Suspension from work for failure to undergo a medical examination: fines and liability of the employee and employer

Author: Ivan Ivanov

Employees of certain industries and organizations, on the basis of Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n dated April 12, 2011 (as amended on February 6, 2018), are required to undergo a medical examination. Violation of this procedure negatively affects the activities of the organization and complicates the life of the employee himself.

Diseases discovered during a medical examination affect performance, reduce production efficiency, and prevent the full scope of work.

For failure to undergo a medical examination, an employee has the right to be temporarily suspended from work duties until the results of the examination are presented. Mandatory medical examination is provided for the category of persons approved by Articles 266 and 348.3 of the Labor Code of the Russian Federation. These include:

persons under 21 years of age;
employees of preschool and school educational institutions;
catering workers (canteens, restaurants, cafes), trade workers;
representatives of the light and food industries;
machinists, drivers of all types of transport;
employees of beauty salons, saunas, laundries, hairdressers;
workers of hazardous and hazardous industries;
representatives of livestock farming, water supply, poultry farms.

Harmful industries are associated with biological and chemical hazardous substances, toxins, allergens, and ultraviolet radiation.

To prevent occupational health hazards, preventive examinations are scheduled. Service workers are responsible for the health of those with whom they interact due to their profession. Therefore, they are required to undergo periodic medical examinations.

The legislative framework

Law on protecting the health of citizens of November 21, 2011 No. 323-FZ;
Order of the Ministry of Health and Social Development of Russia on mandatory medical examinations dated April 12, 2011 No. 302n;
Labor Code of the Russian Federation.

The Labor Code regulates that in cases provided for by law:

the employer must organize mandatory medical examinations (Article 212 of the Labor Code of the Russian Federation),
the employer does not have the right to allow citizens to perform their job duties who have not undergone a medical examination (Article 212 of the Labor Code of the Russian Federation),
employees are required to undergo preliminary and periodic medical examinations (Articles 213, 214 of the Labor Code of the Russian Federation).

Law No. 302n specifies the procedure for conducting medical examinations and a list of work during which personnel must undergo regular examinations. Employees working in the following areas must undergo mandatory inspections:

education;
healthcare;
public catering;
social sphere;
food industry;
construction;
motor transport;
home service, etc.

Ignoring deadlines or medical examination procedures

In case of temporary incapacity for work (issue of sick leave), the examination period should be extended. An employee’s refusal without a good reason should be followed by clarification of the reasons and disciplinary liability.

Having sent an employee to a medical institution according to an order, the manager is obliged to monitor the execution of the order. If disciplinary action does not follow because the manager does not consider it necessary, removal from work is a mandatory condition for this offense.

The procedure for removal is not regulated by law, nor is the period during which it must be observed. The resolution of this issue is left to the discretion of the employer. More often this is a period of three to seven days. The sooner the medical examination is completed, the sooner the employee will be restored to full wages - this is in the interests of the employee himself. If during the suspension there is a period of incapacity for work on sick leave, payments are made on a general basis.

In addition to dismissal and failure to sign an employment contract, a form of disciplinary punishment can be applied - dismissal, which is used for repeated punishment.

There is no fine as a punishment for this violation of labor discipline.

According to Art. 212 of the Labor Code of the Russian Federation, the employer has the right to remove an employee from performing his duties without a mandatory examination by a psychiatrist or due to contraindications from a medical institution. Failure to appear for a mandatory examination may result in dismissal or punishment for absenteeism, unless there is a valid reason for missing a visit to a medical facility.

The video describes in detail the legal procedure for undergoing a medical examination when applying for a job.

Responsibility for non-compliance with legal requirements

For each participant in the relationship for organizing periodic medical examinations for violating the procedure established by law, the following penalties are provided:

the medical institution bears administrative and legal responsibility for the quality of the medical examination and the validity of the conclusions;
the employee is responsible for timely attendance at the examination;
the employer will have to be responsible for the lack of proper organization of medical examinations and for allowing persons who have not passed the examination to perform work duties.

Punishments for failure to undergo a medical examination are regulated by the Labor Code of the Russian Federation, the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Timely completion of routine medical examinations will help employers avoid penalties and ensure that the health status of all employees meets the requirements.

Types of medical examination

A set of measures to check health, identify possible diseases, and prevent pathologies is divided into three types:

Preliminary. This is a mandatory part of the procedure when signing an employment contract in certain areas of activity. For whom it is obligatory: minors working in the Far North, athletes, drivers, customs officers, Ministry of Emergency Situations, Russian Railways, judges, workers in hazardous heavy labor. If a disease is detected that prevents the performance of duties, the manager has the right to refuse employment.
Periodic. It will help protect against viral epidemics and parasitic diseases. The list of procedures for inspection by specialists is the same for any enterprise. Necessary examinations: fluorography, ECG. As well as consultations with a therapist, surgeon, neurologist, ophthalmologist, general blood test. A medical examination is mandatory when working with people, animals, or in hazardous industries. Drivers, pilots, machinists are required to undergo special testing (pre-trip medical examination) before each trip.
Extraordinary. It can be carried out on the initiative of the employee himself in connection with a deterioration in his general health associated with professional activity. When summing up the results of a periodic examination, a medical commission can prescribe and recommend additional unscheduled examinations.

Administrative responsibility of employers

Fines for failure to undergo periodic medical examinations by labor personnel are determined by Part 3 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. So, in accordance with this article, the punishment for employers will be as follows:

for officials – 15-25 thousand rubles;
for individual entrepreneurs – 15-25 thousand rubles;
for legal entities – 110-130 thousand rubles.

For repeated violations, the perpetrators will be punished under Part 5 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. The fines will be higher:

for organizations – 100-200 thousand rubles;
for individual entrepreneurs and executives – 30-40 thousand rubles.

Penalties are not the only punishment for repeated violations; the following sanctions may also be applied:

the work of individual entrepreneurs and companies may be suspended for up to 90 days;
officials may be disqualified for a period of 1 to 3 years.

Employer's liability

The manager’s responsibility is to organize, pay for, and control medical examinations of his employees. The Code of Contraventions includes penalties for hiring persons who have contraindications based on the results of a medical examination or who have not passed it. The fine is quite large:

organizations - 100,000 - 130,000 rubles;
official - 15,000 - 20,000 rubles;
individual entrepreneurs - 15,000 - 25,000 rubles.

Administrative punishment for a manager is disqualification from one to three years.

The most severe punishment for persons obliged to comply with labor protection and safety rules is, in addition to fines, correctional and compulsory forced labor (from 180 hours to one year). As well as imprisonment for up to one year

Additionally, after serving the sentence, a ban may be imposed on holding the main position for another year.

Office workers are sent for a mandatory medical examination upon entering the service, and undergo it every two years if they spend half of their working time at the computer, and the amount of such work is indicated when concluding an employment contract.

Hoping that the inspection will not inspect the workplace, will not record the time spent on the computer and will not impose penalties, employers do not comply with the schedule for employees to undergo this medical examination.

Criminal liability

Criminal liability for non-compliance with labor protection rules is established by Art. 143 of the Criminal Code of the Russian Federation. This article will be applied to the employer if he deliberately allows persons to work who have not undergone a medical examination or have certain medical contraindications, and as a result of such actions serious harm to the health of one or more people will be caused. The death of one or more people as a result of negligence in complying with the requirements of current legislation will also entail criminal liability.

In accordance with Art. 143 of the Criminal Code of the Russian Federation, offenders will face the following punishments:

fine (for failure to undergo periodic medical examination of hired personnel, among other things) – up to 400 thousand rubles;
compulsory work (180-240 hours);
repair work (up to 2 years);
forced labor (up to 1 year);
imprisonment (up to 1 year).

What should an employer do if an employee does not pass a medical examination?

If a hired employee who is required to undergo medical examinations fails to undergo the examination due to his own fault, the employer has the right to remove him from work. Basis – art. Labor Code of the Russian Federation. No wages will be accrued in this case. Also, a disciplinary sanction can be applied to the violator in compliance with the procedures specified in Art. 193 Labor Code of the Russian Federation.

If, after all the measures taken, an individual still does not pass the medical examination, the employer can dismiss him (grounds: clause 5, part 1, article 81 of the Labor Code of the Russian Federation). Fines are not applied to employers in such cases.

There are situations when an employee was unable to undergo a medical examination in a timely manner for good reasons or due to circumstances beyond his control. Then, for the entire period of forced suspension, he will be paid a salary as for downtime.

Sanctions to the employee

For failure to comply with the requirements, fairly severe penalties are provided: fines, reprimands. For failure to undergo a medical examination, the manager has the right to remove the employee from performing his duties. The procedure for this action is as follows:

Drawing up a document confirming disobedience to management (an act with an explanatory note attached).
Issuance of an order for removal from office and its registration in the journal.
Presenting the order to the employee and inviting him to sign it for review.
Entering downtime into the time sheet due to failure to pass a medical examination, reducing wages for these days.
Issuance and registration of an order for admission after the violation has been eliminated.
Familiarization of the employee with the order to restore normal work activities.

Documents for download (free)

Form of order for suspension from work due to failure to pass a medical examination

If an employee refuses to certify with a signature the fact of familiarization, this does not relieve him of responsibility. A document confirming failure to pass can be: a written refusal, an explanatory note, a sick leave certificate, a certificate of refusal, written information about failure to appear from a medical institution. An order for dismissal from work is issued as follows. It states:

personal data of the employee, position;
grounds for removal (part 1 of article 76 of the Labor Code of the Russian Federation);
the period for which the employee is suspended;
the presence or absence of guilt in the fact that the examination was not completed (sick leave, certificate);
payment for the period of release;
documents confirming failure to appear.

How and where to pay fines?

Details for paying fines must be provided by the body that holds the individual entrepreneur or legal entity accountable. In this case, it is the State Labor Inspectorate. Payment must be made through a bank so that you have documentary evidence on hand. If there are several fines, each of them must be paid separately. Receipts should be retained.

Organizations and individuals are given 60 calendar days to pay penalties. The countdown begins from the day the decision to impose a fine comes into force. Offenders are not required to send copies or original receipts to the authority that issued the order.

Schedule and payment

The company pays for medical examinations for employees. These amounts are not subject to personal income tax, insurance premiums, and are taken into account when calculating profits among other expenses.

During the time spent on the medical examination, wages are retained in full. Days are not paid if the employee refuses to undergo a medical examination as scheduled. They are marked “MO” on the accounting sheet. If the employee completed less time or worked on these days, he receives his regular salary without additional payments.

The employer has the right to enter into an agreement with both a private medical institution and a state one that has a license to conduct all types of medical examinations. The institution must also conduct an examination to determine the professional suitability of personnel. If this service is not provided, the contract is not concluded.