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

On the day of donation of blood and its components, as well as on the day of the related medical examination the worker is released from work.

If, by 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 it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest.

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

When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.

Lawyer's comment:

According to Article 1 of the Law of the Russian Federation dated 09.06.1993 No. 5142-1 "On the donation of blood and its components" (as amended on 07.24.2009), every capable citizen over the age of 18 who has undergone a medical examination can be a donor of blood and its components. On the day of donating blood and its components, as well as on the day of the 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 may return to work on the day of blood donation. In this case, the employee, at his request, is provided with another day of rest. Employees engaged in hard work and work with harmful and (or) dangerous working conditions are not allowed to go to work on the day of blood donation. If the day of blood donation coincides with a weekend, non-working holiday, or if it falls on time annual leave, the employee, at his request, is provided with another day of rest.

In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. Part 4 of Article 186 provides for the rights of the employee to add this day to the annual paid leave (basic, additional) or use it at other times within a year after the day of blood donation. An employer has no right to refuse an employee who is a donor to provide an additional day of rest after the day of blood donation.

If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absenteeism in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation in its resolution of March 17, 2004 No. 2 (subparagraph "e" of paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them and the time the employee uses such days did not depend on the discretion of the employer (for example, refusing to provide an employee who is a donor in accordance with part 4 of article 186 of the Labor Code with 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 one year after the day of blood donation. Part 5 of Article 186 obliges the employer to keep the employee's average earnings for the days of blood donation and the rest days provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.

Good afternoon.
I have been donating blood for several years and recently I have been faced with improper, 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 expect 2 days off at 11.5 hours. each. The immediate 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 into the concept of a "day of rest", and not 11.5 hours. Therefore, one certificate is not enough.
Labor Code Russian Federation
PART THREE
Section VII. WARRANTY AND REFUND
Chapter 28. OTHER GUARANTEES AND COMPENSATIONS
Article 186
On the day of donation of 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
(in ed. federal law dated 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 rest days provided in connection with this.
(as amended by Federal Law No. 122-FZ of 22.08.2004)
Commentary on Article 186 of the Labor Code
1. A person who voluntarily donates blood and its components to use it for medicinal purposes is a donor. Donation is a freely expressed voluntary act. It is divided into the following types: blood donation, plasma donation, incl. immune, blood cell donation. Donation can be gratuitous and paid.
2. Legal status donors in addition to Art. 186 of the Labor Code is determined by the Law on Donation.
3. Every capable citizen aged 18 to 60 who has undergone a medical examination can be a donor of blood and its components. A medical examination of a donor before donating blood and issuance of health certificates are free of charge. The procedure for medical examination of a blood donor 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 donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.
The exit of the employee on the day of blood donation 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 provided with another day of rest. If an agreement is not reached, then the employee does not go to work on the day of blood donation. It is not allowed to conclude an agreement with an employee engaged in hard work and work with harmful and (or) dangerous working conditions; his return to work on that day is impossible.
If the day of blood donation coincides with a weekend, non-working holiday or falls on the period of annual leave, the employee has the right to choose whether to use another day of rest or not.
In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. He has the right to add this day to the annual paid leave (basic, additional) or use it at other times during the calendar year after the day of blood donation.
4. Part 5 of Art. 186 of the Labor Code establishes that the guarantee of keeping an average salary for an employee and providing rest days in connection with this applies to those employees who donated blood and its components free of charge.
In case of donation of blood and its components during the period of annual leave, on a weekend or non-working holiday, and in the absence of the donor's desire to use another day of rest, the average earnings of at least double the amount are retained for the day of donation of blood and its components.
5. A donor who has donated blood and (or) its components within a 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 relevant budgets; during the year - 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 awarded with the badge "Honorary Donor of Russia" have the right 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 medicines (with a discount of 50% of their cost) according to prescriptions of state or municipal institutions health care; priority purchase at the place of work of preferential vouchers for sanatorium treatment; providing annual paid leave at a convenient time of the year; free travel on all types of public transport (except taxis) urban, suburban and countryside, as well as on public road transport (except for taxis) of long-distance traffic in the manner and on the terms determined by the Government of the Russian Federation; reduction of up to 50% of the payment amount utilities; obtaining preferential loans for individual housing construction. Citizens of the Russian Federation awarded with the badge "Honorary Donor of the USSR" enjoy all the benefits granted to citizens awarded with the badge "Honorary Donor of Russia" (Article 11 of the Law on Donation).
Decree of the Government of the Russian Federation of August 26, 1995 N 842 approved the Regulations 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 awarding 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 healthcare institutions. References are a document of strict accountability and are stored in personnel departments or with authorized persons in organizations at the place of the main work of donors.
Article 11 of the Law on Donation does not specify the means by which such benefits are provided. Space in legislative regulation on the procedure for reimbursement of expenses related to the provision of benefits to persons awarded the badge "Honorary Donor of Russia", is not a basis for refusing to satisfy them. According to the position of the Constitutional Court of the Russian Federation, until the proper settlement of the legal relations arising in this case by the federal law, which provides for the distribution of expenses between the budgets of all levels, the provision of benefits should be made at the expense of the federal budget.
This does not prevent the subjects of the Russian Federation and municipalities and before settlement this issue the federal legislator to provide in their laws (decisions) on budgets the necessary funds to finance the benefits provided to persons awarded the badge "Honorary Donor of Russia", with subsequent presentation of claims for partial reimbursement of the relevant costs 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 to verify 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" (SZ RF. 2002. N 29. Art. 3004)

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

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 attached to the annual paid leave or used at another time within a 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 rest days 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 lives on the territory of the Russian Federation on legal grounds at least one year foreign citizen or a stateless person who has reached the age of 18 or who has 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 has undergone a voluntary medical examination and has no medical contraindications for donating blood, and (or) its components.

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

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

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

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

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

e) maintaining the average wages on the days of blood donation and the provision of days of rest in connection with this (see Determination of the Armed Forces of the Russian Federation 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 the medical examination of donors involves the appearance of a donor for examination at the department (office) for recording and recruiting donor personnel at blood transfusion stations, the department (office) for blood transfusion of medical institutions and excludes the presence of a donor on the day of the examination for 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 an employee went to work on the day of blood donation, 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 using this day. Unauthorized use of another day of rest for the specified reason should be considered as a violation labor discipline, however, such a violation is not absenteeism (subparagraph "e", paragraph 39 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). In order to avoid misunderstandings, it is advisable to determine the time of using another day of rest (or the procedure for notifying the employer about the time of its use) upon reaching an agreement between the donor and the employer on the donor's work on the day of blood donation.

5. Since when donating blood and its components during the period of annual paid leave, on weekends and non-working holidays the provision of another day of rest is the obligation of the employer, the desire of the employee determines only the time of use, and not the very fact of providing such a day.

6. Additional days of rest after each blood donation day may either be used immediately following the blood donation day, or attached to annual paid leave, or used at any other time during the calendar year. The right to choose the time of using these days belongs to the employee, however, he must notify the employer in advance of the desire to add them to the vacation, at least before the next blood donation.

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 release from work and additional days of rest, as well as the preservation of average earnings during this time, are provided to all donors, regardless of whether they donate blood and its components for compensation or free of charge.

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

8. In accordance with paragraph 20 of Art. 255 of the Tax Code, labor costs of donor workers for the days of examination, blood donation and rest days provided after each blood donation 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 07/24/2009), every 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 donating blood and its components, as well as on the day of the 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 day off, a non-working holiday, or if it falls during the annual leave, the employee, at his request, is given another day of rest.

In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. Part 4 of this article provides for the employee's right to add this day to the annual paid leave (basic, additional) or use it at other times within a year after the day of blood donation. An employer has no right to refuse an employee who is a donor to provide an additional day of rest after the day of blood donation. If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absenteeism in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation in its Decree of March 17, 2004 N 2 (subparagraph "d" paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, 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, refusal to provide an employee who is a donor in accordance with part 4 of article 186 of the Labor Code of the 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 one year after the day of blood donation.

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

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 (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a 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 rest days provided in connection with this.

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

Valentina Orlova

Maria Volkova

tell me, please! My friend is constantly called to the center for donating blood for delivery, because she is rare. and she is issued a certificate for 2 days of release from work .. but they don’t agree there .. are they right ??? thanks in advance ...

Lawyer's response:
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 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) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is given another day of rest at his request. the employee, at his request, is provided with another day of rest. After each day of donating blood and its components, the employee is provided with an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. these rest days. (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 does not like it, let them draw up a protocol for, say, not going to work. In case of application disciplinary action Your girlfriend has the right to sue. Labor disputes are not subject to state duty. Usually, only a mention of the court is enough for management, so that they reconsider their attitude to the problem. Good luck to you and your girlfriend.

Dmitry Kulpin

Can anyone tell me what benefits donors have left? 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. Can you take a second day off whenever you want? Or is it obligatory for vacation or the next day after blood donation?

Lawyer's response:
Labor Code of the Russian Federation. Article 186 At the same time, the law does not allow the employer to object to a specific day of rest to be provided to an employee who is a 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 an appropriate application addressed to the employer. It should be noted that the independent use of a day of rest by an employee without notifying the employer 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 liability 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 of rest in connection with the above circumstances.

Veronika Volkova

Donor. When does he have the right to use the second day? When he wants?

Lawyer's response:
We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event they donate blood and its components. "... After each day of donating blood and its components, the employee is provided with an additional day of rest. The specified day of rest, at the request of the employee, can be attached to annual paid leave or used at another time within a year after the day of donating blood and its components ... "

Vera Egorova

question about donation. the worker donated blood in April 2011. now he is writing to me to show me the day in connection with the donation ... he worked on the day of blood donation, 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 two days at once during the year

Lawyer's response:
The employee can use them as he likes: at least together, at least separately. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensations to employees in case they donate blood and its components

Igor Trahimenok

donated blood (donation) after night shift 2 weeks later I wrote a statement for 2 days, do I have such a right. am i eligible for these 2 paid days

Lawyer's response:
The main regulatory act regulating the issues of donation is the Law of the Russian Federation of June 9, 1993 No. 5142-1 "On the donation of blood and its components". Document establishes general principles donation organizations, rights and obligations of donors and healthcare organizations. Also, guarantees for employees who donate blood (its components) are established by Article 186 of the Labor Code. In order to develop blood donation, legislation provides for measures for blood donors social support. On the day of blood donation, the donor is provided with free meals at the expense of the relevant budget. How to provide donors with additional rest days? Before we talk about giving donors extra days off, let's look at 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. Firstly, this is the day of the medical examination before donating blood. Secondly, the day when the worker directly donates blood. Please note that there may not be a second day, as sometimes blood is taken immediately after the examination. Now for the perks. After each day of blood donation, the employee is given an additional day of rest. Please note that if blood donation was carried out during the 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 blood donation, at the request of the employee, can be attached to annual paid leave or used at other times during the year after the day of blood donation.

Vyacheslav Lekarkin

I'm a donor, is it fair, then I took a donor day, and they deducted my skills from my salary for it

Lawyer's response:
Your employer violated Art. 186 of the Labor Code. Article 186. Guarantees and compensations to employees in case of donation of blood and its components On the day of donation of 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a 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 rest days provided in connection with this.

Petr Privalkin

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

Lawyer's response:
Two. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event they donate blood and its components. On the day of donation of 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a 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 rest days provided in connection with this.

Veronika Novikova

Tovarischi Lawyers help Solve the simplest problem)

The employee is entitled to an additional day of rest, the day of rest is granted after each day of blood donation, can be attached to annual paid leave or used at other times during the year after the day of blood donation ...

Vera Nikiforova

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

Yes, in accordance with the employee with whom the employment contract is concluded, all this is guaranteed. AND individual entrepreneur is an employer and is obliged to 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). This day off can be used only immediately after donating blood or can it be taken later? For example, to add to the vacation ... As by law?

Lawyer's response:
We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensations to employees in case they donate 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. (As amended by the 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 No. 122-FZ of 22.08.2004)

Gennady Sidorshin

According to the donor certificate, 2 days are added to the vacation or 1?

Lawyer's response:
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 attached 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 blood donation, and he can take the second at any other time by writing an application.

Timur Kretov

How are donor certificates paid if the blood was donated on my day off. 2 days of payment or 1 day?

Stepan Vasyaev

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

Margarita Tarasova

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

Lawyer's response:
not necessarily this month, within a year. If you worked on the day of blood donation or donated blood on a day off, then you can take 2 days off during the year, for vacation or at another time. Moreover, the employer does not have the right to refuse to provide you with 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 medical examination associated with this, 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a 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 rest days provided in connection with this.

Grigory Drobnokhodov

I donated blood on 1.6.09, the prescribed exit. I didn’t use it, can they refuse me at work if I want to take them on January 1, 2, 10?. I have a rolling schedule, and January 1, 2 are holidays, how will they be paid?

Lawyer's response:
Labor Code of the Russian Federation Article 186. Guarantees and compensations to employees in case of donation of blood and its components On the day of donation of 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
- Lawyer's response:
  According to Article 186 of the Labor Code "Guarantees and compensation to employees in the event they donate 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 (with the exception of hard work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is given another day of rest at his request. donation of blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is given another day of rest. 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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. these rest days. The article specifically states that all days (including rest days) are paid. 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 go to a clear violation.

Inna Soboleva

a "blood transfusion station" came to work during a smoke break, we wanted to go to donate blood, for which we ran. leader 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 response:
Familiarize your manager with the Law of the Russian Federation "On donation of blood and its components": Article 6. Obligations 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 healthcare organizations in attracting citizens to the ranks of donors; - freely release an employee who is a donor to a healthcare organization on the day of examination and donation of blood and its components; - provide the necessary premises for blood sampling free of charge; - provide an employee who is a donor, established by law measures of social support. And also from Art. 186 of the Labor Code of the Russian Federation (Guarantees and compensation to employees in the event they donate 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 associated 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 response:
Yes, we must. We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensations to employees in case they donate 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a 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 rest days provided in connection with this.
- Without a piece of paper, you are an insect, but with a piece of paper, you are a MAN In an explanation and indicate that you called .... try to confirm a good reason

Artur Tatarin

sample letter of request for employment without nights. I am an ambulance worker! we have in employment contract recorded schedule 8h, 12h, 24h. (you can choose). 1. I leave as I wrote - December 14 - so I can not write what date I leave, 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 should this be reflected in the application? 3. there is a certificate from the medical commission that it is exempt from night stays for health reasons ... - is it necessary to attach it to the application and mention it if the exemption from night stays 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 TC expires?

Lawyer's response:
1. Why are you going to write some kind of application for exemption from night duty?? ? You are exempted from them a priori by virtue of the law. On the contrary, the employer must obtain your consent to be involved in them, and when you return 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 the annual paid leave 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 blood donation (indicate the days of blood donation). Reasons: certificates in the form N 402 / y dated (specify dates)

Valentin Tereshchenko

Grigory Salin

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

Lawyer's response:
I do not understand what you're 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 compensations to employees in case they donate 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 (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. 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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. (as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) When donating blood and its components, the employer retains the employee's average earnings for the days of donation and the rest days provided in connection with this. (as amended by Federal Law No. 122-FZ of August 22, 2004) (see the text in the previous edition)

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