 4 of article 66 of the Labor Code of the Russian Federation). No changes are made to the employment contract and no additional agreements to it are drawn up. In the time sheet, either NO (34) - if the suspension period is paid, or NB (35) - if not paid.

Consequences of suspension from work in 2019:

• the imposition of an accompanying disciplinary sanction;
• non-payment of wages;
• non-inclusion of this period in the length of service for obtaining leave (if the reason is disrespectful).

Responsibility for unlawful suspension

I ask you to explain how to register an employee whom the director, by his order, suspended from work for 3 months. The order was drawn up on the basis of Art. 73.76 of the Labor Code of the Russian Federation in accordance with the medical opinion and due to the absence of vacant positions in the staff, corresponding to the recommendations of the medical commission - exemption from hard work associated with lifting heavy weights from 23.08 to 22.11.2014. 2.33 days off? What designations should we put on the table?

Suspension from work is formalized by order of the head.

• with payment (allowance) in accordance with the legislation - NO code;
• for the reasons stipulated by law, without payroll - the NB code.

The period of suspension from work for medical reasons is included in the period that gives the right to leave and is not included in the retirement record.

The rationale for this position is given below in the materials of the Glavbuh System

1. Article: Transfer of an employee to another job for health reasons.

Suspension from work

Registration. If an employee who is recommended to move to another job for up to four months refuses to transfer, he is suspended from work with the retention of the place of work for the period specified in the medical report. The employer must take the same measures in the absence of vacancies or appropriate work. This is stated in part 2 of article 73 of the Labor Code of the Russian Federation.

Suspension from work occurs on the basis of an order of the head of the organization, drawn up in an arbitrary form (see the sample in the figure).

In the time sheet according to form No. T-12 or T-13, the period of suspension from work (non-admission to work) is noted as follows:

• with payment (allowance) in accordance with the legislation - NO code (34);
• for the reasons stipulated by the legislation, without payroll - the NB code (35).

Symbols and unified forms of timesheets are approved by the Resolution of the State Statistics Committee No. 1.

Payments and their taxation... During the period of suspension from work, the employee is not charged wages, unless otherwise provided by the Labor Code, federal laws, collective agreement, agreements or employment contracts.

A collective or labor agreement may provide for payments during the period of suspension of an employee from work for medical reasons.

Does the organization have the right to include them in expenses? There are two points of view. Some experts refer to paragraph 1 and paragraph 25 of Article 255 of the Tax Code. According to its provisions, labor costs can include any accruals to employees, as well as costs associated with the maintenance of these employees and provided for by the legislation Russian Federation, labor and (or) collective agreements.

If the change in technology affects health

The need to transfer an employee to another job can be caused not only by a deterioration in his well-being, but also by a change in working conditions: technology production process, its organization, working hours.

In accordance with part 2 of article 74 Labor Code The administration is obliged to notify the employee in writing about the upcoming changes and their reasons no later than two months in advance. If the employee does not agree to work in new conditions (including for medical reasons), the employer is obliged to offer him another job that the employee can perform taking into account the state of health (part 3 of article 74 of the Labor Code of the Russian Federation). If there is no other suitable job or the employee has refused the proposed options, the employment contract is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code.

Time included in seniority

The length of service, which gives the right to the main paid vacation, includes:

• time of actual work;
• the time when the employee did not actually work, but in accordance with the legislation he retained his place of work (illness, annual paid leave, holidays, medical examination, etc.);
• time of forced absence at illegal dismissal or suspension from work and subsequent reinstatement at the previous job;
• the time of suspension from work of an employee who has not passed a medical examination through no fault of his own;
• the time of unpaid leave granted at the request of an employee, not exceeding 14 calendar days in a working year;
• other periods of time stipulated by the labor (collective) agreement or local act organizations.

2) the period of receiving benefits for compulsory social insurance during the period of temporary incapacity for work (subparagraph as amended by the Federal Law of July 24, 2009 N 213-FZ);

3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total;
(Clause as amended by Federal Law of December 28, 2013 N 427-FZ. - See previous edition)

4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving or relocation in the direction public service employment in another locality for employment;
(Subclause as amended by Federal Law No. 361-FZ of November 30, 2011. - See the previous edition)

6) the period of care carried out by an able-bodied person for a disabled person of group I, a disabled child or for a person who has reached the age of 80;

7) the period of residence of the spouses of military personnel passing military service under a contract, together with spouses in areas where they could not work due to the lack of employment opportunities, but not more than five years in total (the subparagraph is additionally included from January 1, 2009);

8) the period of residence abroad of the spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal bodies executive power, government agencies at federal bodies executive power or as representatives of these bodies abroad, as well as in representations government agencies Of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total (the subparagraph is additionally included from January 1, 2009 by Federal Law of July 22, 2008 N 146- FZ).

• Download forms

Data on the working time of each employee is needed to correctly calculate his average earnings. Therefore, the employer is obliged to keep records of working hours, regardless of the applicable remuneration system.

The employer is obliged to keep records of the time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation).

The organization has the right to either keep records in a form developed independently and approved by the head of the organization, or, as before, use unified form (approved by the post of the State Statistics Committee of Russia dated 05.01.2004 N 1). Moreover, in our opinion, the second option is simpler and more convenient. All lines and columns necessary for the correct organization of accounting are provided in a unified form. Let us dwell in more detail on the order of its filling.

Form N T-12 (Fig. 1) is used for manual accounting, N T-13 (Fig. 2) - for automated. Note that Form N T-12 consists of two sections: I - "Working time accounting" (continuation of Fig. 1) and II - "Payroll with personnel" (continuation of Fig. 1). The first section is intended directly for recording the time worked by employees, the second is for reflecting their payroll. In this case, the organization has the right to keep separate records of these data. In such a situation, section II of the timesheet is not completed.

Both timesheets are in one copy. In this case, the working time is taken into account in the report card in one of two ways: either by the method of continuous registration of attendance and non-attendance at work, or by the method of registering only deviations (absences, late arrivals, overtime, etc.). When reflecting absenteeism for work, which is recorded in days (vacation, days of temporary disability, business trips, leave in connection with training, the time for performing public duties, etc.), in the report card, in the top line in the columns, only legend codes are put down , and the columns in the bottom line remain empty.

On title page timesheet N T-12 has symbols for worked and unworked time. They should also be used when filling out the timesheet in form N T-13 (continuation of Fig. 1).

In most cases, the time sheet is submitted to the accounting department once a month after its completion. However, this is not entirely true. The fact is that wages must be paid to the employee at least every half month (advance payment and final payment) (Article 136 of the Labor Code of the Russian Federation). In this case, the advance is calculated based on the time actually worked by the employee, which is reflected in the report card. It turns out that with regard to time employees, the timesheet needs to be drawn up every fortnight. Otherwise, the accounting department will not be able to correctly charge them an advance.

Reporting is the responsibility of the organization. Moreover, it is necessary even if the organization uses a piece-rate form of remuneration. On the one hand, when using this system, an employee's earnings do not depend on the amount of time he worked. It is determined based on the established rates for the amount of work performed in physical terms. However, regardless of the wage system established in the organization, working hours are limited by labor legislation. Therefore, the employer is obliged to keep records of it. The Labor Code does not make any exceptions to this rule (Article 91 of the Labor Code of the Russian Federation). In addition, data on the working time spent by each employee of the organization is needed to correctly calculate his average earnings and generate statistical reports.

When an employee is dismissed, the organization, upon his request, must issue an extract from the timesheet. According to labor law, the employer is obliged on the day of termination employment contract issue an employee a work book and certified copies of other documents related to his work (Article 84.1 of the Labor Code of the Russian Federation).

They are presented at the request of the employee. Moreover, the Labor Code does not establish a list of these documents. The timesheet is directly related to the employee's work. Consequently, he has the right to demand a copy of it.

However, the report card contains data not only on the resigning person, but also on other employees. Moreover, the information contained in the report card is their personal data. Therefore, they can be transferred to others only with their consent. Thus, in this situation, in order not to obtain the consent of other employees, the organization has the right to issue an extract from the document in question, where information will be indicated only on the quitting employee.

Features of filling out the timesheet in certain situations

The legislation does not clearly regulate the procedure for filling out a unified report card form in various situations that deviate from normal. Therefore, an accountant or timekeeper has to independently decide what to reflect in the report card in each particular case.

To track working time, an organization can either develop its own timesheet form, or keep it in a unified form. At the same time, developing her own form, she has the right to take the unified form as a basis, supplement it with any details and delete unnecessary data. The main thing is that this form is subsequently approved by the head of the organization.

Work overtime

Suppose the time sheet is filled out by the method of total registration of attendance and absenteeism. An employee of the organization worked overtime (10 hours instead of the established 8). What code for this day to put in the report card: "I" (duration of work in the daytime) or "C" (duration of overtime)?

In this case, an additional column can be entered in the timesheet. In the existing column put the code "I", in the additional - "C". At the same time, for the convenience of further calculations, it is advisable to divide the normal and overtime duration of time and indicate in the appropriate columns.

At the same time, such a problem will not arise when only deviations from normal working hours are registered in the report card.

Work on the day of a business trip

An employee, by agreement with the employer, can go to work on the day he returns from a business trip. It turns out that, on the one hand, his business trip has not ended (the code according to the timesheet "K"), on the other hand, he is already at his workplace (the code is according to the timesheet "I"). Note that the issue of the employee's appearance at work on the day of departure on a business trip and on the day of arrival from a business trip is decided by agreement with the employer. This is provided for by the Regulations on the specifics of the direction of employees on business trips (approved by the post of the Government of the Russian Federation of 13.10.2008 N 749).

Obligations to go out workplace on the day of the business trip, the employee does not. However, by agreement with the employer, he can do this both for a full day and for part of it. In this case, the organization is obliged to pay him:

The day of a business trip (the day of arrival is considered as such) based on the average earnings;

Daily allowance for this day;

Hours worked.

Accordingly, codes can be put on the report card indicating the employee is on a business trip and the fact of his going to work. At the same time, the number of hours worked by him must also be indicated in the report card. Suppose an employee worked 4 hours on the day he returned from a business trip. In such a situation, letter codes "K" and "I" and hours worked - "4" are entered in the corresponding columns of the time sheet. Thus, the accountant will reflect the fact that the employee is on a business trip, his work on that day and the number of hours worked.

In the same manner, the timesheet can be filled out if, for example, an employee returned from a business trip after 00:00 hours (this day is considered a business trip day) and went to work on that day.

Traveling on a business trip and / or returning from it on the weekend

By decision of the management, an employee of the organization can be sent on a business trip on a day off (for example, on Saturday or Sunday with a five-day work week with two days off). In addition, he can also return from a business trip on a weekend. As pointed out Supreme Court RF, in this case, the person's earnings are accrued in accordance with Article 153 of the Labor Code (decision of the RF Armed Forces of 20.06.2002 N GKPI02-663). This article establishes general rulesthat pay for weekends or non-working holidays.

Consequently, for these days, the employee is charged not on the basis of his average earnings (as it is provided for the payment of business trip days), but from the tariff rate or salary increased at least twice. In the report card of working hours on weekends, the codes "K" and "PB" are put down, indicating the travel time that falls on them ("K" - business trip, "PB" - duration of work on weekends and non-working holidays).

Work on sick days

It happens that an employee, while on sick leave, goes to work. And after closing the sheet, he presents it for payment. Note that in this situation, his work must be paid by the employer. However, for these days, the employee is not entitled to claim sick leave payments. After all, the benefit is intended to compensate for the earnings lost during illness. And in this case, this did not happen.

Therefore, on days of illness and absence from work of the employee, the code "T" (incapacity for work) is put on the report card. When he goes to work during illness, the code "I" is put down indicating the hours actually worked.

Working while on parental leave

Often, employees of an organization who are on parental leave work for the organization on a part-time basis. In this situation, the question arises, which letter code should be indicated in the report card: "I" (duration of work in the daytime) or "OJ" (parental leave)?

In this case, the timesheet can be filled in the same way as when working on the day of a business trip. That is, the codes "I" and "coolant" are indicated in it. In this case, the report card lists the number of hours actually worked by this employee.

Note that the employee has the right to interrupt such a vacation and go to work for a full day. From the moment the employee leaves for work, the time sheet indicates the code "I" (duration of work in the daytime) and the number of hours actually worked.

Weekend work with another day of rest

According to labor law, work on a day off is paid at least double the amount. In this case, at the request of the employee, he can be given another day of rest. In such a situation, work on a day off is paid in the usual way, and a day of rest is not subject to payment (Article 153 of the Labor Code of the Russian Federation).

When working on a day off, the time sheet indicates the code "PB" (duration of work on weekends and non-working holidays), as well as the number of hours worked by the employee on weekends (regardless of how he will later be paid: double or single). If an employee is given an additional day of rest, he is marked with the code "HB" (additional days off (without pay). The number of working hours on this day is not given.

Accounting for donation days

On the day of donation of blood and its components, as well as on the day of the related medical examination, the employee must be released from work. At the same time, he retains the average earnings (Article 186 of the Labor Code of the Russian Federation). After each day of blood donation, he is also given an additional day of rest. This day, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donating blood (Article 186 of the Labor Code of the Russian Federation).

Since on the day of donating blood, the employee is released from work, and for this day and for the additional day of rest provided in connection with donating blood, the average earnings remain, they are marked in the report card with codes "G" (day of donating blood) and "OV" ( additional days off (paid)). The number of working hours on these days is not indicated.

If the employer was not notified in advance of the reasons for the employee's failure to appear on the day of blood donation, the code "NN" is put on the report card (failure to appear for unclear reasons (until the circumstances are clarified)). After receiving the relevant medical certificate from the employee, this code is corrected to the "OB" code.

Passing a medical examination in the direction of the military registration and enlistment office

The organization is obliged to release the employee from work on those days when he performed state or public duties. At the same time, he retains his place of work and, in some cases, the average earnings. This rule applies on the condition that the employee must fulfill state or public duties during working hours according to the Labor Code or other federal laws (Article 170 of the Labor Code of the Russian Federation). According to the law on military service (Federal Law of 28.03.1998 N 53-FZ), for the time of medical examination (examination or treatment) of citizens to resolve the issue of putting them on military registration, they are released from work. Moreover, for a given period of time, the organization is obliged to pay them the average earnings.

Consequently, during the medical examination, the employee was fulfilling his public duties. This period of time is marked in the report card with the code "G" (absenteeism during the execution of state or public duties according to the law).

Dismissal of an employee

An employee may quit, for example, at the beginning or middle of the month. How in such a situation to fill out those columns of the report card that fall on the dates after his dismissal? Note that the timesheet is necessary to keep track of the working time worked by each employee. Therefore, on the last day when the employee was present at work, the report card indicates the code "I" (duration of work in the daytime) and the number of hours worked by him. In the cells for the days when the person is no longer an employee of the organization, letter marks are not made. They also do not indicate the number of working hours. After the employee is dismissed, dashes are put in the corresponding cells of the time sheet.

Opinion

Natalya Levinskaya, expert of the Legal Consulting Service GARANT

Anna Kikinskaya, reviewer of the Legal Consulting Service GARANT

Temporary disability benefit as a type of insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood is intended to compensate citizens for lost earnings due to the onset of temporary disability (clause 1 of part 1 of article 1.2, clause 1 of part 2 of article 1.3, clause 1, part 1 of article 1.4 of the Federal Law of December 29, 2006 N 255-FZ). Consequently, the payment of temporary disability benefits for the period during which earnings were not lost is impossible and contrary to the law. In this situation, the FSS of Russia may recognize that the costs of payment of insurance coverage cannot be made at the expense of the fund and, accordingly, not accept them for offset.

Opinion

Tatiana Chashina, expert of the Legal Consulting Service GARANT

Ivan Mikhailov, Reviewer of the Legal Consulting Service GARANT

When granting parental leave, the employer is obliged to issue an appropriate order (order). On its basis, appropriate marks are made in the employee's personal card. But if going on vacation is fixed by an order, then it seems correct to issue an order to end such vacation. The order will be the basis for making the appropriate marks on the personal card. An employee who wishes to interrupt parental leave can inform the employer in advance in writing, although this is not required. In this case, the order to end the vacation is issued on the basis of the employee's application.

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  The employee, in connection with the pregnancy, wrote a statement about the possibility of transferring her to the remote work mode. Make out sick leave on pregnancy and childbirth, as well as parental leave she does not plan. If a number of conditions are met, the employee can continue her work.

• We transfer employees to flexible working hours. How to do it so they don't work less and worse

  "This month, two of the best employees have filed their resignations!" - the head of the marketing department told the HR director. The HR department figured out why employees are leaving. They are required to come to work by 9.30 am, they are punished for being late, but they often stay until nightfall. People found jobs with more flexible schedules. The HR director suggested that the CEO introduce such a schedule for employees of some departments. He said, “Let's try. Only the indicators should not go down! "

• We establish flexible working hours

  By establishing flexible working hours, it is necessary to correctly arrange personnel documents... Which documents should be drawn up depends on whether the employee is initially hired on a flexible schedule or is being introduced for an “old” employee.

• Troubled moments in retirement

  Retirement is a fairly simple and well-known procedure. But this is only at first glance. Does a retiree need to work two weeks upon dismissal? Is it possible to retire twice and what should be written in the work book? We will try to understand these issues.

• Accounting for working hours. Time sheet

  Based on the materials of the reference book "Salary and other payments to employees" edited by V. Vereshchaka (http://go.garant.ru/zarplata/) According to Article 91 of the Labor Code, "the employer must keep records of the time actually worked by each employee." Until January 1, 2013 for accounting ...

• What time of work will be considered incomplete?

  Answer: A worker is the time during which the worker is in accordance with the rules of the internal work schedule and the terms of the employment contract must comply labor duties, as well as other periods that the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts refer to working hours.

• The nuances of granting leave without pay

  Quite often, employees turn to the head of the institution with a request for leave "at their own expense." Employees among themselves call such an administrative leave, and in labor law it is called unpaid leave. Whether the management is always obliged to provide such leave to the employee, are there any restrictions on its duration, whether it is possible to recall the employee from it and how this leave affects the length of service for the provision of annual paid leave - we will tell in this article.

• Questions arising from the establishment of part-time work

  By agreement between the employee and the employer, an employment contract may establish part-time working hours, namely part-time or part-time work week (Article 93 of the Labor Code of the Russian Federation). In this article, we will consider the most interesting court decisions on disputes about the establishment of part-time work and payment for work in the specified mode.

• Employee recall from vacation

  Often, employees are recalled from annual paid leave due to production needs. Is this action of the administration legal? Who should not be recalled from vacation? How to arrange this procedure? You will find answers to these and other questions in the article.

• What is the duration of the annual paid leave at 0.5 employee's rate

  Should our organization provide a part-time worker with an annual paid leave of 28 calendar days, because he works only at 0.5 rates

• Unpaid leave. Cheat sheet for HR officer

  It is difficult to imagine an organization in which the employer has never faced an employee's desire to take leave at his own expense (unpaid leave). In most cases, we are talking about holidays, which are provided at the request of the employee and at the discretion of the employer. But in certain situations and for certain categories of employees, the current legislation establishes the employer's obligation to provide leave without preservation of earnings.

• Is administrative leave allowed?

  During the economic downturn, sending workers on unpaid leave became a common way to reduce labor costs. In the article, we will discuss the legality of its application. According to The International Organization labor, due to the deepening ...

• Tours at the expense of the FSS RF

  In some cases, rest or treatment can be paid for by the FSS of the Russian Federation.

• Downtime - work in the organization is temporarily suspended

  Management may decide to temporarily suspend work in the organization. The reasons are different: equipment breakdown, interruptions in the supply of raw materials, an accident or natural disaster. But even in such a situation, the company is obliged to keep records and submit tax and accounting reports.

• Working during parental leave: clarifying the situation

  The Labor Code legislatively fixes the solution to a problem that is often encountered in life. The mother of the child or other persons eligible for parental leave may in some cases be able to work from home or work part-time. And they want to realize this opportunity. There are many reasons for this: additional material support from the family is needed, you need to constantly improve your qualifications, and simply, you do not want to break away from the team for a long time. Let's consider how this is implemented in labor legislation.

  Rostrud explained in detail what the irregular working day regime is and how it should be compensated in accordance with the current edition of the Labor Code.

  In the current environment, the transfer of employees to part-time work is practiced by companies quite often *. However, the procedure for establishing underemployment itself is not always perfect from the point of view of the law. Let's look at the most problematic situations related to changing the operating mode, which our readers told about. Let's analyze the errors inherent in these situations and show you how to fix them.

• Moving to part-time work

  We analyze the procedure for introducing a new operating mode
  Recently, due to financial difficulties, many companies would like to introduce part-time work. However, this is only possible under certain conditions and in compliance with the procedure established by the Labor Code.
  In this article, we will tell you about the order and under what conditions part-time work can be introduced and what documents need to be drawn up for this.

• Length of the working day (shift)

  A working day is a statutory time of day spent on work. The duration of work during the day, the moment of its beginning and end, breaks are established by the rules of the work schedule, and for shift work - also by the shift schedules.

• Working hours - what is it?

  Work time - this is the time during which the employee, according to the terms of the employment contract, must fulfill his labor duties, as well as some other periods of time that the legislation of the Russian Federation refers to as working time.

Very often, especially due to inexperience, personnel officers incorrectly draw up suspension from work, the grounds and procedure for dismissal should not run counter to the requirements of the Labor Code. After all suspension time is not paid, and offended employees can file a complaint with the State Inspection Service or go straight to court... AND in case of incorrect registration, the judge can recover both simple and moral damage... In order not to scatter the organization's money, you need to take into account all the nuances when making a suspension.

What is suspension from work

Suspension from work is not directly related to dismissal, it is an employer's action, aimed not at prohibiting a specific employee from working. This is done so that the employee does not injure himself and does not provoke an accident. Or maybe he cannot work in the same place for medical reasons or because of a ban.

A court may prohibit certain activities... For example, when deciding on a sentence to a teacher, the judge may impose such an additional punishment as a ban on teaching for a certain time. Or the driver's license will be taken away for traffic violation, as a result of which he will no longer be able to work as a driver.

Reminder

Article 76 of the Labor Code instructs to suspend an employee from work, if there is a reason.

Reasons for suspension from work

Article 76 contains a list of circumstances in which an employee should not be allowed to work. And the circumstances are:

• an employee in an inadequate state (drunk or under the influence of toxins or drugs);
• the employee is not trained in safety or labor protection;
• there is no certificate from a doctor or psychiatrist, if such is required when applying for a job;
• if this work is contraindicated for the employee (for example, a disabled person brought an IPR, in which contraindications are directly indicated);
• if the employee is temporarily (up to 2 months) deprived of his rights or license, and there is no other vacancy;
• if the court verdict contains a demand for suspension from work.

The list is not closed by the article, because there may be other reasons for removal... For example, an attack of epilepsy will occur, while the disease itself has not yet been diagnosed. Carriers of infection should also be temporarily suspended from work at the request of sanitary doctors.

For your information

According to Article 357 of the Labor Code, the labor inspector has the right to issue an order to dismiss employees who have not been instructed in safety. And article 114 of the Criminal Procedure Code gave the investigator the power to demand the temporary suspension of the accused from work. The employer is obliged to fulfill both the order of the inspector and the demand of the investigator.

Suspension from work at the initiative of the employer

As soon as the employer discerns one of the above reasons, the employee must not be allowed into the workplace until the reason is eliminated. At the same time, the suspension time is not paid, but with a proviso: if the employee did not pass the TB knowledge test or the medical board through no fault of his own, then the suspension time is paid as a simple one, that is, in the amount of 2/3 of the salary.

Execution of suspension from work must begin with an act... For example, an employee showed up to work drunk. First, we fix his inadequate state with an act. In the act, we describe the situation, time and place of drawing up the act. Be sure to involve a couple of eyewitnesses... Their positions, full names and signatures are recorded at the end of the document.

Activation procedure

As soon as the act is drawn up, we demand an explanation from the offender. When explanations are received (you can directly on the act) or the culprit is simply not able to provide them, we draw up an act about this and prepare an order.

Suspension order

There is no generally accepted form of the order; it can be printed arbitrarily. This is a document on the main activity, although it is directed towards an individual. The order is prepared on the basis of the act, therefore the details of the act must appear in the order. It is imperative to indicate for how long the employee is suspended from work.

Order of suspension from work, a sample of which, be sure to endorse both the director and the guilty employee.

It is best to assign the execution of the order to the immediate superior of the suspended employee or to watchmen, if the organization has a checkpoint.

Suspension from work in the time sheet

The report card has long ceased to be a mandatory form, so the designations in it can be those that are accepted in your organization. If you use a unified form, the suspension from work is recorded as follows:

• "PV" - forced absenteeism (if the suspension is declared illegal);
• "BUT" - paid suspension;
• "NB" - suspension without payment.

Unlawful suspension from work

Attention!

Important : if you do not draw up the required acts or order, that is, violate the suspension from work, the grounds and procedure for the suspension described in the Labor Code, the labor inspector or judge may well recognize your actions as illegal.

And if this happens, the following measures can be taken against the company:

• recovery of forced truancy (Article 234 of the Labor Code);
• imposition of a fine of up to 50 thousand (Article 5.27 of the Administrative Code).

Besides and the personnel officer can be imposed fine up to 5 thousand rubles for violation of labor law... And so close to dismissal for non-compliance. Therefore, arrange everything correctly from the beginning and according to the law!