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Rules for passing a medical examination during working hours. An employee of the organization working on a shift schedule was sent for a periodic medical examination on his day off

In general, labor legislation does not establish an obligation for an employee to go to work on the day of the medical examination, regardless of the time that the employee spends on the medical examination.

But passing a medical examination is the duty of the employee, and he must fulfill it in work time(Article 21 of the Labor Code of the Russian Federation). That is, if the working time starts at 16.00, then the employee can begin to undergo a medical examination only from 16.00. If the medical examination began earlier (on the same day), then this is considered overtime work(Art. 99, Art. 152 of the Labor Code of the Russian Federation).

1. Situation: Is an employee who undergoes a mandatory periodic medical examination required to come to work on that day

“Yes, it is obliged, if the employer has provided for such an obligation in the local act.

Employees who are employed in certain jobs are required to undergo mandatory periodic medical examinations at the expense of the organization. At the time of the medical examination, the employee is kept at their place of work and average earnings* (paragraph 12, part 2, article 212, article 185 of the Labor Code of the Russian Federation). In this case, a medical examination can take both a few hours and a whole working day. Labor legislation does not establish an obligation for an employee to go to work on the day of the medical examination, regardless of the time that the employee spends on the medical examination*. At the same time, the employer has the right to provide for cases when an employee is obliged to go to work on the day of the medical examination, and fix such an order in a local act. For example, in an order approving a plan for a mandatory periodic medical examination and sending it for a medical examination, indicate the date and time of the start and end of the medical examination and indicate the employee's obligation to return to work after the medical examination.

More on the topic: How to reflect the time an employee underwent a medical examination and the time of work on that day in the time sheet.

2. Situation: What marks to put in the report card if the employee worked part of the day, and part of the day underwent a mandatory medical examination

“Employees who are employed in certain jobs are required to undergo mandatory periodic medical examinations at the expense of the organization. For the period of the medical examination, the employee retains their place of work and average earnings (paragraph 12, part 2, article 212, article 185 of the Labor Code of the Russian Federation).

Since the employee passed a medical examination on his working day and managed to work, both actions must be reflected in the report card *.

If an organization uses unified form timesheet, then reflect the time of work with the letter code "I" or the digital "01". Code for medical examinations standard forms do not contain a time sheet, so the employer has the right to introduce his own symbol. For example, the letter code "MO" or the digital "40" (Procedure approved by the Decree of the State Statistics Committee of Russia dated March 24, 1999 No. 20). As a result, in the report card for the day on which the employee worked and underwent a medical examination, indicate a double code through a fraction - “I / MO”. In the column below, indicate the actual number of hours that the employee worked that day and spent on a medical examination, for example: "5/3". Such a designation will show the accountant that the employee worked five hours on the specified day and during this time he needs to accrue salary in general order, and another three hours passed a medical examination, which means that during this time it is necessary to accrue average earnings.

If the organization uses a self-developed form of the report card, use your codes adopted to indicate the appearance and passing of the medical examination.

Due to the fact that today citizens are increasingly ignoring medical examinations, i.e. a number of measures to identify and prevent various diseases, the State Duma decided to amend the Labor Code of the Russian Federation. We are talking about providing employees with one paid day once every three years. These are mandatory measures for all employers.

specifics

Bill No. 1001390-6 was proposed by deputies from the party “ United Russia". It is they who are in favor of officially introducing another day off paid by the employer. This applies to all citizens of Russia. The only moment, the day off will be granted only once every three years.

Clinical examination of citizens of the Russian Federation

Preventive medical examination for employees is mandatory, but, unfortunately, many people ignore it. Actually, it was precisely in view of this that this initiative was adopted by the deputies of the State Duma.

According to the law, all that is required of the employee is to notify the authorities with the help of a statement on which specific day he needs a day off to undergo a medical examination. The employee is released on the appointed day from his official duties while maintaining average earnings.

In view of the foregoing, the Labor Code of the Russian Federation appears new article 185.1 “Guarantees for employees during medical examination” with the following content:

This issue has been considered since 2013, when the Ministry of Health of the Russian Federation re-launched medical examination of Russians, since it was then that the problem high degree morbidity and the percentage of deaths have increased to critical limits. The population must undergo a medical examination, which includes many relevant procedures once every three years. Despite the extensive complex, according to statistics, a person can meet up to one working day. Now this measure has a legislative character.

It is worth considering the fact that not always the procedures for medical examination are the same for the population. Much depends on the profession of a person, because doctors will make a bias on his activities, while the frequency will vary. The problem is that it is extremely difficult to cover the entire population in this way, especially to meet the time frame. often, health workers can only clarify whether the employee is suitable or not to perform work in his profile.

Answer to the question:

Passing a medical examination on a day off is the execution by an employee of the employer's order on his day of rest. In this regard, the passage of a medical examination on the employee's day off must be paid by the employer.

The basis for paying for this day is the order of the head of the institution to conduct a medical examination. The order should indicate on which day the employee should come to the doctor, how many hours are allotted for medical checkup how the day will be paid.

By general rule medical examination time is paid according to average earnings. But on the day off, the employee does not work and his salary is not charged. When fulfilling the instructions of the employer on his day off, the employee does not lose his salary, as it happens on a working day. Accordingly, the employer has no reason to compensate him for the loss of wages by paying average earnings.

This means that when passing a medical examination on a day off, an employee needs to accrue a double salary in accordance with the norms of the Labor Code of the Russian Federation, and not the average salary. Wages should be charged for the time the employee passes the medical examination.

Details in the materials of the System Personnel:

Situation: If an employee passed a medical examination on a day off

How to pay employees for a periodic medical examination if they passed it on their day off?

Responsible
N.V. Chutkov,
consultant on payroll, social benefits and their taxation

The employer is obliged to organize and pay for a periodic medical examination for certain categories of workers (, Labor Code of the Russian Federation). In turn, the employee must comply with the requirements for labor protection and labor safety (). As part of the fulfillment of this obligation, certain categories of employees must undergo a mandatory medical examination ().

Passing a medical examination on a day off is the execution by an employee of the employer's order on his day of rest. The basis for paying for this day is the order of the head of the institution to conduct a medical examination. The order should indicate on what day the employee must appear to the doctor, how many hours are allotted for a medical examination, how this day will be paid.

As a general rule, medical examination time is paid according to average earnings. But on the day off, the employee does not work and his salary is not charged. When fulfilling the instructions of the employer on his day off, the employee does not lose wages, as it happens on a working day. Accordingly, the employer has no reason to compensate him for the loss of wages by paying average earnings. This means that when passing a medical examination on a day off, an employee needs to accrue a double salary in accordance with the norms of the Labor Code of the Russian Federation, and not the average salary.

With respect and wishes for comfortable work, Elena Karsetskaya,

Expert Systems Personnel

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In addition to the cases provided for by law, the employer is obliged not to allow work (suspend from work) on the relevant day (shift) of the employee:

Those. if the employee has not passed a medical examination, which is required to pass periodically, the employer has the right to allow the employee to work only after passing the medical examination and in the absence, according to the results of the medical examination, of contraindications for the performance of labor duties, due to employment contract.

Should the employer extend the leave for the duration of the medical examination?

According to Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in cases of: temporary disability of the employee; performance by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work; in other cases provided for by labor legislation, local regulations.

In accordance with Art.

What to do if an employee fails a medical examination

The obligation of some employees to undergo preliminary and periodic medical examinations is determined by article 213 of the Labor Code. It identifies two main categories of workers who must undergo mandatory medical examinations:

It is worth mentioning that when applying for a job, employees under the age of 18 also undergo a medical examination (Art. 69 of the Labor Code of the Russian Federation), and employees recruited to work in the Far North from other areas (Art.

How to pay and reflect in the accounting time for employees to undergo a mandatory medical examination

Employees whose work is associated with increased danger. are obligatory at the expense of the organization. For the duration of medical examinations, they retain their average earnings (Article 185 of the Labor Code of the Russian Federation).

The organization is not entitled to allow an employee to work who has not passed the mandatory medical examination (paragraph 12, part 2, article 212 of the Labor Code of the Russian Federation). If it is not completed due to the fault of the employee, then the missed days are not paid to him.

How is medical examination time paid?

I state the essence of the matter. Passed the next and next psychiatric examination in May of this year. Used weekends. Travel time payment denied. Tried to vent the question in State Inspectorate labor, referred to paragraph 12.5 6Ts, Art. Art. 185; 213 of the Labor Code of the Russian Federation - and a completely paradoxical thing came out. Since May worked completely, the average salary did not decrease, and if so, then I used the weekend at my own discretion and there was nothing to pay me for.

Medical examination of employees according to - Order No. 302n: what does it mean - universal?

In accordance with the new rules, since the beginning of 2012, all Russian employers have been obliged to spend for their employees at their own expense. True, only in cases where the working conditions of workers can be summed up under the definition of "harmful". And this is where the fun begins! For the site JOB.RU, comments were given by our expert and colleague - Nadezhda Ivanovna Simonova.

All from the new year Russian organizations are required to pay for regular medical examinations of their employees.

Mandatory medical examinations: procedure and payment

Medical examinations of employees is a topic that seems to be familiar to everyone for a long time and does not raise any questions. Indeed, everything is very simple: there is a certain list of positions, professions and types of work, when working in which it is necessary to undergo mandatory medical examinations - first before entering a job and then - periodically during labor activity.

Moreover, it is possible to distinguish two main groups of workers subject to mandatory: the first - workers employed in hard work or in harmful, dangerous working conditions; the second - workers employed with food products, operation of the water supply system or maintenance of the population, children, patients.

Occupational Safety and Health

Many professions, when admitted to work, require not only certain knowledge, skills and abilities, but also the ability to perform certain tasks. functional responsibilities for health. To confirm this before employment, a preliminary medical examination is required.

IN Labor Code it is determined that the costs of passing a medical examination are borne by the employer (part 6 of article 213 of the Labor Code of the Russian Federation).

Pre-shift medical examination

Good day. With past and upcoming holidays. Please help me understand the current situation: Our company has organized a round-the-clock shift work. At the enterprise, according to working conditions, a mandatory pre-shift medical examination is organized. According to the law, a pre-shift medical examination is included in working hours, but, having accepted a shift from a shift, I do not have the right to leave workplace until the next shift arrives.