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Published: 10/31/2019
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- 1 The employer’s obligation to organize medical examinations of employees
- 2 In what cases is a medical examination carried out at the initiative of the employee?
- 3 Who is required to undergo a medical examination
- 4 Briefly
- 5 Timing and frequency of medical examination
- 6 What to do if an employee has not passed a medical examination? 6.1 Drawing up an order
Inspection procedure
Unscheduled examinations can be carried out for an individual or a group of employees at the initiative of employees or administration.
At the legislative level, this right is stated somewhat vaguely. Therefore, you need to learn about the rules for undergoing extraordinary medical examinations from the local regulatory act (LNA) of the organization. This document contains labor law norms adopted by the employer within the limits of its competence and within the framework of current legislation. Important. Interim examinations are carried out in the same medical institutions as planned examinations.
Extraordinary medical examination at the request of the employee
An unscheduled examination at the initiative of an employee is possible with the recommendation of doctors, after undergoing a scheduled examination. This type involves the application of one person, or a list of workers. In this case, it is necessary to inform the employer about the need for examination by specialists in advance, and receive time off during the examination and compensation for the services of medical workers.
When receiving a preliminary diagnosis of an occupational or chronic disease, you can proceed as follows:
- receive a specially issued report indicating the results of past examinations;
- go to a medical institution privately and receive a sick leave certificate.
If the procedure and standards for submitting an application by the employee have been followed and the fact of the need for additional medical supervision has been established, the refusal of the employer’s administration to provide assistance and time to complete it will be considered a violation of the law.
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Grounds for dismissal of an employee who has not passed a medical examination
If an employee is suspended from work due to failure to undergo a periodic medical examination, and after a certain time the employer still does not have a medical examination report in hand, then the employee can be dismissed on the initiative of the employer in accordance with clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (repeated failure to fulfill labor duties without good reason)
If, based on the results of the inspection, the employee received a negative conclusion, and the employer does not have a suitable place for him, then the employment agreement is terminated at the initiative of the employer under clause 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to transfer to another job necessary due to a medical report).
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Attention! If, based on the results of a medical examination, the employee was diagnosed with a disability, as a result of which he was declared completely unfit to perform labor duties, then his dismissal is carried out at the initiative of the employer in accordance with clause 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation (recognition as completely incapable of working according to a medical report).
At the initiative of the employer
The Labor Code of the Russian Federation provides for the possibility of an unscheduled medical examination, initiated by the employer's administration. In this case, employees of many enterprises have the right to ignore such direction.
There are many reasons why an employer can exercise his right; we list only the most common of them:
- Obtaining information about regional epidemics;
- Deterioration in the working capacity of an individual or group of individuals;
- Complaints from third parties about the well-being and performance of a colleague;
- Emergencies, incidents leading to deterioration of physical or psychological health.
Each specific situation is considered individually, in accordance with the local regulations of the company. There are currently no clear regulations for employer actions based on legislation.
Important. An extraordinary medical examination is possible both at the initiative of the employee and at the initiative of the employer. A weighty argument when requesting an unscheduled examination on the part of an employee is the testimony of specialists about the need to undergo it. On the part of the employer, a referral for a medical examination can be justified by a number of other reasons.
Firstly, the legislator is actively combining medical examinations of workers with medical examinations
According to the new rules, the employer has the right to organize the first stage for its employees
medical examination or preventive medical examination at the expense of compulsory medical insurance in order to provide the results of the medical commission necessary in preparing a conclusion based on the results of the preliminary / periodic examination.
At the same time, the cost of services provided at the expense of compulsory medical insurance funds is not taken into account in payment under the agreement concluded with the employer for conducting a medical examination of employees.
For this purpose, information about the compulsory medical insurance policy will be additionally collected from employees.
and transfer them to the medical center.
In turn, medical centers conducting medical examinations are given the right to receive, within the framework of electronic document management from clinics, the results of a previously conducted medical examination even before the employee appears for a medical examination.
How can an employee receive a referral for examination?
The most common way to obtain a recommendation for additional examination is to establish a preliminary diagnosis during a routine examination. If, for some reason, a planned round of a medical institution did not reveal any health problems, but after its completion, disturbances in the normal functioning of the body arose, you can contact specialists privately and receive a sick leave.
Based on this, you can contact your manager for a written referral.
The employer's referral must include the following information:
- Name, type of activity and form of ownership of the enterprise;
- Full name of the employee and his position;
- Medical institution where the employee is sent;
- Reasons why the referral was issued.
Important. With this form of application, unscheduled medical observation services are paid for by the employer; during the examination, the employee’s workplace and his salary are maintained.
The results of the examination are published within 15 days. During this time, the employee receives recommendations from specialists. If the period of incapacity for work takes longer, it is possible to extend the sick leave at the medical institution at the employee’s place of residence.
If an employee does not receive any health advice from specialists for a long period of time, the employer has the right to speed up the process using legal measures. For example, the head of an enterprise can send a written appeal to the chief physician of a hospital.
How to refer an employee for inspection
Every employer faces the question of how to send their subordinates to an unscheduled inspection.
Based on legislative norms, the following categories of citizens do not have the right to ignore a referral for examination:
- Workers in hazardous industries;
- Workers whose activities take place in hazardous working conditions;
- Employees of schools and kindergartens, as well as other institutions in direct contact with children;
- People working in trade and public catering;
- Medical workers;
- Drivers of motor vehicles.
Other categories of citizens can theoretically ignore a referral for inspection from management if this is not stipulated in a local regulation. However, it is highly undesirable to do this, as there is a risk of worsening the current health condition.
Who is required to undergo a medical examination?
The list of persons for whom a medical examination is mandatory is determined by labor standards:
- Employees, if they are under 18 years of age.
- Employees whose workplace, according to the carried out special safety regulations, is exposed to hazardous and harmful factors.
- Workers in the food industry, catering organizations, direct trade enterprises.
- Employees who work on a rotational basis.
- Enterprise employees whose workplaces are underground.
- An employee of companies whose activities are carried out in the territories of the Far North and equivalent regions.
- Private security workers.
- Professional athletes.
- Employees of educational institutions.
- Workers associated with the transport department.
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Attention! Russian legislation may expand this list of persons.
Consequences of ignoring referrals for examination
Employees whose professions are not listed above are not directly responsible for evading an unscheduled medical examination. For all others whose type of activity is specified in the labor code, there is a risk of not being allowed to perform direct work duties. Penalties for violation of the labor code are also possible in the form of fines in the amount of 10,000 to 130,000 rubles, depending on whether the company has a legal entity.
Neglecting an emergency medical examination can result in significant deterioration in health or even death. To avoid criminal liability, the employer must retain all referrals for examinations of its employees.
What to do if an employee does not pass a medical examination?
First of all, it is necessary to document the occurrence of a fact that allows the employee to be removed.
This can be done by drawing up one of the documents:
- Explanatory note about failure to undergo a medical examination;
- Refusal in writing to undergo inspection;
- Sick leave opened during the period of medical examination;
- Act on evading medical examination;
- Memo from the manager or responsible person;
- etc.
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Drawing up an order
Based on the available supporting documents, a removal order is issued. There is no special form for it, so it is usually compiled randomly on company letterhead.
The supporting document for the order is a document confirming the fact that the employee refused a medical examination. For example, a record of the issuance of a referral for a medical examination.
The document must reflect the reasons for the suspension and the duration of this action. You can specify the standard phrase “until the circumstances that served as the basis for removal are eliminated.” At that time, if it is possible to indicate a specific date, then it should be indicated.
Attention! The order must reflect the procedure for remuneration for the specified days. Thus, the salary for this period is not accrued to the employee unless the employee was unable to pass the examination for a good reason.
To confirm the fact that the employee has been notified of the reasons for his removal from work duties, he must be given a written notice. This document is drawn up in free form, usually using letterhead.
The notice must reflect:
- Full name and position of the employee;
- Information about the need to undergo periodic medical examination;
- The date from which the employee will be suspended if he does not pass;
- Indication of deprivation of wages for the period of suspension from work.
At the bottom of the form, there must be a field in which the employee will put a date and signature to confirm receipt.
If the employee refuses to receive the notice or sign for it, then it is necessary to assemble a commission and, in its presence, read the text of the notice to the employee. Next, a refusal act is drawn up, which is stored along with the notification form.
