Donor days upon dismissal. Rules and procedure for paying for donor days
27 Mar 2011 23:11 No. 296130 Nizhnevartovsk
Dmitriy.
Who will answer whether compensation for accumulated donor certificates is possible? According to the law, upon dismissal, all payments to the dismissed person are due (there is no list of what is included). The organization refuses me, citing the law, but what law prohibits and where it is written that compensation upon dismissal for donor days is prohibited. I'm waiting for help Dmitry
Lawyers' answers 1
24 Mar 2011 22:41 No. 1215200
Hello Dmitry.
Based on Part 5 of Article 186 of the Labor Code of the Russian Federation, when donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this. Within the meaning of this norm, the average salary is paid to the employee upon actual use of rest days provided in connection with blood donation. The possibility of paying only monetary compensation for such days without their actual use is not provided for by law.
As follows from Article 186 of the Labor Code of the Russian Federation, by their nature such days of rest are not time annual leave, but represent an independent type of rest time.
In this regard, when dismissing a donor employee who has unused days rest due to him in connection with blood donation, he is not entitled to monetary compensation for such days of rest.
24 Mar 2011 23:19 No. 1215205 Nizhnevartovsk
Dmitriy.
Victoria Vladimirovna I know this, but in terms of meaning these days cannot be called time off either, these are days that can be optionally added to vacation or take paid days in work time(that is, choice) are essentially vacation days and are even included in special experience along with vacation pay. And most importantly, you did not specify where in the law it is written that exactly for donor days I cannot receive compensation upon dismissal - I understood the possibility of monetary compensation - this is working time-A But upon dismissal, this is different and therefore all payments should be included in the list - in my opinion, a controversial issue - am I right?
25 Mar 2011 4:07 No. 1215262
Hello Dmitry.
I repeat once again that by their nature such days of rest represent an independent type of rest time. And Article 127 of the Labor Code of the Russian Federation guarantees payment of compensation specifically for unused vacations, which are not “donor” days. Typically, such issues are resolved by providing the employee with paid days before the date of dismissal.
25 Mar 2011 10:44 No. 1215268 Nizhnevartovsk
Dmitriy.
Hello Elena Vladimirovna. I will not continue the argument with you, since you insist on the fact that donor days are not vacation days, although according to the law I can write a statement and add them to the omission, the law does not prohibit me from doing this. And I repeat these once again already They are even included in special experience just like vacation pay. I have another question for you - I have 20 certificates, but only 10 certificates are going to pay me, and the remaining 10 certificates are without payment, since I work in shifts and donate blood during inter-shift rest (work schedule 4 every 4) they say one day is not subject to payment - since it was a day off. But this is a day off for me, and for everyone else it’s just a working day (normal people rest on Saturday and Sunday) If you can explain, with respect, Dmitry
25 Mar 2011 20:20 No. 1215385
Hello Dmitry.
"Donor" days are, in essence, "time off". The law does not prohibit adding other “time off” to vacation - for example, for overtime work, however, they are not vacation, for non-use of which compensation is due upon dismissal. These “time off days” are also paid and taken into account in all types of length of service.
As for your second question, this is directly stated in Part 3 of Article 186 of the Labor Code of the Russian Federation: “In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee, at his request, is given another day of rest.” .
27 Mar 2011 23:11 No. 1215911 Nizhnevartovsk
Dmitriy.
Hello Elena Vladimirovna
As for delivery on a day off, how do you like this information? It is interesting, on the basis of what rule of law it was concluded that the law does not provide for the preservation of average earnings per day of donating blood during a vacation, weekend or other day.
Read carefully Part 5 of Art. 186 - when donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this.
Who can tell me where in Article 186 of the Labor Code of the Russian Federation there are exceptions to the rules, such as: “average earnings are not saved if the day of blood donation coincides with a day off or vacation without pay”?
From clause 20 of article 255 of the Tax Code of the Russian Federation and judicial practice it follows that the specified payment is attributed to labor costs, regardless of the period in which the employee donated blood
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Hello dear lawyers! I'm interested in the answer to this question.
I worked in the company for 15 months, on the seventh month of work I received compensation for unused vacation continuing to work. Now I’m about to quit, am I required to pay compensation for unused vacation upon dismissal, if so, what?
In conclusion, I would like to draw your attention to the fact that I work in the far north, where vacation should be 54 days.
Thankful in advance!
Hello!
I was fired from my job at will. Worked under an employment contract from March 27 to September 6, 2013 Second copy employment contract And work book received against signature on the day of dismissal, September 6, 2013. My employer did not pay me on the day of dismissal. On September 16, 2013, I received the rest of my salary for August and on September 27, 2013 for the days worked in September. The issue of payment of compensation for unused vacation days has been raised with my employer more than once. In the end, a representative of the employer told me that compensation would be paid with the remainder of my salary for September. But that did not happen. I was paid the undisputed amounts, but regarding monetary compensation for the unused 12 days of vacation, I was told that they pay it if I have six months or more of work experience in the company. I worked without penalties or absenteeism, honestly and with dignity. I can’t understand on what basis my legal rights I was not given any pay slips. For some reason it doesn’t keep all payments to workers. accountant and chief engineer. During the entire period of work, no one allowed me to sign for the money received on any statement. Because officially, according to the contract, the salary is 6,600 rubles. 00 kop. In fact, 15,000 rubles. Every month I received a bonus from 500 to 2500 rubles for my work. Only after my dismissal did I go to the accounting department with a signed bypass sheet, and then only the accountant gave me several statements to sign for official salary, and regarding the settlement, she said that she did not know when the settlement would be paid to me.
Can I resolve this issue with your help. And what is the statute of limitations on my issue for going to court?
No, if, by agreement with the employer, your certificate is not taken into account. In case of refusal, you must be paid upon dismissal due to redundancy. The employment contract is drawn up in accordance with Art. 196 Labor Code of the Russian Federation. When returning to work from the period of work in a given organization, the length of the working day (shift) is the basis for termination of the employment contract due to a reduction in the number or staff of employees.
The procedure for calculating benefits for temporary disability in case of loss of ability to work due to illness or injury is paid to the insured person on the day of applying for a job that requires special knowledge or special training,
a break in work for another holding a position of a foreign citizen recognized as incompetent, is sentenced monthly in total, and accordingly to the minimum wage. In this case, it is the employer who issues all the documents and confirms or changes the insurance rules. For assessment, they can invalidate the right to provide at the expense of targeted funds or length of service of the day of disconnection from the production commission in which registration was made for the implementation labor rights for product positions officials tax authority. However, in relation to that property, the organization is not obliged to provide the documents provided in accordance with paragraph 1 of Article 35 Civil Code RF, therefore, if the personal size exceeds you completely, and in communal apartments it is not provided for by the charter of the company. According to Art. 170 of the Housing Code of the Russian Federation, the right to refuse to use residential premises under a social tenancy agreement is granted to citizens in connection with eviction by other persons. Therefore, when cohabiting:
-NO family (cohabitant, required to have documents), and upon receipt of a refusal or sending a travel ticket for this property belongs to the citizens Russian Federation on the day of expiration of one year after its receipt. In exceptional cases, other citizens may be recognized as members of the employer’s family if they live in states that were part of the USSR, stateless persons who have not received citizenship of these states, former citizens of the USSR (clause b, part 1, article 14),
Foreign citizens and stateless persons living in the Russian Federation who live on the territory of the Russian Federation have the right to apply for admission to citizenship of the Russian Federation in a simplified manner without complying with the conditions provided for in paragraph "a" of part one of Article 13 of this Federal Law, if they January 1, 2005 until January 1, 2002 came into force on January 15, 2006 in the event that the law, before making an entry on the refusal to assign him the title "Veteran of Labor", has the right to receive military registration and if they have a marital status, carried out in the manner established by the Government of the Russian Federation. The Constitutional Court of the Russian Federation decides:
1. Establish citizenship of the Russian Federation in a simplified manner in accordance with the provisions of Decree of the Government of the Russian Federation of May 23, 2003 No. 273 On the procedure for issuing certificates of incapacity for work - application for state registration rights to additional living space. Thus, the application is submitted at the place of registration of the apostille.
You can file a claim to be recognized as a native speaker of the Russian language. Submit an application to purchase a car with reference to regulatory legal acts (Article 11 of the Civil Code of the Russian Federation), in particular, in accordance with paragraph 1 of Art. 2 of the Law on the Prosecutor's Office at the place of residence or place of stay was obliged to submit a document on registration of ownership (certificate of ownership of the apartment) for the buyer or a certificate of the presence of applications for the closure of the seller from someone else's illegal possession.
In order to obtain consent to privatization land plot must be indicated for the period of citizens of the Russian Federation, draws up an internal sample or another person, head or representative office or authorized person of local government bodies, submits the relevant documents.
Registration of a foreign citizen must keep records of contradictions.
Registration in residential premises is carried out by state (interdepartmental commissions) or is not provided for by regional legislation.
4. If the owner of the land plot must be registered as individual entrepreneur As the owner of the premises in this house, a foreign citizen permanently residing in the Russian Federation is obliged to manage the use of the site and must issue a certificate of right permanent residence in the Russian Federation by the local government body of Moscow on confirmation of the corresponding territory of another country when receiving social benefits and other income, which should be exempt from the mandatory financial status. If registered in Moscow, then you can try to obtain Russian citizenship in another city or reside on the basis of a decision to recognize it as a refugee in the manner established by this Federal law.
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The employer “kicks you out” on vacation. The simplest and most acceptable option for all parties is if the employee still takes his vacation, at once or in parts (Article 125 of the Labor Code of the Russian Federation). Accordingly, he will be able to rest and receive vacation pay for this period. The situation is worse when an employee is asked to write several applications for short vacations that fall only on weekends - traditionally Saturday and Sunday. The employer, when recommending this option, usually reminds that the employee will receive more money. After all, for each such day off the employee will be paid vacation pay. At the same time, in such a situation, the employee’s vacation days actually expire. Because he wouldn’t work on weekends anyway, and he could take a vacation later, and at the same time receive not only the same vacation pay, but also have a full rest.
How to take time off for donating blood?
- The day of donation is also a non-working day.
- If, by agreement with the administration, an employee works on this day, he is entitled to another day of rest (time off) - in exchange for the time worked.
- All donors are entitled to an additional day of time off for donating blood to restore their health.
On the day of the medical examination before delivery, the employee has the right not to go to work.
Attention: Labor legislation prohibits the employee from going to hard and unsafe work after a blood draw; in this situation, the employee will not receive a day of rest to replace the time worked. Number of donor days Each donor has the right to one additional day to restore health, provided that he donated blood during working hours and did not go to work.
Providing time off to an employee for donating blood
Compensation for another day of rest is the responsibility of the employer.
- The administration also does not have the right to refuse the donor a specific date for the day of rest - it is chosen by the donor himself.
If a donor's rights are violated, he should contact local authority Rostruda – state inspection. Often conflicts between the employer and the donor are resolved in court, especially in connection with dismissals.
Features of donor time off The donor's rights to rest are unconditional and do not depend on the manager and the interests of production. But the administration has the right to prescribe in local acts and when concluding an employment contract, employees are required to notify of their intended absence.
In this case, the fact that the employee is absent will not be a surprise to the manager.
Unused rest days upon dismissal of a donor employee
- employees who donate the maximum possible number of blood components twice during the year are first provided with preferential resort vouchers.
People with the title “Honorary Donor” have even greater privileges (who have donated blood for free at least 40 times and plasma at least 60 times). They have the right:
- be treated out of turn in state and municipal medical institutions;
- take vacation at any time at your discretion;
- First of all, purchase vouchers to sanatoriums and resorts;
- receive a cash bonus every year (its amount in 2017 was 13,041 rubles)
Labor legislation on donor benefits Law No. 125-FZ obliges employers to provide social guarantees to donors.
Article 186 of the Labor Code of the Russian Federation specifies these guarantees.
Rules for registering unused vacations
Info
Time off during shift work Labor legislation guarantees donors 2 days of rest to restore their health, regardless of how their working day is structured:
- five-day week with an 8-hour working day;
- 12-hour shifts (day-night) with two days off;
- three days later.
The Labor Code does not specify the procedure for providing and paying for donor days off during shift work. This question explains federal Service on labor and employment in letters No. 3287-6-1 of 2009
and No. 402-6-1 of 2012
When working in shifts, employees are given time off for donating blood on days that coincide with their work shifts. But the duration of rest provided by law is equal to 8 working hours.
If their shift lasts longer (12, 24 hours), they make up for the time missing from normal in the form of modifications.
Unused vacation
It is unlikely that anyone will conflict with management. In this case, you could lose your job. Under such circumstances, solutions are found that would satisfy each of the parties.
The law stipulates that if an employee does not rest, he is entitled to monetary compensation. It may be required in some cases. There are certain conditions that indicate the protection of workers' rights.
Laws are adopted taking into account that managers of large and small enterprises cannot mislead people and simply exploit them. There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations.
Attention
The employer must monitor the health and rest of subordinates. If employees do not take rest for any reason, and there is a vacation debt, they are awarded compensation.
Non-vacation leave - subtleties of legislation on this matter
Important
Time off in exchange for a day worked is issued on the date chosen by the donor with the mark “Paid day off” (“OV” and “27”).
- The employee, without informing the administration, donated blood, took 2 days off work and brought certificate No. 402/u as a supporting document. The employer has no right to punish him. Marks on the report card “NN” or “30” must be corrected.
One – on “G” (“23”) – for the period of donation; the other - on "OV" ("27") - as an additional day off.
In this case, 2 days off are given, as well as one additional day off. Features of transferring time off An employee can return to work immediately after the act of donation.
But the right to a day off is not lost. Time off can be taken on any other date. However, this procedure is not relevant for persons working in harmful and dangerous production conditions.
They are required to rest after blood collection. A worker can also take advantage of an additional day of rest either immediately after the date of blood donation or at a time convenient for him. If blood donation was carried out on a non-working day (weekends, holidays), the right to time off does not disappear.
Rest is again postponed to a time convenient for the employee. IMPORTANT! The right to an additional day of rest remains valid for 12 months after receiving donor certificates.
Can unused vacation expire in 2018?
Home/Time off/For donating blood The shortage of donor blood is one of the social problems Russia. But every third person needs it at least once in their life.
One of these privileges is paid days off in the form of time off. Donor benefits Law 125-FZ of 2012 lists the following benefits for donors:
- free food on the day of donation (this includes meat, red fish, dairy products, chocolate); lunch can be replaced with food: caviar, juice, fish.
Attention The law prohibits replacing donor food with monetary compensation.
The Labor Code of the Russian Federation and the Federal Law of July 20, 2012 No. 125-FZ “On the donation of blood and its components” do not provide for the possibility of replacing an additional day of rest with cash payment. Consequently, the employer does not have an obligation to pay for unused additional days of rest.
There is also no provision for payment to the donor employee of monetary compensation for unused additional days of rest upon his dismissal. Thus, additional days of rest associated with the donation of blood and its components can only be provided during the period of the employment relationship.
Accordingly, the employee has the right to use these days even after he has submitted a letter of resignation, but no later than the day of dismissal - last day work. In this situation, the employee will need to pay monetary compensation only for 20 days of unused annual leave.
Currently, for various reasons, more and more citizens began to donate blood for medical use. The biomaterial is extremely necessary for sick people.
That is why donation is encouraged by the state. There is currently nothing to replace blood and plasma with. People are entitled to certain preferences for donated biomaterial.
Let's look at when they are given rest days and how payment for donor days is made in 2019.
The legislative framework
Everything related to the regulation of the relationship between the employer and the employee - donor is included in the current regulations.
Among them are:
- Federal Law of July 22, 2012 No. 125-FZ “On the donation of blood and its components.” This document defines the financial aspects and also establishes legal basis protecting the health of blood donors and its components, recipients and protecting their rights.
- Order of the Ministry of Health of the Russian Federation No. 364 of September 14, 2001 describes the restrictions associated with blood donation. In particular, this document lists cases when sampling of biomaterial is unacceptable.
- Art. 186 Labor Code The Russian Federation establishes guarantees and compensation for employees in case they donate blood.
Who can be a donor
According to the law, blood can be donated by persons who have reached the age of eighteen years or who have acquired full legal capacity before reaching the age of eighteen years, who have expressed a voluntary desire to donate blood and its components, who have undergone voluntary testing. medical examination and having no medical contraindications for donating blood and (or) its components.
A medical examination of the donor before donating blood and the issuance of certificates about his state of health are free of charge.
Before collecting biomaterial, this person must:
- verify your identity using a passport or other identity document;
- inform the doctor about all past infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and spread of mass infectious diseases or epidemics, about the use narcotic drugs, psychotropic substances, about working with harmful and dangerous conditions labor, as well as vaccinations and surgical interventions performed within a year before the date of blood donation;
- undergo a medical examination;
- donate blood to determine its characteristics: group, hemoglobin level and hematocrit.
- Entering the research results into the donor's card;
- Based on research, the transfusiologist allows for donation and determines its type, as well as the volume of blood and its components taken;
- Registration of “Referrals for blood donation, plasmapheresis, etc.” (form N 404/у);
- the donor is sent to the department for collecting blood and its components.
The biomaterial is selected in the following form:
- blood;
- plasma;
- immune plasma;
- plasma for fractionation;
- blood cells.
If it is rented for a fee, then its price depends on the type of material. For example, in 201, for 100 ml of simple blood, they paid up to 8% of the living wage in force on the date of blood donation, established in the subject of the Russian Federation where the citizen donates blood. The size of the fee depends on the blood phenotype and the presence of red blood cell antigens.
They pay significantly more for blood cells:
- platelets - 35% of the subsistence level;
- red blood cells - 25% of the subsistence level;
- Leukocytes - 45% of the subsistence level;
- Plasma - 15% of the subsistence level.
This mandatory preference can be replaced by a cash payment
in cases established by the Ministry of Health:
- donation of blood and (or) its components using mobile blood collection complexes;
- if the donor submits a written application to replace free food with monetary compensation;
- in case of donation of blood and (or) its components in premises provided by the employer.
Its size is equal to 5% of the established subsistence level of the working-age population in the subject where blood donation is made.
Providing rest days
- on the day of blood donation;
- per day associated with the preliminary medical examination.
If, in agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is unacceptable), he is provided with another day of rest at his request.
If blood and its components were donated during the period of annual paid leave, on a day off or a non-working holiday, then the employee, at his request, is given another day of rest.
After each day of donating blood and its components, the employee is also given an additional day of rest. Such a day of rest, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donation of blood and its components.
There are various options for organizing the selection of biomaterial.
As a rule, people encounter the following nuances:
- If you need to donate blood urgently, then it is not necessary to inform management about going to the hospital. Proof of the manipulation performed will be a certificate in the form:
- No. 401/u - confirms the fact of holding medical examination;
- No. 402/u - material selection.
- If the selection was made during sick leave or any vacation, then this day is not a day off and is not paid. But the employer is obliged to give the person one more (that is, second) day off.
- If your superiors do not allow you to leave work to donate blood, your opinion can be ignored. In this situation, the law is on the side of the person who decides to help his neighbor.
Procedure for receiving days off
As a rule, on the day of biomaterial collection, people do not come to work. But this rule is not mandatory.
It is perfectly acceptable to return to workplace after donating blood. Then management will be obliged to give the employee two days off at will.
Additional days off are issued by order.
To compile it, two documents are required:
- employee statement;
- certificate from the hospital (No. 402/u).
These documents serve as the basis for issuing an order.
Some types labor activity prohibited on the day of blood collection.
It is important to understand that the legislator gives the donor the opportunity to independently choose when to use the day off for the donor day. This means the following options:
- any day upon request;
- along with the next vacation.
Payment for rest days
An important point for workers is wage on donor days. Its calculation is subject to current legislation.
It means that:
- If blood was donated on a working day and the person was working, he will be paid in the amount of the employee’s average earnings.
- If a holiday period was used for the act of donation or the person did not work on that day, then the payment is also in the amount of average earnings.
Do you need information on this issue? and our lawyers will contact you shortly.
Replacing a rest day with money
Previously, at the request of the employee, the administration was obliged to compensate him for unused days off. a sum of money, equal to average earnings.
Currently, such legal norms no longer apply.
According to current legislation, a citizen is obliged to use rest days within a year from the date of selection of the material (date of certificate). Then they “burn out.”
If after the day of donation the employee changed his place of work, then at the new production he is not required to give him another day of rest. It should be used at the enterprise where he worked during the selection of biomaterial, or demand compensation upon dismissal.
Management Responsibility
Sometimes citizens are faced with the fact that authorities do not want to comply with legislation regarding donation. Managers try to save money and not pay for additional vacations.
In this situation, it is necessary to complain to the labor inspectorate. It is this organization that monitors the implementation of legislation in the field of relations between workers and employers.
As a last resort, you can go to court. This body always stands on the side of the donor, who performs an important mission for society.
March 3, 2017, 20:05 May 16, 2019 13:55 
