The procedure and timing of medical examinations for representatives of various professions. Should teachers undergo an annual medical examination? Medical examination of employees of educational institutions per year

Everyone who works in a school is familiar with the procedure for mandatory professional examination of teachers. Our advice will help those who work at school to undergo a medical examination as quickly and efficiently as possible.

How can we make the medical examination procedure easier for teachers?

For the convenience of modern professional medical examinations of teachers, today special medical complexes have been created, as well as a medical center, which greatly facilitate this procedure. In this case, a special medical commission is created, headed by an experienced occupational pathologist. The commission includes all the specialists necessary to carry out this procedure. The commission arrives at the educational institution and begins a professional examination - this procedure is called on-site medical examinations.

Our medical examination center offers the opportunity for employees educational institutions go through all the necessary doctors in a short time and get quality care

Which doctors should I visit for a professional examination?

The list of doctors usually includes the following:

• Therapist;
• Psychiatrist;
• Neurologist;
• Dermatovenerologist;
• Gynecologist;
• Ophthalmologist.

It will also be necessary to take a fluorography photo and undergo some tests.
The result of the professional inspection should be an entry in the report medical examination, as well as an entry in the teacher’s medical book. Some medical institutions provide additional document a citizen’s health passport, which includes the results of a medical examination, as well as the results of all his tests.

Make an appointment

How to persuade teachers to conscientiously undergo a professional examination?

For many school principals and administrators educational institutions This question becomes relevant before each professional examination.

Teaching staffs, as a rule, consist of women, so school administrations, before each medical examination procedure, have to listen to women’s “oohs” and sighs, as well as dissatisfied remarks and reproaches in their direction.

Practice shows that our fellow citizens do not like to go for medical examinations. But only thanks to such medical examinations is it possible to identify the disease at an early stage and cure it!

And if we also take into account the fact that the teaching profession is one of the difficult professions associated with great emotional stress, then how can we do without a professional medical examination!

Therefore, school principals need to be very patient, using all their endurance and life experience to persuade their colleagues to conscientiously treat the procedures for medical examinations.

However, today there are ways through which you can undergo a medical examination with much less nervous stress.

In any case, undergoing a professional examination is both more convenient and enjoyable. We are waiting for you at our medical center!

The article contains the procedure for conducting a medical examination, taking into account recent changes, the algorithm for conducting a periodic medical examination, an explanation of when it is necessary to conduct an unscheduled one, and what fines may be imposed for failure to conduct a medical examination.

Read our article:

New medical examinations for enterprise employees in 2019

A medical examination (MO) is a comprehensive examination of an employee in order to identify negative changes in his health and determine his suitability to perform job duties. First of all, a medical examination is necessary for personnel who are exposed to harmful and hazardous production factors (HAPF) in the workplace. The list of such factors and the procedure for undergoing medical examinations by employees are established by Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

In March 2018, the approved changes came into force. It was expanded (clause 20 of Appendix No. 2): instead of employees of social shelters and nursing homes, employees of organizations must now be sent to the Ministry of Defense social services providing social services:

• in stationary form of social services;
• semi-stationary form of social services;
• in the form of social services at home.

The procedure for conducting a medical examination in Appendix No. 3, as well as the requirements for documents confirming its completion, have not changed.

The service was created to simplify routine tasks, including those related to organizing a medical examination. The service will automatically generate completed lists of contingents, referrals for medical examinations and draw up a schedule of medical examinations; in addition, in the service you can view paragraph of order 302n and the frequency of medical examinations simply by typing the name of a specific position.

Article 213 of the Labor Code of the Russian Federation - medical examinations

For what purposes are mandatory periodic medical examinations carried out?

The following employees must undergo periodic preventive medical examinations.

• Those exposed to harmful or dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations are carried out.
• Performing work specified in the list, during the performance of which mandatory preliminary and periodic medical examinations of workers are carried out.
• . If these jobs involve persons under 21 years of age, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).
• Involved in underground work. Such employees undergo periodic medical examinations annually (clause 12 of Appendix 2 to Order No. 302n).
• Employed in food industry organizations, Catering and trade, water supply facilities, medical organizations and child care institutions (Article 213 of the Labor Code of the Russian Federation). The frequency of medical examinations for specific professions is given in Appendix No. 2 to Order No. 302n.
• Athletes. They undergo medical examinations annually (Article 348.3 of the Labor Code of the Russian Federation).
• Persons under 18 years of age. They undergo medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

The List specifies the jobs and professions during which workers must undergo mandatory preliminary and periodic medical examinations, regardless of what is established at these workplaces and the availability of vocational training.

Name of work and professions	Inspection frequency
	1 time per year
10. Performed directly on mechanical equipment that has open moving (rotating) structural elements (lathes, milling and other machines, stamping presses, etc.)	1 time every 2 years
11. Under water, performed by workers in a gas environment under normal pressure conditions	1 time every 2 years
12. Underground	1 time per year
13. Performed using insulating and filtering gas masks with a full face part	1 time every 2 years
14. In food industry organizations, dairy and distribution points, food bases and warehouses, where there is contact with food products in the process of their production, storage, sale, including work on sanitary processing and repair of inventory, equipment, as well as work where there is contact with food products during their transportation by all types of transport	1 time per year
15. In catering organizations, trade, buffets, catering units, including in transport	1 time per year
16. Performed by students of educational organizations of general and vocational education before and during internship in organizations whose employees are subject to medical examinations	1 time per year
17. Medical personnel medical and preventive institutions, as well as maternity hospitals (departments), children's hospitals (departments), children's clinics, departments of pathology of newborns, premature babies	1 time per year
18. In educational organizations of all types and types, as well as children's organizations that do not carry out educational activities ( sport sections, creative, leisure children's organizations, etc.)	1 time per year
19. In children's and adolescent seasonal health organizations	1 time per year
20. In preschool educational organizations, children's homes, organizations for orphans and children left without parental care (persons in their place), boarding educational organizations, recreational educational organizations, including sanatorium type, children's sanatoriums, year-round recreation camps , as well as social shelters and nursing homes	1 time per year
21. In consumer service organizations (bathhouse attendants, shower workers, hairdressers)	1 time per year
22. In swimming pools and spas	1 time per year
23. In hotels, hostels, passenger carriages (conductors), as a flight attendant	1 time per year
24. In organizations of the medical industry and pharmacy chains related to the manufacture, packaging and sale of medicines	1 time per year
25. At water supply facilities related to water treatment and maintenance of water supply networks	1 time per year
26. Related to milk processing and production of dairy products	1 time per year
27. On driving land vehicles	1 time every 2 years

*If the listed jobs involve persons under 21 years of age, they undergo medical examinations annually (Article 213 of the Labor Code of the Russian Federation).

Medical examinations should be carried out already in the presence of harmful or dangerous production factors specified in the list at the workplace, and their level does not matter.

The following factors are exceptions:

• 3.5. – ;
• 3.8., 3.9. - air temperature;
• 3.12. – light environment;
• 4.1. – physical overload;
• 4.4.1., 4.4.2., 4.4.3. – sensory loads.

For these factors, medical examinations are carried out only if working conditions are classified as harmful or dangerous based on the results of the special assessment assessment.

How to organize a preliminary medical examination

When hiring, for example, accountants, programmers, management personnel and other office employees who work at a computer more than 50 percent of the time, the employer is obliged to send them for a medical examination (clause 3.2.2.4 of the List of harmful and (or) hazardous production factors, approved by Order No. 302n). The frequency of MO is once every two years.

Passing a periodic medical examination

The procedure for conducting periodic medical examinations is regulated by Order No. 302n. The algorithm is as follows:

Medical organization within 30 days after completion periodic medical examinations summarizes their results. Then, together with the territorial bodies of Rospotrebnadzor and representatives of the employer, it compiles in four copies, which are sent within five working days from the date of approval:

• employer;
• to the center of occupational pathology of a constituent entity of the Russian Federation;
• to the territorial body of Rospotrebnadzor.

One copy of the final act is kept in the medical organization for 50 years.

When are extraordinary medical examinations of employees carried out?

Extraordinary medical examinations are carried out on the basis of medical recommendations specified in the final report of the medical examination.

• at work with harmful or dangerous working conditions, including underground;
• at work related to traffic;
• athletes ();
• working in food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions, etc.

The employer has the right to send an employee to an extraordinary medical examination in the following cases:

• at the request of the workers themselves (Article 219 of the Labor Code of the Russian Federation);
• in accordance with the recommendations of specialists who participated in preliminary or periodic examinations, as well as for epidemiological indications;
• in accordance with ;
• according to the conclusion of the territorial bodies of Rospotrebnadzor with mandatory justification in the direction of the reasons;
• when a case of nosocomial infection is detected, by decision of specialists from Rospotrebnadzor authorities and institutions.

In the absence of the grounds listed above, the employer does not have the right to send the employee for an extraordinary medical examination without his consent.

An employee is obliged to immediately notify his immediate or superior manager about a deterioration in his health, including the manifestation of signs of an acute occupational disease (Article 214 of the Labor Code of the Russian Federation). The employer, if there are clear signs indicating a decrease in the employee’s ability to work, can send him for an extraordinary medical examination.

Who to refer for a medical examination

Responsibility for failure to undergo a medical examination in the organization

The employer is responsible not only for the timely organization of medical education for employees at its own expense, but also for the admission to work of persons who have not undergone a preliminary or periodic examination, or who are not allowed to work for medical reasons. If inspectors of regulatory authorities establish such a fact, the employer may incur administrative liability.

According to Part 3 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, the fine will be as follows:

• for officials – from 15,000 to 25,000 rubles;
• for persons carrying out entrepreneurial activity without forming a legal entity - from 15,000 to 25,000 rubles;
• For legal entities– from 110,000 to 130,000 rubles.

The amount of the fine is calculated based on the number of employees who have not completed the mandatory training. If, due to the lack of a medical examination, the employee’s health is seriously harmed or his death occurs, officials will be punished (Article 143 of the Criminal Code of the Russian Federation).

For example, employees engaged in underground work are required to undergo such medical examinations (Article 330.3 of the Labor Code of the Russian Federation). Preliminary medical examination Preliminary examinations are carried out upon hiring. Their goal is until imprisonment employment contract determine whether a candidate can apply for a particular position due to health reasons. If the preliminary medical examination is carried out in a medical institution, the candidate must be given a referral. In the direction issued to an applicant for a position in hazardous (hazardous) work, indicate the harmful (dangerous) production factors that the employee will encounter after being hired for a vacant position.

Mandatory medical examinations for employees of educational institutions

• employees engaged in heavy work and work with harmful (dangerous) working conditions (including underground work) (Article 213, 330.3 of the Labor Code of the Russian Federation);
• employees engaged in work related to traffic (Articles 213 and 328 of the Labor Code of the Russian Federation, Article 23 of the Law of December 10, 1995 No. 196-FZ);

• employees of food industry enterprises, public catering and trade, water supply facilities, medical and preventive care and children's institutions (Article 213 of the Labor Code of the Russian Federation);
• departmental security officers (Article 6 of the Law of April 14, 1999 No. 77-FZ).

Lists of harmful and dangerous production factors and work that require mandatory medical examinations are given in Appendices 1 and 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

Is a medical examination required for an accountant?

Since the law does not provide that employees performing part-time work as defined by Order No. 302n are exempt from the obligation to undergo mandatory preliminary and periodic medical examinations, the employer, without any exceptions, is obliged to conduct medical examinations for all employees, regardless of whether they work at the main place or part-time. The answer was prepared by: Expert of the Legal Consulting Service GARANT Pavlova Natalia Quality control of the response: Reviewer of the Legal Consulting Service GARANT Pribytkova Maria March 7, 2013 The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.
For getting detailed information about the service, please contact your service manager.

Teachers must undergo a medical examination annually

Thus, there is reason to believe that the use of subsidy funds allocated on the basis of a state task for the implementation of public services— implementation of general education programs at the appropriate level, it is lawful to cover the costs of an educational institution to ensure that its employees undergo mandatory medical examinations, in the absence of which, according to the current legislation, employees cannot be admitted to teaching and other activities in an educational institution in accordance with the Labor Code of the Russian Federation. This provision is confirmed by a letter from the Moscow Department of Education dated September 25, 2013 No. 01-08-2671/13 addressed to the heads of district education departments and heads of educational institutions in Moscow, which explains that the subsidy funds are for the implementation of the state task for 2013/2014 academic year

Expenses for medical examinations of employees of the institution (Zaripova m.)

Attention

Columns 7 - 8 are filled out in accordance with the information contained in the final reports of the medical commission based on the results of periodic medical examinations (examinations) of employees. These acts are drawn up in accordance with clauses 12, 42 of Order No. 302n. In this case, one should take into account the results of mandatory preliminary and periodic medical examinations (examinations) of employees as of the beginning of the year, since according to paragraph.

15 of this Procedure, the frequency of periodic medical examinations is determined by the type of harmful and (or) dangerous production factors affecting the employee, or the type of work performed. How are the costs of medical examinations of employees taken into account when calculating income tax? Medical examinations carried out in accordance with Art. Art. 212, 213 of the Labor Code of the Russian Federation, are carried out at the expense of the employer.

Periodic medical examination

List of activities Clause of Procedure No. 302n Compile and approve name lists of workers subject to periodic medical examination 19 Select a medical organization and send approved lists of workers to its address no later than two months before the start of the periodic examination 23 Familiarize workers subject to periodic examination with the calendar plan for conducting a periodic examination no later than 10 days before its start date 26 Provide a receipt for a medical examination to employees subject to a periodic examination 24 Organize a record of the directions issued to employees 8 The medical organization, no later than 30 days after the completion of the periodic medical examination of employees, summarizes it results and, together with Rospotrebnadzor and representatives of the employer, draws up a final act (clause 42 of Order No. 302n).

Accountants are required to undergo a medical examination

2 109 60 213 2 303 00 730 7683 Insurance contributions were transferred to the budget 2 303 00 830 2 201 11 610 7683 Costs of the cost of services provided were allocated to reduce financial result budgetary institution 2 401 10 130 2 109 60 211 25 575 2 109 60 213 7682,5 2 109 60 226 65 150 <* В соответствии с Федеральным законом от 24.07.2009 N 212-ФЗ <2 тарифы страховых взносов в 2013 г. составляют: в ПФР — 22%, ФСС — 2,9%, ФФОМС — 5,1%. <2 Федеральный закон от 24.07.2009 N 212-ФЗ «О страховых взносах в Пенсионный фонд Российской Федерации, Фонд социального страхования Российской Федерации, Федеральный фонд обязательного медицинского страхования». Пример 2. В бюджетное учреждение на должность педагогического работника устраивается молодой специалист.
Thus, the employer is obliged to enter into an agreement with a medical organization to conduct a preliminary medical examination of employees when hiring them, as well as periodic examinations of employees. The employer sends the employee to a medical organization with which an agreement has been concluded, since this medical organization has a medical commission consisting of qualified doctors who have permission to conduct a medical examination on factors that are important to the employer. The referral for a preliminary medical examination indicates the medical institution where it is necessary to undergo a medical examination.

Source of financing for the employer's expenses for preliminary and periodic medical examinations. The activities of the Employer - an educational institution (EI) are financed by its founder, who for a state educational institution.

Medical examination of employees of the accounting department of the education department

Employees under 18 years of age, as well as employees aged 18 to 21 years old, engaged in work with harmful (dangerous) working conditions, as well as work related to traffic, in any case must undergo periodic medical examinations annually (Article 266 and 213 of the Labor Code of the Russian Federation, clause 17 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). For other categories of employees, a different frequency of medical examinations may be established. Thus, conduct periodic medical examinations of athletes and departmental security officers at least once a year (Art.
348.3 Labor Code of the Russian Federation, art. 6 of the Law of April 14, 1999 No. 77-FZ). Extraordinary medical examinations Extraordinary medical examinations are scheduled at the request of employees (in accordance with the medical report) or on the basis of medical recommendations specified in the final report of the medical examination.

Important

Moscow is a subject of the Russian Federation, the city of Moscow, represented by its authorized body - the Department of Education of the city of Moscow. The activities of the educational institution are financed from funds allocated in the form of a subsidy (budgetary allocations) for the implementation of state assignments by the educational institution. So according to paragraph 4 of Art. 69.2 of the Budget Code of the Russian Federation, financial support for the implementation of state (municipal) tasks is carried out at the expense of the federal budget, budgets of the constituent entities of the Russian Federation, local budgets. general) as defined in the charter and licensing documents of the OS.

There are often cases when the school director claims that medical examinations and registration of a medical record are entirely the responsibility of the teacher. Is it so? A lawyer gives advice.

What laws and documents determine the procedure for undergoing a medical examination?

We will need:
- Labor Code of the Russian Federation;
- Federal Law “On Education in the Russian Federation” (hereinafter referred to as the Law on Education);
- Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (as amended on December 5, 2014) “On approval of lists of harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for carrying out mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions" (Registered with the Ministry of Justice of Russia on October 21, 2011 N 22111) (hereinafter referred to as Order No. 302n).

Requirements of clause 9, part 1, art. 48 Federal Law "On Education in the Russian Federation", Art. 213 of the Labor Code of the Russian Federation states that teaching staff are required to undergo, in accordance with labor “legislation,” preliminary upon entry to work and periodic medical examinations, as well as extraordinary medical examinations upon the direction of the employer. Also, this “joy” is enshrined in Order 302n.

Referral for medical examination

The first thing we see is that the inspection occurs at the DIRECTION of the employer. We do not go and see all the doctors paid/free on our own whim, but at the whim of the legislator on the basis of instructions from the employer. It turns out that the future/current employee must first receive such an order and then run to a medical organization.

In accordance with clause 6 of Order No. 302n, paragraph 13 of Art. 212 of the Labor Code of the Russian Federation, the responsibility for organizing preliminary and periodic examinations of workers rests with the employer.

According to paragraph 7 of Order 302n, preliminary examinations are carried out upon entry to work on the basis of a referral for a medical examination (hereinafter referred to as the referral) issued to the person applying for work by the employer.

This direction must contain the following details:
- name of the employer;
- form of ownership and type of economic activity of the employer according to OKVED;
- name of the medical organization, actual address of its location and OGRN code;
- type of medical examination (preliminary or periodic);
- last name, first name, patronymic of the person applying for work (employee);
- date of birth of the person applying for work (employee);
- etc.

Clause 19 of Order 302n states that periodic inspections are carried out on the basis of name lists developed on the basis of the contingent of workers subject to periodic and (or) preliminary inspections (hereinafter referred to as name lists), indicating harmful (hazardous) production factors, as well as the type work in accordance with the List of Factors and the List of Works. And according to clause 24 of Order 302n, before conducting a periodic examination, the employer (his authorized representative) MUST GIVE the person sent for a periodic examination a DIRECTION for a periodic medical examination, issued in accordance with clause 8 of Order 302n.

Thus, upon hiring and during work, the employer is obliged to issue referrals for a medical examination.

Which doctors should a teacher consult?

Now we will find out which doctors teachers are required to undergo.

According to clause 18 of Appendix No. 2, as well as Appendix No. 3 to Order No. 302n, teachers are required to undergo the following doctors:
- dermatovenerologist;
- otorhinolaryngologist;
- dentist;
- *infectious disease specialist (if necessary);
- general practitioner;
- psychiatrist;
- narcologist;
- all women are examined by an obstetrician-gynecologist with bacteriological (for flora) and cytological (for atypical cells) examinations at least once a year; Women over the age of 40 undergo mammography or ultrasound of the mammary glands once every 2 years.
.
Take tests for laboratory and functional studies:
- chest x-ray;
- blood test for syphilis;
- gonorrhea smears upon entry to work;
- tests for helminthiases upon entry to work and thereafter - at least once a year or according to epidemiological indications.

Everything is clear with the doctors, the next question is where we can see all these doctors.

Who organizes the medical examination

From clauses 6, 35 and 36 of Order No. 302n it follows that the employer is obliged to enter into an agreement with a medical organization that has the right to conduct preliminary and subsequent medical examinations.

Thus, the employer is obliged to enter into an agreement with a medical organization to conduct a preliminary medical examination of employees when hiring them, as well as periodic examinations of employees. The employer sends the employee to a medical organization with which an agreement has been concluded, since this medical organization has a medical commission consisting of qualified doctors who have permission to conduct a medical examination on factors that are important to the employer. It turns out that it is not the employee who runs around looking for a medical organization, but the employer who points it in his direction.

Who pays for the medical examination?

Now directly to the question, who pays?

The EMPLOYER is required to pay for all types of medical examinations! Paragraph speaks about this clearly in black and white. 8 tbsp. 213 of the Labor Code of the Russian Federation: "...The medical examinations and psychiatric examinations provided for in this article are carried out AT THE EXPENSE OF THE EMPLOYER."

Payment occurs in two ways:
- reimbursement of expenses for undergoing a medical examination;
- actual organization and payment for medical treatment. inspection at the expense of the employer.

If the teacher himself paid for the medical examination

When the employer clearly fulfills his duties, then there is no need to argue. Now we will analyze the situation, what to do if the employer obliges you to undergo a medical examination at your own expense.

The most difficult situation is when this happens before employment. Taking risks and going through a medical examination without a referral is your choice. Here I will only describe methods that will help restore justice (if, of course, you apply them correctly).

An audio recording on a voice recorder can help prove the fact that you did not undergo and pay for a medical examination on a whim (but this does not provide a guarantee. And yes, you are not required to say at the interview that you are making an audio recording). Fortunately, the Supreme Court of the Russian Federation, by a ruling dated December 6, 2016 in case No. 35-KG16-18, allowed audio recording of their dialogues. (I’ll even say more, dear teachers, children also have the right to audio-record lessons, so keep an eye on the dialogues you have with pupils/students).

After passing the medical examination at your own expense, keep the CASH RECEIPT, no other, only the cash receipt, from which you will see what the payment was made for, as well as the name of the organization. If the check contains only the amount, ask the medical staff. institutions to give you a certified copy of the price list so that when compared it is clear what the payment was made for. And also after receiving honey. book, we make a copy of it so that it is not “lost” by the employer, and honey. If something happens, it will be easier for the organization to confirm the fact of issuing honey. books.

For teachers who undergo periodic medical examinations at their own expense, it is also necessary to save cash receipts and make copies of the medical book. Next, we write a statement addressed to the director.

Never attach original documents; you can always provide them for review (or have a copy taken from them in your presence), otherwise there is a high probability that they will be “lost.”
Also, after receiving a salary receipt from the accounting department, check whether you have received reimbursement for your expenses, such reimbursement will be a SEPARATE line and personal income tax (13%) will NOT be withheld from it. Don’t believe it if they say otherwise if you spent 500 rubles. and received 500 rubles back. then your income is 0 rubles, therefore, there can be no personal income tax.

Summary

The above boils down to this:
- All types of medical examinations are paid for or reimbursed by the employer.
- Periodic medical examinations are organized by the employer.
- To be reimbursed for money spent on a medical examination, you must DOCUMENTATE your expenses.
- Conclusion: the medical examination is FREE for the employee, and the employee DOES NOT HAVE to run around and worry about the medical deadline. The book is coming to an end.

Teachers, educators and other educational workers, as persons working in children's institutions, must undergo periodic medical examinations at least once every 2 years (persons under the age of 21 - annually). This is reported in part two of Art. 213 of the Labor Code of the Russian Federation. But often in schools and kindergartens the question arises: At whose expense should a medical examination be carried out at school?: at the expense of the employee or the employer?

The law gives an unambiguous answer to this question: both preliminary and routine medical examinations are carried out at the expense of the employer (Article 212 of the Labor Code of the Russian Federation). Even employees who have not yet been hired undergo examination at the employer’s expense. The employer is obliged to enter into an agreement with a medical organization that has the appropriate license and provide it with a list of persons subject to medical examination. Then the medical organization draws up a calendar plan for medical examinations by employees and agrees with the employer.

Usually posted in schools information about passing a medical examination for teachers: addresses of medical institutions, specialists’ work schedules, telephone numbers to call.

If, in order to undergo a medical examination, an employee is forced not to be present at the workplace, his average salary is retained for the period of the medical examination (Article 185 of the Labor Code of the Russian Federation). Also, an employee cannot be fired or transferred to another position (Article 212 of the Labor Code of the Russian Federation), and the time of passing a medical examination is included in the length of service, which gives the right to another vacation (Article 121 of the Labor Code of the Russian Federation).

All verbal orders from directors to undergo inspection at their own expense are illegal, and every director knows about it. An employee is not required to undergo a medical examination at his own expense and cannot be removed from his position if the employer does not provide a free examination. If the employee is nevertheless suspended from work, he can inform the State Labor Inspectorate about this fact, and if violations are detected on the part of the employer, the employee will be reinstated. If an employee was unable to undergo a medical examination due to the fault of the employer, he is not responsible for the consequences; the full burden of responsibility falls on the employer.

If the director of your institution induces you to undergo a medical examination at your own expense, do not give in to threats, ask politely to present you with a schedule for undergoing a medical examination and the addresses of institutions with which contracts have been concluded. Not a single director wants disputes with the State Tax Inspectorate, and after your firm request to provide information about passing the medical examination, he will fulfill his obligations. As a last resort, you may simply not undergo a medical examination, since you were not provided with the conditions for passing it.

You can copy this article to your websites with a link to the original source. Let's protect our rights together!

_ _

Excerpts from the Labor Code of the Russian Federation:

Art. 185 Labor Code of the Russian Federation
During the period of undergoing a medical examination (examination), employees who are obliged in accordance with this Code to undergo such an examination (examination) are retained the average earnings at their place of work.

Art. 212 Labor Code of the Russian Federation
The employer is obliged:

in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, organize the implementation of obligatory events at its own expense preliminary (upon entry to work) and periodic (during employment) medical examinations(examinations), other mandatory medical examinations (examinations), mandatory psychiatric examinations of workers, extraordinary medical examinations (examinations), mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations with retention of their place of work (position) and average earnings for the time being undergoing the specified medical examinations (examinations), mandatory psychiatric examinations;

preventing employees from performing their job duties without undergoing mandatory medical examinations (examinations), mandatory psychiatric examinations, as well as in the case of medical contraindications;

Art. 213 Labor Code of the Russian Federation
Workers organizations of the food industry, public catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers undergo the specified medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases.