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.
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 delivery and the days of rest provided in connection with this.
Commentary on Art. 186 Labor Code of the Russian Federation
1. In the case of donating blood and its components, employees are entitled not only to the guarantees and compensations provided in accordance with this article, but also to other measures of social support provided for in Art. Art. 10, 11 of the Law of the Russian Federation of June 9, 1993 N 5142-1 "On the donation of blood and its components" (VVS RF. 1993. N 28. Art. 1064).
2. 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 (BNA RF. 2001. N 46).
Second commentary on Article 186 of the Labor Code
1. This article establishes guarantees and compensations to employees in the event they donate blood and its components related to the release of the employee from work and the preservation of his average earnings for such days.
The right to be released from work on the day of the medical examination and on the day of donating blood and its components is absolute, and therefore the employer is obliged to release the employee from work on these days. If the employer refuses to do this, the latter has the right not to go to work, which cannot be qualified as absenteeism without good reason.
2. An employee who, by agreement with the employer, went to work on the day of donating blood and its components, retains the right to another day of rest, provided at his request. Another day of rest at the request of the employee is also provided in cases where the donation of blood and its components was carried out by him during the period of annual paid leave, on a weekend or non-working holiday. In practice, the question often arises whether the employer is obliged to provide rest on the exact day that the employee asks for. Obviously, the employer must satisfy this request if the employee contacts him in advance, and does not put the employer in front of the fact of absenteeism in connection with the use of rest days due to him. Rest days are provided by the employer.
3. An additional day of rest, to which the employee has the right after each day of donating blood and its components, at the request of the employee joins the annual paid leave or is used by him within a year after the day of donating blood and its components.
IN new edition The article provides for the possibility for an employee to use extra day rest during the year, i.e. no later than 12 months after the date of donation of blood and its components. In the previous version, the employee could exercise this right within calendar year, which, as you know, begins on January 1 and ends on December 31. Such a wording practically excluded the possibility of using an additional day of rest by those who did not have time to use it before December 31, regardless of when the right to such a rest arose (for example, only in December).
4. The second fundamentally important change made to this article is that the legislator obliges each employer to keep the employee's average earnings for the days of donating blood and its components and the days of rest provided in connection with this, regardless of whether the employee performed donor functions on a paid or free basis.
1. A person who voluntarily donates blood and its components to use it for medicinal purposes is a donor. Donation of blood and its components is a freely expressed voluntary act. It is divided into the following types: blood donation, plasma donation, incl. immune plasma donation and plasma donation for fractionation, blood cell donation. Taking blood and its components from a donor is permissible only if the health of the donor is not harmed. Organs state power Russian Federation encourage and support the development of voluntary gratuitous (free) donation.
2. The legal status of donors, in addition to Article 186 of the Labor Code of the Russian Federation, is determined by the Law of the Russian Federation "On the donation of blood and its components."
3. Every capable citizen over the age of 18 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. Depending on the frequency of donating blood and its components, donors are divided into the following categories: active (personnel) donors with 3 or more blood (plasma, cyto) donations per year, and reserve donors with less than 3 blood (plasma, cyto) donations per year. year. A medical examination of a donor is carried out in healthcare organizations that procure, process, store and ensure the safety of donor blood and its components.
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 (BNA RF. 2001. N 46). Each time a donor is taken, the donor is subject to a mandatory medical examination for the detection of HIV infection (The rules for conducting a mandatory medical examination for the detection of the human immunodeficiency virus (HIV infection) are approved by Decree of the Government of the Russian Federation of October 13, 1995 N 1017 // SZ RF. 1995. No. 43. Art. 4070).
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 within the period annual leave, then the employee has the right to choose whether to use another day of rest or not (part 3 of article 186 of the Labor Code of the Russian Federation).
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 year after the day of blood donation.
4. The guarantee that the employee will keep the average salary for the days of donating blood and its components and providing days of rest in connection with this applies to all employees, regardless of whether they donated blood and its components free of charge or on a paid basis.
5. In accordance with the procedure established by the legislation of the Russian Federation, the donor is compensated for the damage caused to him by damage to his health in connection with the performance of his donor function, including the costs of treatment, medical and social examination, social, labor and professional rehabilitation. The disability of a donor, which occurred in connection with the performance of his donor functions, is equated to a disability that occurred as a result of an industrial injury (Article 8 of the Donor Act).
6. On the day of blood donation, the donor is provided with free meals at the expense of the budget that provides financial support to the healthcare organization involved in the procurement of donor blood (Article 9 of the Law on Donation).
A donor who donated blood and (or) its components during the year in a total amount equal to two maximum allowable doses is provided with the following additional social support measures: during the year - temporary disability benefits for all types of diseases in the amount of full earnings, regardless of length of service ; during the year - priority allocation at the place of work of preferential vouchers for sanatorium treatment (Article 10 of the Law on Donation).
When applying article 186 of the Labor Code of the Russian Federation, it should be taken into account that citizens who donated blood 40 or more times or plasma 60 or more times for free are awarded badge"Honorary Donor of Russia" by a federal agency executive power producing public policy and regulatory legal regulation in the field of healthcare, in the manner prescribed by the specified federal executive body, and are entitled to: extraordinary treatment in state or municipal healthcare organizations under the Program state guarantees providing citizens of the Russian Federation with free medical care; priority acquisition at the place of work or study of preferential vouchers for sanatorium treatment; providing annual paid leave at a convenient time of the year; annual cash payment in the amount of 6 thousand rubles. in the manner established by the said federal executive body. Funds for this payment in the form of a subvention to the budgets of the constituent entities of the Russian Federation, as well as the amount and timing of its indexation are provided for by the federal law on federal budget for the respective year. Citizens of the Russian Federation awarded with the badge "Honorary Donor of the USSR" enjoy all the measures of social support defined for citizens awarded with the badge "Honorary Donor of Russia" (Article 11 of the Law on Donation).
Providing an annual cash payment to citizens awarded with the badge "Honorary Donor of Russia" ("Honorary Donor of the USSR") does not exclude the possibility of them receiving a monthly cash payment established by them on other grounds (disabled person, veteran, etc.).
7. 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 rules for awarding citizens with the badge "Honorary Donor of Russia" and the Rules for granting annual cash payments to citizens awarded the badge "Honorary Donor of Russia" were approved by Decree of the Government of the Russian Federation of November 19, 2004 N 663 (SZ RF. 2004. N 48. Art. 4793).
8. The Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support to citizens awarded the badge "Honorary Donor of Russia".
State authorities of the constituent entities of the Russian Federation, bodies local government has the right, within its competence and available funds, to make decisions on additional measures of social support for donors. State authorities of the constituent entities of the Russian Federation have the right to empower local governments by the laws of the constituent entities of the Russian Federation to provide social support measures to citizens awarded the badge "Honorary Donor of Russia" (Article 11 of the Law on Donation).
The constituent entities of the Russian Federation establish the following measures of social support for donors. Citizens awarded the badge "Honorary Donor of Russia" or "Honorary Donor of the USSR", in accordance with the Law of the City of Moscow dated November 3, 2004 N 70 "On measures of social support certain categories residents of the city of Moscow "(Vedomosti of the Moscow City Duma. 2004. N 12. Art. 299) is provided:
- 1) the right to free travel in the city of Moscow on all types of urban passenger transport (except for taxis and fixed-route taxis);
- 2) free production and repair of dentures (except for the cost of paying the cost of precious metals and cermets) for medical reasons;
- 3) 50% payment discount utilities in the manner established by the Government of Moscow. They are also provided with a 50% discount when paying for medicines by prescription (Decree of the Government of Moscow dated August 10, 2005 N 1506-RP "On the implementation of social support measures for certain categories of residents of the city of Moscow to ensure medicines and products medical purpose dispensed by doctors' prescriptions free of charge or with a 50% discount" // Bulletin of the Mayor and Government of Moscow. 2005. N 56; Law of St. denture prosthetics for certain categories of residents of St. Petersburg" // Bulletin of the Legislative Assembly of St. Petersburg. 2005. N 12). Government of the Kabardino-Balkarian Republic dated July 29, 2005 N 269-PP "O social support citizens awarded the badge "Honorary donor of Russia" (Kabardino-Balkarian truth. 2005. N 205), etc.
Labor Code of the Russian Federation:
Article 186 of the Labor Code of the Russian Federation. 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 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.
Return to document table of contents: Labor Code of the Russian Federation in the current edition
Comments on Article 186 of the Labor Code of the Russian Federation, judicial practice of application
Explanations of the Plenum of the Supreme Court of the Russian Federation
Subparagraph "e" of paragraph 39 of the Resolution 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" contains the following explanations:
It is not absenteeism for an employee to use rest days after each day of donating blood and its components
If employment contract with an employee is terminated under subparagraph "a" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation for absenteeism, it must be borne in mind that dismissal on this basis, in particular, can be made for the unauthorized use of days off, as well as for unauthorized going on vacation (basic, additional). At the same time, it should be taken into account 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 for the employee to use such days did not depend on the discretion of the employer (for example, a refusal to an employee who is a donor to provide in accordance with part four of article 186 of the Code of the day of rest immediately after each day of donating blood and its components).
The Supreme Court of the Russian Federation on payment of rest days for the day of blood donation
In paragraph 7 of the Review judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2012, the following legal position is given:
Rest days provided to an employee for the day of donating blood and its components, regardless of whether such a day was a day off or a work day, are subject to payment in the amount of the average daily wage.
At the same time, it is indicated that when an employee donates blood on a day off, the employee has the right, taking into account the additional day of rest, for two days of rest, which are payable in the amount of average earnings. At the same time, there are no restrictions on the payment of rest days provided to an employee for the day of blood donation, depending on whether such a day is a day off or a work day.
Objections to the supervisory complaint that, in fact, the employer is unlawfully obliged to pay the employee the day off on which he donated blood and its components, boil down to an erroneous interpretation of the norms labor law. Since the day of donating blood and its components was a day off, the employer, in accordance with the requirements of Part 3 of Art. 186 of the Labor Code of the Russian Federation, another day was provided, which, by virtue of part 5 of this article, is payable (paragraph 7 of the Review of the judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2012).
Position of the Constitutional Court of the Russian Federation
Part 4 Art. 186 of the Labor Code of the Russian Federation on adding an additional day of rest after each day of blood donation to vacation or use at other times during the year does not contradict the Constitution
The Constitutional Court of the Russian Federation indicated that providing an employee with an additional day of rest after each day of donating blood and its components is aimed at restoring and maintaining the health of a citizen who is a donor. As an exception to this rule an additional 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 (part four of article 186 of the Labor Code of the Russian Federation). Such legal regulation, designed, on the one hand, to encourage the employee to use the day of rest as soon as possible, which has a special purpose, and, on the other hand, to take into account objective circumstances and the interests of the employee, is aimed at protecting the rights of donors, is of a guarantee nature and in itself cannot be considered as violating the constitutional rights of citizens (Determination of the Constitutional Court of the Russian Federation of January 26, 2010 No.
ST 186 of the Labor Code of the Russian Federation.
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.
In the event that, by agreement with the employer, the employee on the day of donating blood and its components
went to work (with the exception of work with harmful and (or) dangerous working conditions, when the exit
employee to work on this day is impossible), he is given another day at his request
recreation.
In the case of donating blood and its components during the period of annual paid leave, in
weekend or non-working holiday, the employee is given another day at his request
recreation.
After each day of donating blood and its components, the employee is provided with
extra day off. The specified day of rest 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 donation of blood and its components.
When donating blood and its components, the employer retains for the employee his average
earnings for the days of delivery and the days of rest provided in connection with this.
Commentary on Art. 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 federal law dated 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 legally residing in the territory of the Russian Federation for at least one year as a foreign citizen or a stateless person who has reached the age of 18 years can become a donor 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 does not have 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 indicated reason should be considered as a violation of labor discipline, however, such a violation is not absenteeism (subparagraph "d", paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code 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 of the Russian Federation and commentary to it.
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.
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 legally residing in the territory of the Russian Federation for at least one year as a foreign citizen or a stateless person who has reached age 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, 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 salary on the days of blood donation and providing days of rest in connection with this (see Ruling 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 indicated reason should be considered as a violation of labor discipline, however, such a violation is not absenteeism (subparagraph "d", paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code 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, it is the employer’s responsibility to provide another day of rest, the employee’s desire 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.
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 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.
