Tip 1: How to remove an employee from work

in some cases provided by law, an employee is allowed to be removed from the work .To do this, issue orders, which are the foundation supporting documents.When employee suspension from duty wages are not credited.When the grounds are exhausted, compiled an order canceling an order of removal.
you need
  • - Labour Code of the Russian Federation;
  • - the Criminal Procedure Code of the Russian Federation;
  • - order form;
  • - documents that are grounds for suspension;
  • - documents employee.
Guide
1
case of violation of labor discipline, for example, employee attendance the influence of drugs, alcohol intoxication, you have the right to exclude from the expert work .To do this, make up the order.A special form of such an order does not exist, so use the form developed by the company.
2
Specify name (full).Write the number.The date of the order.Enter personal details, the name of the position, the department where decorated specialist.The base orders indicate reference physician or othe
r qualified person.With alcohol, drug intoxication conclusion medical officer is mandatory.
3
Column threads write to order the removal of the employee from performing the functions of labor.If it is possible to determine the expiration date of the order, register it.
4
When removal specialist from work in the case of excitation of criminal case on him the expiration date of the order to determine, as a rule, it is impossible.This is due to the fact that the trial and the investigation can last between one and two years.In such a situation as the basis of the order, specify the notice of the relevant body.When removing the charges from the employee ordered the cancellation of the administrative document on discharge from the performance of labor functions.In this case, the base will serve as the prosecutor or investigator.
5
When removal employee from work for medical reasons, for example, the employee found an infectious disease, issued an order, the effect of which can be terminated when the specialist is completely cured of the disease.
6
parallel with the order of removal, make an order to suspend the payment of compensation to the employee.If the date of termination of the base is known, enter it in the administrative document.
7
Labor Code and other federal acts of the Government of the Russian Federation provides for liability for the unlawful removal from work .To stop the payment of wages should be guided by Article 76 of the Labour Code, which provides a list of grounds for dismissal.

Tip 2: How to suspend an employee

Labor Code in article 76 provides for the obligation of the employer in some cases to prevent the employee to perform job functions, that is suspended from work.It is important to draw the removal to the employee could not subsequently challenge its validity in court.
How to suspend an employee
you need
  • - Labour Code of the Russian Federation;
  • - Document the reasons for the suspension.
Guide
1
Note that the law provides several grounds for dismissal from work:
- appearance at work in a state of alcoholic, narcotic or other toxic substances;
- if the employee has not received training and examination in the field of occupational safety and health;
- if the employee has not passed the mandatory medical examination, and when necessary - a psychiatric examination;
- If an employee is contraindicated performance of official duties, and this is confirmed by a medical report;
- deprivation of an employee for up to two months of special rights necessary to perform the duties (eg, driver's license, licenses, etc.) and the inability to transfer him to another job;
- at the request of legally authorized bodies and officials;
- other cases stipulated by the legislation of the Russian Federation.
2
Each of these reasons must be accompanied by supporting documents.For example, when depriving workers of the right vehicle control under excitation against a criminal case related to the need for removal from work, using as a basis the relevant ruling or decision.When the employee at work drunk, you will need a memo immediate supervisor, act of violation of labor discipline, drawn up in the presence of witnesses, the medical report.
3
The document justifying the suspension, prepare the order or instruction signed by the head of the organization.Specify in it the reason for which the employee is not allowed to perform official duties.
4
In addition, indicate the period for which he was suspended from work.Typically, this period lasts until the resolution of the problems hindering the implementation of labor functions.But if at the time of issuance of the order is difficult to establish the end of the period, it can not restrict a specific date, for example, "to cure", "until the completion of training."
5
Make to order or instruction mark for accounts that at the time of removal of the employee's salary will not be charged.Do not forget to determine who will perform the duties of the discharged employee.
6
Familiarize employees with the order by hand.If he will shy away from signing the form to its failure to act in the commission of at least three persons (for example, the head of personnel, the immediate supervisor of the offender, legal advisor).
Sources:
  • suspension from work: procedures and policies
  • suspend an employee as a

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