often in order to do its job, a person must meet a number of conditions defined by the labor legislation.Otherwise, you need to suspension from work.This procedure is only possible in cases specified by law, it is - not a right of the employer, and his duty.In particular, on the basis of the Labour Code suspension from work should be done in cases where:
- workers are not completed compulsory psychiatric examination or physical examination;
- the doctor has determined that the employee for medical reasons can not perform his job;
- worker came to work in a state of intoxication (drugs, alcohol, toxic);
- a person fails the test of skills and knowledge, as well as occupational safety and health training;
- a worker deprived of the right to drive, carry weapons and the like, while it can not be transferred to other work or carry out their work functions;
- that require different supervisory bodies or persons authorized by law;
- there are other obstacles to work defined by existing legislation.
Suspension made for the period until they are eliminated the reasons for which it took place.It certainly is the order.If suspension from work was due to the fact that the man was drunk, to prevent the work it can only be after his condition normal.In the case of deprivation of a special right - until the restoration of rights.As a rule, the order must be preceded by the publication of a document proving that the employee should be suspended from work.It should state the reasons for which you want to suspension from work.This is particularly important when it can only be accomplished if certain conditions.For example, when a person does not want to be transferred to another job, which he is not forbidden to perform for reasons of health.
If the removal of the worker from the work going on non-compliance with procedural aspects, it may have negative consequences for the employer, especially in legal proceedings.A court may declare unlawful orders and to oblige the employer to pay the forced absence.In most cases, removal from the salary of the employee work is not charged.The exception - occasions when he could not pass the test of knowledge and training of labor protection or compulsory medical check-up.In this case, the suspension period be paid the same way as paid ordinary (the fault of the employer, for reasons independent of the parties).It is understood that suspension from work - this is not the release of an employee from work, which is guaranteed to retain its earnings and jobs.Cases of exemption from work as stipulated by law, but may still be supplemented by collective agreement or an act of a local organization.
