186 about donation. Does anyone understand the labor code? Article 186 on donation Clarifications of the Plenum of the Supreme Court of the Russian Federation

Official text:

Article 186. Guarantees and compensation to employees in case of donating blood and its components

On the day of donating blood and its components, as well as on the day of the associated medical examination, the employee is released from work.

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is given another holiday.

In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request.

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.

Legal commentary:

According to article 1 of the Law of the Russian Federation of 09.06.1993 No. 5142-1 "On the donation of blood and its components" (as amended on 24.07.2009), any capable citizen from 18 years of age who has undergone a medical examination can be a donor of blood and its components. On the day of donation of blood and its components, as well as on the day of medical examination, the donor is released from work in the organization, regardless of its form of ownership.

By agreement between the employee and the employer, the employee can go to work on the day of blood donation. In this case, the employee, at his request, is given another day of rest. It is not allowed to go to work on the day of blood donation by workers engaged in heavy work and work with harmful and (or) dangerous working conditions. If the day of blood donation coincides with a weekend, a non-working holiday, or if it falls on the time of annual leave, the employee is given another day of rest at his request.

In addition, the employee is given an additional day of rest after each day of donating blood and its components. Part 4 of Article 186 provides for the employee's right to add this day to the annual paid leave (main, additional) or use it at a different time during the year after the day of donating blood. The employer does not have the right to refuse a donor employee to provide an additional day of rest after the day of donating blood.

If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absence from work in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation, in a resolution of 17.03.2004 No. 2 (subparagraph "e" of paragraph 39), indicated that it is not absenteeism that the employee uses rest days if the employer, in violation of the statutory obligation, refused to provide them and the time the employee used such days did not depend on the discretion of the employer (for example, the refusal to the employee who is the donor, in accordance with part 4 of article 186 of the Labor Code, a day of rest immediately after each day of donating blood and its components).

The period during which an employee who is a donor can exercise his right to use an additional day off is a year after the day of donating blood. Part 5 of article 186 obliges the employer to keep for the employee his average earnings for the days of donating blood and the days of rest provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.

Good afternoon.
It is not the first year that I donate blood, and recently I have been faced with inappropriate, in my opinion, compliance with Article 186 of the Labor Code of the Russian Federation by the employer.
The essence of the problem is that my working day is 11.5 hours (both during the day and at night) and after receiving 2 donor certificates after donating blood, I count on 2 days off for 11.5 hours. each. The direct supervisor agrees only for one day and at the same time requires both certificates for him. Motivating his actions allegedly by the fact that the Ministry of Health of the Russian Federation puts an 8-hour working day in the concept of "rest day", and not 11.5 hours. Consequently, one certificate is not enough.
Labor Code of the Russian Federation
PART THREE
Section VII. WARRANTY AND COMPENSATION
Chapter 28. OTHER WARRANTIES AND COMPENSATIONS
Article 186. Guarantees and compensation to employees in case of donating blood and its components
On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest.
In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
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.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Commentary on Article 186 of the Labor Code
1. A person who voluntarily donates blood and its components for use for medical purposes is a donor. Donation is a freely expressed voluntary act. It is subdivided into the following types: blood donation, plasma donation, incl. immune, blood cell donation. Donation can be free or paid.
2. Legal status of donors in addition to Art. 186 of the Labor Code is determined by the Law on Donation.
3. The donor of blood and its components can be any capable citizen aged 18 to 60 years, who has passed a medical examination. Medical examination of the donor before donating blood and the issuance of certificates on the state of his health are free of charge. The procedure for medical examination of the donor of blood and its components was approved by the Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (RG. 2001. November 13. N 222).
On the day of donation of blood and its components, as well as on the day of medical examination, the donor is released from work in the organization, regardless of its form of ownership.
The exit of an employee on the day of donating blood to work is determined by an agreement between the employee and the employer, which must be drawn up in writing. In this case, the employee, at his request, is given another day of rest. If an agreement is not reached, then the employee does not come to work on the day of blood donation. It is not allowed to conclude an agreement with an employee engaged in heavy work and work with harmful and (or) dangerous working conditions; his going to work on this day is impossible.
If the day of donating blood coincides with a day off, a non-working holiday or falls on the period of annual leave, then the employee has the right to choose whether to use another day of rest or not.
In addition, the employee is given an additional day of rest after each day of donating blood and its components. He has the right to add this day to the annual paid leave (main, additional) or use it at a different time during the calendar year after the day of donating blood.
4. Part 5 of Art. 186 of the Labor Code establishes that the guarantee of the employee's average earnings and the provision of rest days in this regard applies to those employees who donated blood and its components free of charge.
In the case of donating blood and its components during the period of annual leave, on a weekend or a non-working holiday and in the absence of the donor's desire to use another day of rest for the day of donating blood and its components, the average earnings are not less than double.
5. A donor who donated blood and (or) its components free of charge during the year in a total amount equal to two maximum allowable doses is provided with additional benefits, namely: during the year - temporary disability benefits for all types of diseases in the amount of full earnings, regardless from work experience; during the year - treatment in state or municipal health care institutions at the expense of the corresponding budgets; during the year - the priority allocation at the place of work of preferential vouchers for sanatorium treatment. Subjects of the Russian Federation have the right to establish other additional benefits for donors (Article 10 of the Law on Donation).
Citizens who have been awarded the badge "Honorary Donor of Russia" are entitled to: extraordinary treatment in state or municipal health care institutions; free production and repair of dentures (except for dentures made of precious metals) in state or municipal health care institutions; preferential purchase of drugs (with a discount of 50% of their cost) according to prescriptions from state or municipal health care institutions; priority acquisition at the place of work of preferential vouchers for sanatorium treatment; provision of annual paid leave at a convenient time of the year; free travel on all types of public transport (except for taxis) of urban, suburban communication and in rural areas, as well as on public road transport (except for taxis) of intercity communication in the manner and on conditions determined by the Government of the Russian Federation; reduction of utility bills by up to 50%; obtaining soft loans for individual housing construction. Citizens of the Russian Federation who have been awarded the "Honorary Donor of the USSR" badge enjoy all the benefits provided to citizens who have been awarded the badge "Honorary Donor of Russia" (Article 11 of the Donation Law).
Decree of the Government of the Russian Federation of August 26, 1995 N 842 approved the Regulation on the badge "Honorary Donor of Russia" (SZ RF. 1995. N 36. Art. 3549). The procedure for presenting a citizen of the Russian Federation for rewarding with the badge "Honorary Donor of Russia" and its delivery is determined by Order of the Ministry of Health of Russia dated October 8, 2002 N 299 (BNA. 2002. N 49).
Additional benefits to the donor are provided on the basis of certificates of the established form issued by health care institutions. Certificates are a document of strict accountability and are kept in the personnel departments or by authorized persons in organizations at the place of the donors' main work.
Article 11 of the Law on Donation does not contain instructions on the funds from which such benefits are provided. A gap in the legislative regulation on the procedure for reimbursing the costs associated with the provision of benefits to persons awarded the Honorary Donor of Russia badge is not a reason for refusing to satisfy them. According to the position of the Constitutional Court of the Russian Federation, pending the proper settlement of the legal relations arising in this case by the federal law providing for the distribution of expenses between the budgets of all levels, the provision of benefits should be carried out at the expense of the federal budget.
This does not prevent the constituent entities of the Russian Federation and municipalities, and until this issue is settled by the federal legislator, provide in their laws (decisions) on budgets the necessary funds to finance benefits provided to persons awarded the Honorary Donor of Russia badge, with the subsequent presentation of claims for partial compensation of the corresponding expenses from the federal budget (Determination of the Constitutional Court of the Russian Federation of April 9, 2002 at the request of the Arbitration Court of the Republic of Karelia on the verification of the constitutionality of paragraph 5 of Article 83 of the Budget Code of the Russian Federation, Articles 4 and 11 of the Law of the Russian Federation "On Donation of Blood and Its Components." RF. 2002. N 29. Art. 3004)

In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components.
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.

Commentary on Article 186 of the Labor Code of the Russian Federation

1. Blood donors are persons who have undergone a medical examination and voluntarily donate blood and (or) its components.

In accordance with Part 1 of Art. 12 of the Federal Law of July 20, 2012 N 125-FZ "On the donation of blood and its components", a capable person who is a citizen of the Russian Federation or a foreign citizen or a stateless person who has reached age 18 or acquired full legal capacity before reaching the age of 18 in accordance with the legislation of the Russian Federation, who has expressed a voluntary desire to donate blood and (or) its components, who have undergone a voluntary medical examination and have no medical contraindications for donating blood and (or) its components.

2. Employees who donate blood and its components are provided with the following guarantees:

a) release from work on the day of donation of blood and its components, as well as on the day of the related medical examination;

b) provision of another day of rest if the employee went to work on the day of donating blood and its components;

c) provision of another day of rest in case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday;

d) providing an additional day of rest after each day of donating blood and its components, or adding these days to the annual paid leave or using them at another time;

e) preservation of the average salary on the days of donating blood and the provision of rest days in this regard (see Definition of the RF Armed Forces of March 2, 2012 N 56-B11-17).

3. On the day of the medical examination related to the donation of blood and its components, the employee must be released from work. The procedure for medical examination of donors presupposes the appearance of the donor for examination at the department (office) of registration and recruiting of donor personnel at blood transfusion stations, the department (office) of blood transfusion of medical institutions and excludes the appearance of the donor on the day of examination to work.

4. On the day of donation of blood and its components, the donor may go to work by agreement with the employer. This possibility is excluded in cases where the employee is employed in work with harmful and (or) dangerous working conditions.

If the employee went to work on the day of donating blood, he is given another day of rest. The provision of another day of rest is carried out at the request of the employee. The employee must inform the employer in advance about the time of use of this day. Unauthorized use of another day of rest for this reason should be considered as a violation of labor discipline, however, such a violation is not absenteeism (subparagraph "d", clause 39 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2 "On the application of the Labor Code by the courts of the Russian Federation Russian Federation"). In order to avoid misunderstandings, it is advisable to determine the time of using another day of rest (or the procedure for warning the employer about the time of its use) when reaching an agreement between the donor and the employer about the donor's going to work on the day of blood donation.

5. Since when donating blood and its components during the period of annual paid vacation, on weekends and non-working holidays, it is the employer's responsibility to provide another day of rest, the employee's desire is determined only by the time of use, and not the fact of providing such a day.

6. Additional days of rest after each day of blood donation can either be used immediately after the day of donating blood, or added to the annual paid leave, or used at any other time during the calendar year. The employee has the right to choose the time to use these days, but he must notify the employer about the desire to add them to the vacation in advance, at least before the next donation of blood.

The use of these days is possible throughout the year, i.e. 365 days from the date of blood donation. In this case, the employee must also inform the employer in advance of his intention.

7. Guarantees in the form of exemption from work and additional days of rest, as well as preservation of average earnings during this time, are provided to all donors, regardless of whether they donate blood and its components free of charge.

For the procedure for calculating average earnings, see Art. 139 TC and commentary to it.

8. In accordance with paragraph 20 of Art. 255 Tax Code, the costs of remuneration of donor workers for the days of examination, blood donation and days of rest provided after each donation of blood are included in labor costs when calculating income tax.

Another commentary on Article 186 of the Labor Code of the Russian Federation

According to Art. 1 of the Law of the Russian Federation of 09.06.1993 N 5142-1 "On the donation of blood and its components" (as amended on 24.07.2009), a donor of blood and its components can be any capable citizen from the age of 18 who has undergone a medical examination.

On the day of donation of blood and its components, as well as on the day of medical examination, the donor is released from work in the organization, regardless of its form of ownership.

If the day of blood donation coincides with a weekend, a non-working holiday, or if it falls on the time of annual leave, the employee is given another day of rest at his request.

In addition, the employee is given an additional day of rest after each day of donating blood and its components. Part 4 of this article provides for the employee's right to add this day to the annual paid leave (main, additional) or use it at a different time during the year after the day of donating blood. The employer does not have the right to refuse a donor employee to provide an additional day of rest after the day of donating blood. If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absence from work in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of 03/17/2004 (subparagraph "d" p. 39) indicated that it is not absenteeism that the employee uses rest days if the employer, in violation of the statutory obligation, refused to provide them and the time of use by the employee such days did not depend on the discretion of the employer (for example, the refusal to the employee who is the donor to provide a day of rest in accordance with part 4 of article 186 of the Labor Code immediately after each day of donating blood and its components).

The period during which an employee who is a donor can exercise his right to use an additional day off is a year after the day of donating blood.

Part 5 of this article obliges the employer to keep for the employee his average earnings for the days of donating blood and the days of rest provided in connection with this, regardless of whether the employee donated blood on a paid or gratuitous basis.

On the day of donating blood and its components, as well as on the day of the associated medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is given another holiday. In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. 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.

Legal advice under Art. 186 of the Labor Code of the Russian Federation

Valentina Orlova

Maria Volkova

tell me please! My friend is constantly called to the donor blood center for donation, because. she has a rare one. and they write her a certificate for 2 days of release from work ... but they do not agree there .. they are right ??? thanks in advance ...

Lawyer's answer:
Labor Code. Article 186. On the day of donating blood and its components, as well as on the day of the related medical examination, the employee shall be released from work. work with harmful and (or) dangerous working conditions, when the employee cannot go to work on that day), he is given another day of rest at his request. In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the year after the day of donating blood and its components. these are days of rest. (consultant +) Employers are wrong. If there is a trade union at the enterprise, let them contact them. Her right to 2 days off is enshrined in law. If the management doesn't like it, let them draw up a protocol for, say, not going to work. In the event of a disciplinary action, your friend has the right to go to court. Labor disputes are not subject to state duty. Usually, the management only needs to mention the court, so that they reconsider their attitude to the problem. Good luck to you and your friend.

Dmitry Kulpin

Maybe someone can tell you what benefits donors have left and what can be guaranteed from the employer?

read article 186 of the Labor Code of the Russian Federation, consultant.ru

Stanislav Saltychev

and be sure to write an application for time off when you go to donate blood as a donor. and the second day off can be taken whenever you want? or is it mandatory for vacation or the next day after donating blood?

Lawyer's answer:
Labor Code of the Russian Federation. Article 186. Guarantees and compensation to employees in case of donating blood and its components. Granting him an additional day of rest for work on the day of donating blood is allowed at the request of the employee, that is, on his voluntary will. At the same time, the law does not allow the employer to object to the specific day of rest to be provided to the employee who is the donor. Since such a desire serves as the basis for granting the employee a day of rest, it must be expressed in writing, for example, in the form of a corresponding application addressed to the employer. It should be noted that the independent use of the day of rest by the employee without notifying the employer about it is a violation of labor discipline, since his actions are seen as an offense (disciplinary offense). This, in turn, serves as the basis for bringing the employee to disciplinary responsibility in accordance with the requirements of Art. 192-193 of the Labor Code of the Russian Federation, including in the form of dismissal of an employee for absenteeism. However, such behavior of the employee will not be absenteeism if the employer did not satisfy the employee's demand for a day off in connection with the above circumstances.

Veronica Volkova

Donor: When is he entitled to use the second day? When will he want?

Lawyer's answer:
We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to workers in the event of donating blood and its components. "... After each day of donating blood and its components, the employee is given an additional day of rest. The said day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the year after the day of donating blood and its components ..."

Vera Egorova

the question concerns donation. an employee donated blood in April 2011. now he writes to me to show the day in connection with donation ... on the day of donating blood he worked, I know that during the year the employee has the right to use these days, but the question is whether he takes them separately or just two days during the year

Lawyer's answer:
The employee can use them as it suits him: at least together, at least separately. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to workers in case of donating blood and its components

Igor Trakhimenok

donated blood (donation) after the night shift 2 weeks later wrote an application for 2 days if I have such a right. am i eligible for these 2 paid days

Lawyer's answer:
The main normative act that regulates donation is the Law of the Russian Federation dated June 9, 1993 No. 5142-1 "On the donation of blood and its components." The document establishes general principles for organizing donation, rights and obligations of donors and health organizations. Also, guarantees to employees who donate blood (its components) are established by Articles 186 of the Labor Code. In order to develop donation, the legislation provides for social support measures for blood donors. On the day of blood donation, the donor is provided with free meals at the expense of the corresponding budget. How to provide donors with extra days off? Before we talk about giving donors extra days of rest, let's see how much they are released from work to carry out the blood donation procedure itself. According to the law, they can be given two days for this. First, this is the day of the medical examination before donating blood. Secondly, the day when the employee donates blood directly. Please note that there may not be a second day, as sometimes blood is drawn immediately after the examination. Now about the benefits. After each day of blood donation, the employee is given an additional day of rest. Please note that if blood donation was made during the period of annual leave, on a weekend or non-working day, the employee (at his request) is given another day of rest. An additional day of rest after donating blood, at the request of the employee, can be added to the annual paid leave or used at another time during the year after the day of donating blood.

Vyacheslav Lekarkin

I am a donor, were they fair, then, then I took a donor day, and I was deducted from my salary

Lawyer's answer:
Your employer has violated Art. 186 of the Labor Code. Article 186. Guarantees and compensation to employees in case of donating blood and its components On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. 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.

Petr Privalkin

How many days are donors allowed? If the donor went to work on the day of blood donation, then how many days off is 1 or 2 days off?

Lawyer's answer:
Two. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event of donating blood and its components. On the day of donating blood and its components, as well as on the day of the associated medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. 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 is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. 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.

Veronica Novikova

Tovarischi Lawyers help Solve the simplest problem)

An employee has the right to an additional day of rest, a day of rest is provided after each day of donating blood, can be added to the annual paid leave or used at another time during the year after the day of donating blood ...

Vera Nikiforova

is I.P obliged to pay sick leave and donor day according to the certificate.

Yes, according to the employee with whom the employment contract is concluded, all this is guaranteed. And an individual entrepreneur is an employer and must comply with the Labor Code of the Russian Federation.

Valentin Tarasik

A question about donation and days off .. If you donate blood, then you have a day off (as I understand it, based on the certificate issued about this). Can I use this day off only immediately after donating blood or can I take it later? For example, add to the vacation ... How legally?

Lawyer's answer:
We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to workers in case of donating blood and its components On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. 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 is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. (as amended by Federal Law of 30.06.2006 N 90-FZ) 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. (as amended by Federal Law of August 22, 2004 N 122-FZ)

Gennady Sidorshin

Does the donor certificate add 2 days or 1 to the vacation?

Lawyer's answer:
Article 186 of the Labor Code of the Russian Federation After each day of giving blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the calendar year after the day of giving blood and its components. In other words, the donor is entitled to 2 days of rest according to the certificate, and the first day is on the day of donating blood, and the second he can take at any other time by writing a statement.

Timur Kretov

how are donor certificates paid if blood was drawn on my day off. 2 days of payment or 1 day?

Stepan Vasyaev

How many days is a blood donor allowed to skip, not attend an educational institution or work?

Margarita Tarasova

if a person donated blood, he gets 2 days off: one day on the day of donation and the second on any other day of this month?

Lawyer's answer:
not necessarily this month, during the year. If you worked on the day of blood donation or donated blood on a weekend, then you can take 2 days off during the year, on vacation or at other times. Moreover, the employer has no right to refuse to grant you these days. Labor Code of the Russian Federation, article 186: On the day of donating blood and its components, as well as on the day of the associated medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. 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.

Grigory Drobnokhodov

i donated blood 1.6.09g, put out. did not use, can they refuse me at work if I want to take them on January 1, 2, 10 ?. I have a sliding schedule, and January 1, 2 are holidays, how will they be paid?

Lawyer's answer:
Labor Code of the Russian Federation Article 186. Guarantees and compensation to employees in case of donating blood and its components On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. 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 is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components.
- Lawyer's answer:
  According to article 186 of the Labor Code "Guarantees and compensation to employees in case of donating blood and its components": On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer on the day of donating blood and its components, the employee went to work (except for hard work and work with harmful and (or) dangerous working conditions, when the employee cannot go to work on that day), he is given another day of rest at his request. donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the year after the day of donating blood and its components. When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and provided in connection with These are days of rest. The article specifically states that all days (including days of rest) are paid. A local normative act has no legal force, as it contradicts the Federal Law. A complaint (even by phone) to the labor inspectorate and the issue will be resolved, the employer will not commit a clear violation.

Inna Soboleva

the "blood transfusion station" arrived at work during a smoke break, we wanted to go to donate blood, to which he ran. the head and forbade us to do this referring to some article of the law. is there a similar article prohibiting donating blood during work?

Lawyer's answer:
Familiarize your manager with the Law of the Russian Federation "On donation of blood and its components": Article 6. Duties of the administration of enterprises, institutions and organizations to promote the donation of blood and its components. Heads of enterprises, institutions, commanders (chiefs) of military units are obliged to: - assist state and municipal health organizations in attracting citizens to the ranks of donors; - to freely release the employee who is the donor to the health care organization on the day of examination and donation of blood and its components; - provide free of charge the necessary premises for taking blood; - provide an employee who is a donor with social support measures established by law. And also from Art. 186 of the Labor Code of the Russian Federation (Guarantees and compensation to workers in case of donating blood and its components), which, in particular, says: "On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work." ...

Bogdan Gudov

do i have to provide time off at work on donor days whenever i want

Lawyer's answer:
Yes, we do. We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to workers in case of donating blood and its components On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. In case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. 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.
- Without a piece of paper, you are an insect, but with a piece of paper-MAN In an explanatory note and indicate that you called ... try to confirm a good reason

Arthur Tatarin

sample application for work without night. I am an ambulance worker! we have a schedule of 8 hours, 12 hours, 24 hours in our employment contract. (you can choose). 1. I go out as I wrote - on December 14, so I can not write what date I go out, because once I wrote ahead of schedule, I'm not going to .... Right? 2. But I want to write to be released from the night because I am a parent raising a daughter alone () and preferably for 8 hours. How can this be reflected in the application? 3.there is a certificate from the medical commission that is exempt from nightlife for health reasons ... -Is it necessary to attach it to the application and mention it if the exemption from nighttime is regulated by the Labor Code of the Russian Federation, is it not better to provide it after the child is five years old, when does the TC end?

Lawyer's answer:
1.And why are you going to write some kind of application for exemption from night shifts ?? ? You are freed from them a priori by virtue of the law. On the contrary, the employer must obtain your consent to be recruited to them, and when you go to work on December 14, you must be notified in writing of the right to refuse them. 2. Before leaving, write a statement: In accordance with Art. 260 of the Labor Code of the Russian Federation, I ask you to provide me with part of a part of the annual paid vacation in the amount of 10 days, as well as provide additional days of rest, laid down in accordance with Art. 186 of the Labor Code of the Russian Federation for donating blood (indicate the days of donating blood). Reasons: certificates on form N 402 / y from (indicate dates)

Valentin Tereshchenko

Grigory Salin

with a 12-hour working day, the donor certificate is paid for at 7.20 am, taking off the women's hour, is this legal? ...

Lawyer's answer:
i do not understand what are you talking about.. . here is the whole article 186 of the Labor Code of the Russian Federation: http://www.consultant.ru/popular/tkrf/14_36.html#p2677 Article 186. Guarantees and compensation to workers in case of donating blood and its components On the day of donating blood and its components , as well as on the day of the related medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for heavy work and work with harmful and (or) hazardous working conditions, when the employee cannot go to work on that day), he is provided with his wish another day of rest. 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 is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donating blood and its components. (as amended by Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) 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. (as amended by Federal Law of August 22, 2004 N 122-FZ) (see the text in the previous edition)

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