In cases, the employer is obliged to suspend from work (not allow to work) a pedagogical worker upon receipt of information from law enforcement agencies that this employee is subject to criminal prosecution for the crimes specified in paragraphs three and the Labor Code of the Russian Federation. The employer suspends from work (does not admit to work) a teacher for the entire period of criminal proceedings until its termination or until the entry into force of the court verdict.

Note that a pedagogical worker is an individual who is in labor, service relations with an organization that carries out educational activities, and fulfills the duties of teaching, educating students and (or) organizing educational activities (clause 21 of article 2 of the Federal Law of 29.12. 2012 N 273-FZ "On education in the Russian Federation"). The position of a pedagogical worker is determined according to the nomenclature approved by the decree of the Government of the Russian Federation of 08.08.2013 N 678.

The same grounds for suspension from work are provided for workers employed in the field of education, upbringing, development of minors, the organization of their recreation and health improvement, medical care, social protection and social services, in the field of youth sports, culture and art with the participation of minors ( part two of article 351.1 of the Labor Code of the Russian Federation).

Having received the relevant information from law enforcement agencies, the employer suspends the employee from work immediately. The presence of a court decision on the temporary suspension of a suspect or accused from office (Article 114 of the Code of Criminal Procedure of the Russian Federation) is not mandatory (ruling of the Supreme Court of the Russian Federation dated 01.08.2016 N 55-KG16-5, ruling of the Supreme Court of the Republic of Tatarstan dated 08.09.2016 N 33-14866 / 2016).

An order is drawn up on the suspension from work, with which the employee should be familiarized against signature. If the employee refuses to sign for familiarization with the order, an act is drawn up about this (see the Rostrud consultation). Since at the time of the issuance of the order it is not known when the criminal prosecution will end against the employee, the specific period of suspension from work is not indicated in the order.

If criminal prosecution against an employee is terminated on non-rehabilitating grounds or ends with a conviction in connection with the commission of a crime excluding the employee's admission to pedagogical activities or other activities involving minors (part two of Article 331, part one of Article 351.1 of the Labor Code of the Russian Federation), labor the contract with the employee is terminated in accordance with clause 4 or clause 13 of the first part of Art. 83 of the Labor Code of the Russian Federation (in the latter case, if the employee, with his written consent, cannot be transferred to another job available to the employer (part two of Article 83 of the Labor Code of the Russian Federation)).

In connection with the termination of a criminal case or criminal prosecution on rehabilitating grounds, a pedagogical worker (an employee employed in the spheres of activity with the participation of minors provided for in Article 351.1 of the Labor Code of the Russian Federation) is allowed to work. Rehabilitating grounds for terminating the criminal prosecution of a suspect or accused of committing a crime include those that entail the emergence of his right to rehabilitation (Article 133 of the Code of Criminal Procedure of the Russian Federation).

Within the meaning of the law, a pedagogical worker, another employee employed in areas of activity with the participation of minors, is suspended from work due to the presence of unfinished criminal proceedings against him in connection with charges of committing the crimes specified in paragraph three or four of part two of Art. 331 of the Labor Code of the Russian Federation. If such a criminal prosecution has taken place in the past, this does not give the employer the right to suspend the employee from work for an indefinite period of time (determination of the Rostov Regional Court of 19.05.2016 N 33-7672 / 2016).

In itself, the commission of actions by a teacher in relation to minors, which may be the basis for criminal prosecution, is not a basis for suspension from work. If the teacher has committed physical and (or) mental violence against the personality of the student, the pupil, the employer may terminate the employment contract with him on the basis of

Ch. Worked at the Federal State Budgetary Educational Institution of Higher Professional Education as and. O. Associate Professor, Head of the Department of Accounting and Finance.

By orders, she was temporarily suspended from work on the recommendation of an investigator for especially important cases of the Investigative Department of the Investigative Committee. This submission was made in a criminal case being investigated against the plaintiff.

Ch. Disagrees with the suspension, since in accordance with Art. 114 of the Criminal Procedure Code of the Russian Federation (Code of Criminal Procedure of the Russian Federation), only a court can issue and send a resolution to the place of work on the temporary suspension of a suspect or accused employee from work.

The plaintiff was charged with a crime of minor gravity, which excludes by virtue of paragraph 4 of part 2 of Art. 331 of the Labor Code of the Russian Federation, her suspension from work.

In this regard, she considers the orders to suspend from work illegal and unreasonable, and also believes that she has the right to monetary compensation for the time of the forced absence from work. Ch. Asked the court to declare the orders to remove her from work illegal, reinstate her at work, and collect the average wage for the period of her forced absence from work.

ANSWER POSITION

The Federal State Budgetary Educational Institution of Higher Professional Education does not acknowledge the claims of the employee Ch., Considers that the contested orders are lawful, since the employer complied with the request of the investigator.

According to the provisions of Art. 331.1 of the Labor Code of the Russian Federation, the employer is obliged to suspend a teacher from work upon receipt of information from law enforcement agencies that this employee is subject to criminal prosecution.

According to Art. 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend the employee for the entire period of time until the circumstances that were the basis for the suspension from work are eliminated. The employee is not paid wages for the period of suspension.

According to information received from the investigating authority, Ch. Is being prosecuted on the basis of a crime related to willful grave crimes. The employer did not receive any other information confirming the retraining of Ch .'s actions.

Ch. Was charged with minor crimes after the orders were issued to suspend him from work. In this regard, the defendant believes that the claim is not subject to satisfaction.

POSITION OF THE COURT

The court established that the parties are in an employment relationship. By orders the plaintiff was dismissed from her position and. O. Associate Professor, Head of the Department of Accounting and Finance with reference to Art. 76 of the Labor Code of the Russian Federation.

As a basis for suspension from work, the presentation of the Investigative Department, a certificate of incapacity for work are indicated. Ch. Was familiarized with the orders to dismiss Ch. And agreed, which is confirmed by her signature in the orders.

As follows from the submission to the name and. O. director on the adoption of measures to eliminate the circumstances that contributed to the commission of the crime, the investigator for particularly important cases of the Investigative Department of the Investigative Committee of the Russian Federation in the manner prescribed by Part 2 of Art. 158 of the Code of Criminal Procedure of the Russian Federation, it was proposed to consider the issue of dismissal (dismissal) of an employee.

The court concluded that the presentation of the investigative body in relation to the plaintiff does not belong to the category of requirements of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation, binding on the employer by virtue of Art. 76 of the Labor Code of the Russian Federation.

The procedure for removing a suspect (accused) from office is determined by the norms of criminal procedure legislation.

According to clause 10, part 2 of Art. 29 of the Code of Criminal Procedure of the Russian Federation, only the court, including in the course of pre-trial proceedings, is competent to make decisions on the temporary removal of a suspect or accused from office.

This procedure was not applied to the plaintiff.

By virtue of the provisions of Art. 331.1 of the Labor Code of the Russian Federation, the employer is obliged to suspend from work (not allow to work) a pedagogical worker upon receipt of information from law enforcement agencies that this employee is being prosecuted for crimes specified in paragraphs 3 and 4 of part 2 of Art. 331 of the Labor Code of the Russian Federation.

The employer suspends from work (does not admit to work) a teacher for the entire period of criminal proceedings until its termination or until the entry into force of the court verdict.

As follows from the certificate to the indictment, in relation to Ch. A measure of procedural coercion in the form of an obligation to appear has been chosen, and a criminal charge has been brought against him.

The crime, of which the plaintiff was suspected, refers to Ch. 30 of the Criminal Code of the Russian Federation "Crimes against state power, interests of civil service and service in local government", not included in the list provided for in paragraph 3 of part 2 of Art. 331 of the Labor Code of the Russian Federation.

Thus, the employer's orders to remove the plaintiff from work were adopted in violation of the requirements of labor and criminal procedure legislation and are recognized as illegal.

THE COURT'S DECISION

Satisfy the plaintiff's claims, recognize the orders for suspension from work as illegal, collect the average wage for the period of forced absence from work.

Part 2 of Art. 331 of the Labor Code of the Russian Federation).

These are crimes against:
- life and health, freedom, honor and dignity of the individual, except for illegal hospitalization in a medical organization that provides psychiatric care in inpatient conditions, as well as defamation;
- sexual inviolability and sexual freedom of the individual;
- families and minors;
- public health and public morality;
- the foundations of the constitutional order and security of the state;
- public safety.

It is necessary to suspend such an employee for the entire period of criminal proceedings up to its termination or the entry into force of a court verdict followed by dismissal.

3. Familiarize the employee with the order for signature. In case of refusal to sign the order, an appropriate act is drawn up or a corresponding entry is made directly on the order itself.

4.

5. Mark the period of suspension from work on the timesheet

Details in the materials of the System Personnel:

1. Situation: How to formalize the suspension of an employee from work

Suspension is carried out by the employer unilaterally, without obtaining the written or other consent of the employee, without prior warning him about the upcoming suspension from work.

The legislation does not establish a specific procedure for documenting the suspension of an employee from work. In practice, employers do the following.

In the order, it is necessary to indicate the reasons for the suspension of the employee from work and indicate the period of suspension. As a rule, indicate the wording "until the elimination of the circumstances that were the basis for suspension from work." At the same time, if at the time of drawing up the order it is possible to reliably determine the period of suspension, then a specific date can be specified in the order.

In addition, the order should reflect the order for the period of suspension.

In the order, you should also draw up the line "Basis", listing all the documents confirming the legality and validity of the issuance of the order.

It is necessary to familiarize the employee with the order on suspension from work under signature. In case of refusal to sign the order, an appropriate act is drawn up or a corresponding entry is made directly on the order itself.

Record of suspension from work c. As a general rule, it is not required to make this entry in. However, if necessary (for example, to ensure internal accounting), this information can still be reflected in a personal card, for example, in the "Additional Information" section. Such information will be useful, in particular, when it is necessary to provide a vacation.

During the period of the employee's suspension from work, an alphabetic or digital code is indicated, depending on the payment procedure for this period (suspension from work with payment - NO (or 34), without wages - NB (or 35)).

The organization can establish a specific procedure for processing documents in its local regulations. In addition, it is necessary to take into account the basis for the suspension, which may also affect the procedure for documenting.

Irina Zhuravleva

lawyer, consultant on personnel records and labor disputes, author of the advanced training course "School of the Personnel Officer"

2. Answer: What an employer should do if an employee is arrested or detained

Do not fire an employee if they are arrested. Reflect in his absence. But the employee does not need to keep the salary, as well as pay the allowance if he falls ill. The prisoner can be replaced by his colleague or employee. And now about everything in order.

Register the absence of an arrested employee at work

If the employee has stopped showing up at the office, then he is not necessarily truant. Perhaps he is under investigation or is serving 15 days of arrest. Usually such information is provided by relatives or friends of the employee. The employee himself is not able to call the boss, and law enforcement agencies are not required to notify the employer of the arrest. Therefore, if you find out that an employee has been taken into custody, do so.

Don't fire an arrested employee

The status of a suspect or the serving of administrative arrest does not allow terminating an employment contract under Part 1 of Article 83 of the Labor Code of the Russian Federation (conviction to punishment excluding the continuation of previous work). You can part with an employee only when you receive a court conviction.

The court recognizes the dismissal as illegal if you dismiss the employee without reason. You will have to pay him wages for forced absenteeism, compensation for moral damage and pay for the services of a representative.

Reflect on the timesheet the employee's absence time

Reflect the time of absence of the employee in the letter code "НН" or digital "30". That is, as a failure to appear for unclear reasons. The law does not provide for special codes for such a case. However, commercial companies have the right to develop a time sheet form on their own and establish a separate symbol for the time an employee is in custody.

The court may, at the request of the investigator, oblige to suspend the employee from work (). In this case, a special document will be sent to the address of the company - a resolution (). Indicate in the report card the letter designation "NB" or the digital code "35". These codes are used to indicate suspension from work for reasons provided by law. It is not necessary to develop your own codes.

Register a temporary employee for the period of the arrest of the main

While the employee is in custody, another employee may perform his duties. There are several options.

The first is to assign responsibilities to another employee of the company. If he will perform functions in another position, it is called. And if for the same position, then they talk about ().

The substitute officer will perform the duties of the prisoner in parallel with the performance of duties in his main position. Therefore, he is entitled to a surcharge. Fix its size in a written agreement ().

Another option is to hire an employee. If you cannot find a candidate from the outside, offer to fill the vacancy to another employee of your company on the terms (). He will work either before or after the end of his working day at the basic rate. He can also work on weekends. Fix the working hours in the contract.

In the contract, write down that the employee was hired for the period of absence of the main employee, and indicate his full name. It is not necessary to indicate the reason for the absence. For example, you indicate that you have entered into a contract while the main employee is under house arrest. But the measure of restraint against him can be changed to detention. Then the fixed-term contract will have to be amended. The general wording will save you from this.

Tell the accountant not to pay the arrested employee salary and hospital benefits

The employee will not receive a salary while he is serving an arrest or is in a pre-trial detention center. This is not a suspension of work. In addition, the salary is paid only if the employee performs work duties (). In our case, this does not happen. This means that the company is not obliged to pay salaries.

An employee suspended from work on the basis of a court order may demand from the company an allowance in the amount of (,). Please note that such an allowance is paid not by the employer, but by the state (,).

The situation is different if the employee is under house arrest. This is not detention. Therefore, he will receive benefits if he falls ill. The employee can send the sick leave through a representative or send it by mail. For details see,.

Arrange an employee's exit to work after the conclusion

The employee will return to the company when the term of administrative arrest expires, or the criminal case against him is terminated, and also if the court passes an acquittal. In addition, it is possible that the employee will be replaced by a measure of restraint from imprisonment with a recognizance not to leave, or the court will issue him a criminal punishment that does not interfere with work. For example, a criminal fine or a suspended sentence. In these cases, the employee must confirm that he was absent from work due to the arrest, that is, for a good reason, and proceed to work.

Ask the employee for documents that prove that he was in custody

When the employee comes to work, ask him for explanations and documents that will confirm the good reason for the absence. This can be, for example, an acquittal, a decision to change a preventive measure, a decision to impose an administrative arrest, etc.

Let the employee go to work

Remove additional responsibilities from the temporary worker if he replaced the absent employee in order or (). Terminate the temporary transfer agreement if another employee of yours was transferred to the position of an arrested person ().

If you entered into with a temporary worker, terminate it in connection with the exit of the main employee. A temporary employee does not need to be warned in advance about dismissal (). You can also terminate the contract with him, even if he is on sick leave or on vacation. Dismissal due to the expiration of the contract is not an initiative of the employer.

The termination exemption applies only to pregnant workers. They are offered a transfer to another position. They are fired only in case of refusal to transfer or if there are no vacancies in the company. Such rules are established by Article 261 of the Labor Code of the Russian Federation.

Fire an employee if a criminal penalty prevents him from continuing to work

Not any guilty verdict allows an employee to be dismissed under Part 1 of Article 83 of the Labor Code of the Russian Federation. The punishment that the court has imposed on the employee should hinder work. Dismissal will be legal if the employee was sentenced to real imprisonment, forced labor, or deprived of the right to hold office.

Get a court verdict

In order to dismiss an employee under Part 1 of Article 83 of the Labor Code of the Russian Federation, a court verdict of guilty is needed, which has come into force. This happens after 10 days from the date of the verdict (

The full text of Art. 331.1 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 331.1 of the Labor Code of the Russian Federation.

Along with the cases specified in Article 76 of this Code, the employer is obliged to suspend from work (not allow to work) a pedagogical worker upon receipt of information from law enforcement agencies that this employee is subject to criminal prosecution for crimes specified in paragraphs three and four of the second part of Article 331 of this Code. The employer suspends from work (does not allow to work) a teacher for the entire period of criminal proceedings until its termination or until the entry into force of the court verdict.

(The article is additionally included from January 1, 2015 by the Federal Law of December 31, 2014 N 489-FZ)

Commentary on Article 331.1 of the Labor Code of the Russian Federation

The commented article supplemented the Labor Code of the Russian Federation from January 1, 2015 in accordance with Federal Law of December 31, 2014 N 489-FZ "On Amendments to Certain Legislative Acts of the Russian Federation".

This article establishes an additional basis for the dismissal of a teacher from work, in addition to the general grounds provided for. So, a teacher is suspended from work (not allowed to work) for the entire period of proceedings in a criminal case initiated against this employee for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric assistance in stationary conditions, and defamation), sexual inviolability and sexual freedom of the individual, against family and minors, public health and public morals, the foundations of the constitutional order and state security, against public safety, as well as for other intentional grave and especially grave crimes (see . commentary to Art. 331).

According to the provisions of the commented article, information about the criminal prosecution of a teacher should be provided to the employer by law enforcement agencies. The receipt of such information is the basis for the suspension of the employee from work.

According to the provisions of Art. 76 of the Labor Code of the Russian Federation during the period of suspension from work (non-admission to work), the employee's wages are not charged.

Consultations and comments of lawyers under Article 331.1 of the Labor Code of the Russian Federation

If you still have questions about Article 331.1 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

Foundations

According to article 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend (not allow to work) the employee:

1) who appeared at work in a state of alcoholic, drug or toxic intoxication;

2) who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

3) who has not passed the mandatory preliminary or periodic medical examination in the prescribed manner;

4) upon identification, in accordance with the medical report, of contraindications for the employee to perform the work stipulated by the employment contract;

5) at the request of bodies and officials authorized by federal laws and other regulatory legal acts;

6) in other cases provided for by federal laws and other regulatory legal acts.

Suspension from work means that the employee has begun to perform his job and the employer became aware of the circumstances listed in paragraphs 1-6 during the working day. In turn, non-admission to work means that these circumstances are identified before the start of the work function (before the start of the working day).

The employer suspends (does not admit to work) the employee for the entire period of time until the elimination of the circumstances that were the basis for taking such a measure. During this period, the employee's salary is not charged, with the exception of cases provided for by federal laws. If an employee is suspended from work who has not undergone training and testing of knowledge and skills in the field of labor protection or a medical examination through no fault of his own, then he is paid for the entire period of suspension as for idle time.

The employer's decision to suspend an employee must be formalized by an order (decree).

Medical contraindications

The identification, in accordance with the medical report, of contraindications for an employee of an educational institution to perform work stipulated by an employment contract is the basis for his dismissal.

In accordance with part 2 of article 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that employees are not allowed to perform their work duties in the event of medical contraindications. Such contraindications can be identified during medical examinations conducted both at the initiative of the employer (due to the requirements of the law) and at the initiative of employees.

Clause 3 of Article 51 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" (as amended on December 29, 2004) stipulates that teaching staff of educational institutions must undergo periodic free medical examinations, which are carried out at the expense of the founder ...

Clause 2 of Article 53 of the Law of the Russian Federation "On Education" establishes that persons who are prohibited from teaching by a court verdict or for medical reasons, as well as persons who have an unexpunged or outstanding conviction for intentional grave and especially grave crimes are not allowed to pedagogical activity in educational institutions, provided for by the Criminal Code of the Russian Federation and the Criminal Code of the RSFSR. Similar norms are contained in article 331 of the Labor Code of the Russian Federation.

Decree of the Government of the Russian Federation of April 26, 1993 No. 377 approved a list of medical psychiatric contraindications for the implementation of certain types of professional activity, which lists the employees of educational institutions.

According to clause 62 of the Decree of the Government of the Russian Federation of March 19, 2001 No. 196 "On approval of the Model Regulations on a General Education Institution" for employees of a general education institution, the employer is this institution. For pedagogical work, persons are accepted who have the necessary professional and pedagogical qualifications that meet the requirements of the tariff and qualification characteristics for the position and specialty obtained, confirmed by documents on education. Persons to whom it is prohibited by a court verdict or for medical reasons, as well as persons who have had a conviction for certain crimes, are not allowed to pedagogical activity in a general educational institution.

According to clause 2 of Article 33 of the Federal Law of 30.09.1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population", persons who are carriers of infectious agents, if they can become sources of the spread of infectious diseases due to the peculiarities of the production in which they are employed , or the work they perform, with their consent, are temporarily transferred to another job that is not associated with the risk of the spread of infectious diseases. If it is impossible to transfer on the basis of decisions of the chief state sanitary doctors and their deputies, they are temporarily suspended from work with the payment of social insurance benefits. In this case, it is not the employer who makes the decision to suspend the employee, but an authorized official of the public authority, which makes it possible to refer this basis for dismissal to the circumstances specified in paragraph 6 of Article 76 of the Labor Code of the Russian Federation.

Employees of the catering department of educational institutions, who, as a result of examination before the start of the shift, revealed pustular skin diseases, suppurating cuts, burns, abrasions, as well as catarrh of the upper respiratory tract, are not allowed to work, but are transferred to another job that is not associated with the risk of spreading infectious diseases (Sanitary and epidemiological rules and standards "Hygienic requirements for learning conditions in educational institutions. SanPiN 2.4.2.1178-02", approved by the decree of the Chief State Sanitary Doctor of the Russian Federation of November 28, 2002 No. 44).

The employer must make a decision on suspension (on non-admission to work) on the basis of a medical worker's conclusion about the employee's unsatisfactory health status, which does not allow him to properly perform his job function.

Alcoholic

intoxication

According to the norms of the Labor Code of the Russian Federation, the employer is also obliged to remove (not allow to work) an employee who appears in a state of alcoholic, drug or toxic intoxication.

The drunken state of an employee can be confirmed by a medical report, witness testimony and other evidence. To do this, the employer must draw up an act signed by several employees, in which to describe the signs that make it possible to conclude that the employee is intoxicated (impaired coordination of movements, the smell of alcohol, staggering gait, etc.).

Requirements of notified bodies

In accordance with article 76 of the Labor Code of the Russian Federation, the employer is obliged to suspend the employee from work at the request of bodies and officials authorized by federal laws and other regulatory legal acts.

The authorized bodies and officials referred to in this article are:

Bodies of preliminary investigation (Article 114 of the Criminal Procedure Code of the Russian Federation);

Bodies of sanitary and epidemiological supervision, bodies of fire protection;

Traffic police bodies;

Bodies of control over the technical condition of the equipment, over the technical guidance of the work carried out;

Bodies controlling labor protection and the state of safety measures;

State labor inspectors - in case of violation of labor protection legislation (Article 357 of the Labor Code of the Russian Federation).

The chief state sanitary doctors and their deputies have the right to issue resolutions on the dismissal from work of persons who are carriers of pathogens of infectious diseases in connection with the peculiarities of the production in which they are employed, or the work they perform. If it is impossible to transfer such persons to another job, they are paid social insurance benefits (Article 31 of the Federal Law of March 12, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population").

Lack of knowledge in the field of labor protection

Ensuring labor protection is entrusted to the employer (Article 212 of the Labor Code of the Russian Federation). The employer must directly provide mandatory training for workers in safe methods and techniques for performing work and first aid in case of accidents at work, instruction on labor protection, testing of knowledge of labor protection requirements.

According to Art. 225 of the Labor Code of the Russian Federation and Article 18 of the Federal Law of 17.07.1999 No. 181-FZ "On the basics of labor protection in the Russian Federation", all employees of the organization, including managers, are required to undergo training in labor protection and test their knowledge of labor protection requirements.

Employers should be directly interested in ensuring measures for training employees in the rules and requirements of labor protection, since if an employee who has not undergone training and knowledge testing through no fault of his own is suspended from work, the employer is obliged to pay for the entire period of suspension as for idle time.

According to Art. 225 of the Labor Code of the Russian Federation, training of employees is carried out in the manner determined by the Government of the Russian Federation.

The procedure for training and testing the knowledge of labor protection requirements for employees of organizations was approved by the joint Resolution of the Ministry of Labor and Social Development of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 No. 1/29.

The procedure defines the circle of persons who, if they have continuous work experience in the field of labor protection for at least five years within a year after joining the job, may not undergo compulsory training and testing of knowledge of labor protection requirements. These include:

1) employees who have the qualifications of an engineer (specialist) in the safety of technological processes and production or labor protection;

2) employees of federal executive bodies, executive bodies of the constituent entities of the Russian Federation in the field of labor protection, state supervision and control;

3) teaching staff of educational institutions, teaching the discipline "labor protection".

Employers should be aware that failure to comply with the responsibilities for organizing training and testing knowledge may result in the application of administrative measures to them. So, for failure to comply with the obligation stipulated by the Labor Code of the Russian Federation to train employees and test their knowledge of labor protection, officials of employing organizations can be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ dated 30.12.2001.

We also draw attention to the norm of Article 121 of the Labor Code of the Russian Federation, according to which the length of service, which gives the right to annual basic paid leave, does not include the time an employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for article 76 of the Labor Code of the Russian Federation.

In conclusion, it should be recalled that the employer also bears legal responsibility for the consequences that arose in connection with the admission of a teacher to work in the cases provided for in Article 76 of the Labor Code of the Russian Federation.

Sergey KHMELKOV, Chief Legal Officer of the Central Committee of the Trade Union of People's Workers

education and science of the Russian Federation