Law on medical examination for teachers c. Passing a medical examination by teachers: at whose expense is the “banquet”? Medical examination for employees of non-food trade

Teachers and lecturers of higher educational institutions - another category of employees who need to undergo medicalQing inspection by order of 302n. This category also includes employees of child care facilities (for example, kindergartens).

Medical check-ups are:

    Candidates for teaching position. When applying for a job at an educational institution, the applicant must prepare a package of documents, including a certificate of form 302n. In this case, we are talking about a preliminary examination.

    Already working teachers. Employees undergo a medical examination by order 302n once a year. In this case, we are talking about periodic inspection.

In addition to preliminary and periodic examinations, extraordinary medical examinations of teachers and lecturers are also provided, for which the employee can be sent by the employer

In addition to the form 302n certificate, all employees educational institutions must have a medical record. If for any reason an employee does not have a book, this is the basis for dismissing such an employee or preventing him from performing official duties.

The procedure for conducting a medical examination of teachers and lecturers by order 302n

The law provides for the necessary amount of medical examination for employees of an educational institution. Thus, employees must:

    Pass examinations and get the conclusions of a dentist, an infectious disease specialist, a dermatovenereologist, an ENT doctor.

    Pass laboratory tests: swabs for flora and sexually transmitted diseases, a blood test for syphilis, tests for helminths.

    Undergo hardware diagnostics, in particular fluorography.

    Undergo additional examinations aimed at identifying diseases such as syphilis, typhoid fever, tuberculosis, dysentery, scabies and other contagious diseases.

By law, employees must undergo a medical examination once a year. In the event that the enterprise neglects this requirement, the management is subject to a fine.

Teachers, educators and others teaching staff how persons working in children's institutions must undergo periodic medical examinations at least once every 2 years (persons under the age of 21 - annually). This is stated in the second part of Art. 213 Labor Code RF. But often in schools and kindergartens the question arises: Who pays for medical examinations at school?: at the expense of the employee or the employer?

The law gives an unequivocal answer to this question: both preliminary and scheduled medical examinations are carried out at the expense of the employer (Article 212 of the Labor Code of the Russian Federation). Even employees who have not yet been hired are examined at the expense of the employer. The employer is obliged to conclude an agreement with a medical organization that has the appropriate license and transfer to it a list of persons subject to medical examination. Then the medical organization makes calendar plan medical examination by employees and agreed with the employer.


Usually posted in schools information about medical examinations for teachers: addresses of medical institutions, work schedule of specialists, phone numbers to which you can call.

If an employee is forced not to be present at the workplace to undergo a medical examination, he retains his average salary for the period of the medical examination (Article 185 of the Labor Code of the Russian Federation). Also, an employee cannot be fired or transferred to another position (Article 212 of the Labor Code of the Russian Federation), and the time for passing a medical examination is included in the length of service, which gives the right to another vacation(Article 121 of the Labor Code of the Russian Federation).

All verbal orders of directors to undergo inspection at their own expense are illegal, and every director knows about it. An employee is not required to undergo a medical examination at his own expense and cannot be removed from his position if the employer has not provided free examination. If the employee is still suspended from work, he can report to State Inspectorate labor about this fact, and in case of violations by the employer, the employee will be reinstated. If the employee was unable to pass the medical examination due to the fault of the employer, he is not responsible for the consequences, the entire burden of responsibility lies with the employer.

If the director in your institution persuades you to undergo a medical examination at your own expense, do not give in to threats, ask politely to provide you with a schedule for passing a medical examination and the addresses of institutions with which contracts have been concluded. No director wants litigation with the GIT, and after your firm request to provide information about passing a medical examination, he will fulfill his obligations. In extreme cases, you can simply not undergo a medical examination, because you were not provided with the conditions for passing it.

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Excerpts from the Labor Code of the Russian Federation:

Art. 185 Labor Code of the Russian Federation
For the duration of the medical examination (examination) for employees who are obliged in accordance with this Code to undergo such an examination (examination), the average earnings at the place of work are retained.

Art. 212 of the Labor Code of the Russian Federation
The employer is obliged:

in cases stipulated labor law and other normative legal acts containing norms labor law, arrange for the own funds mandatory preliminary (when applying for a job) and periodic (during labor activity) medical examinations(examinations), other mandatory medical examinations (examinations), mandatory psychiatric examinations of employees, extraordinary medical examinations (examinations), mandatory psychiatric examinations of employees at their request in accordance with medical recommendations while retaining their place of work (position) and average earnings for the time being passing the specified medical examinations (examinations), mandatory psychiatric examinations;

preventing employees from performing job duties without passing mandatory medical examinations (examinations), mandatory psychiatric examinations, as well as in case of medical contraindications;


Art. 213 of the Labor Code of the Russian Federation
Employees organizations Food Industry, Catering and trade, water supply facilities, medical and preventive and children's institutions and some other employers undergo the specified medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases.

G. N302n, the rules for conducting annual medical examinations of school employees have been changed. In addition, medical examinations are carried out (with a huge list of doctors and laboratory tests). Please specify the list of doctors for periodic medical examinations and whether the teacher is required to undergo a medical examination.

According to Art. 213 of the Labor Code of the Russian Federation harmful and (or) dangerous factors of production and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct is determined by regulatory legal acts, approved in the manner established by the authorized Government of the Russian Federation federal agency executive power.
Appendix No. 2 to Order No. 000n of the Ministry of Health and Social Development of the Russian Federation dated January 1, 2001 and approved the "LIST OF WORKS IN WHICH PERFORMANCE MANDATORY PRELIMINARY AND PERIODIC MEDICAL EXAMINATIONS (EXAMINATIONS) OF WORKERS ARE CARRIED OUT". This list includes, among other things, works in educational organizations of all types and types, as well as children's organizations that do not carry out educational activities (sports sections, creative, leisure children's organizations, etc.).
These works require medical examinations with a frequency of 1 time per year, with the participation of the following specialist doctors: dermatovenereologist, otorhinolaryngologist, dentist, infectious disease specialist.
During the medical examination, the following laboratory and functional studies are carried out: chest x-ray, blood test for syphilis, smears for gonorrhea upon admission to work, tests for helminthiasis upon admission to work and in the future - at least 1 time per year or according to epidemiological indications.
At the same time, notes 1-3 to the List indicate that during preliminary and periodic medical examinations, all examined persons in without fail carried out: a clinical blood test (hemoglobin, color index, erythrocytes, platelets, leukocytes, leukocyte formula, ESR); clinical analysis of urine ( specific gravity, protein, sugar, sediment microscopy); electrocardiography; digital fluorography or radiography in 2 projections (direct and right lateral) of the lungs; biochemical screening: serum glucose, cholesterol. All women are examined by an obstetrician-gynecologist with a bacteriological (for flora) and cytological (for atypical cells) examination at least once a year; women over the age of 40 undergo mammography or ultrasound of the mammary glands once every 2 years.
The participation of specialists, the scope of the study, marked with an asterisk (*), is carried out on the recommendation of specialist doctors participating in preliminary and periodic medical examinations. In this case, it refers to the infectious disease specialist.
In addition, the participation of a general practitioner, psychiatrist and narcologist during the preliminary and periodic medical examination is mandatory for all categories of subjects!
Please note that Article 48 of the Federal Law "On Education in Russian Federation"(Entering into force on September 1, 2013), in addition to labor legislation, it expressly prescribes that pedagogical workers are OBLIGED to undergo preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer.
As for medical examinations (additional medical examinations in addition to those listed above), the procedure for conducting medical examinations for certain groups of the adult population was approved by order of the Ministry of Health of the Russian Federation dated 01.01.2001 No. 000n. In accordance with this Procedure, medical examination is carried out once every 3 years during the age periods provided for in Appendix No. 1 to this Procedure (from 21 to 99 years).
The list of examinations by specialist doctors (medical assistant or midwife), research and other medical activities carried out as part of the medical examination, depending on the age and gender of the citizen (the volume of medical examination) is also determined by the Procedure and consists of two stages of medical examination.
A citizen undergoes a medical examination in a medical organization in which he receives primary health care.
And now, most importantly, according to paragraph 8 of the Procedure, medical examination is carried out with the informed voluntary consent of a citizen or his legal representative (in relation to a person recognized in the manner prescribed by law as legally incompetent, if such a person, due to his condition, is not able to give consent to medical intervention), given with compliance with the requirements established by Article 20 of the Federal Law of November 21, 2011 "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation".
A citizen has the right to refuse to conduct a medical examination in general or from certain types medical interventions included in the scope of clinical examination, in accordance with Article 20 of the Federal Law of 01.01.01 "On the fundamentals of protecting the health of citizens in the Russian Federation."

Tatiana Pogorelov a

The inspection of workers should be justified and calculated according to the requirements. Since it is necessary for teachers, we will clarify the nuances of its implementation.

Annual medical examination is required

Pedagogical employees are required to undergo, in accordance with labor legislation, preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations in the direction of the employer (clause 9, part 1, article 48 of the Federal Law of December 29, 2012 No. 273-FZ " On Education in the Russian Federation).

In addition, all categories of employees of educational institutions must have a medical book (Article 34 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population"). Her absence is the basis for refusing to hire an educational institution until the violation is eliminated.

Employees of all types and types, as well as children's organizations that are not leading educational activities(sports sections, creative, leisure children's organizations, etc.) are required to undergo annual mandatory medical examinations.

This is determined by paragraph 18 of Appendix No. 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n.

The scope of medical examinations is as follows:

Examination by a dermatovenereologist, otorhinolaryngologist, dentist, infectious disease specialist; and functional studies of a person (chest x-ray, blood test for syphilis, smears for gonorrhea upon entry to work, examination for helminthiasis upon entry to work and in the future - at least once a year or according to epidemiological indications); identification of additional medical contraindications, namely diseases and bacteria carriers (typhoid, paratyphoid, salmonellosis, dysentery, helminthiases, syphilis in the contagious period, leprosy, contagious skin diseases: scabies, trichophytosis, microsporia, scab, actinomycosis with ulcerations or fistulas on exposed parts of the body , infectious and destructive forms of pulmonary tuberculosis, extrapulmonary tuberculosis with the presence of fistulas, bacteriuria, tuberculous lupus of the face and hands, as well as all forms of gonorrhea - only for medical and children's workers preschool institutions directly related to the care of children, for the duration of antibiotic treatment and the receipt of negative results of the first control, ozena).

From a literal reading of paragraph 18, it follows that employees of educational institutions of all types and types undergo a medical examination once a year. An institution that thinks otherwise will be fined.

Employer's obligations

According to paragraph 4 of part 1 of article 76 of the Labor Code of the Russian Federation, the employer is obliged to remove from work (not allow to work) an employee who has not undergone a mandatory medical examination in the prescribed manner.

To undergo a medical examination, an employer with a medical organization that has the appropriate license, and transfers to it a list of persons subject to mandatory medical examination. Then the medical institution draws up a calendar plan for passing medical examinations and coordinates it with the management. At the same time, medical examinations for teachers and other school employees are free of charge.

It should be noted that from January 1, 2012, budgetary institutions spend funds on the basis of a plan of financial and economic activities municipal institution which is approved by the institution.

In contrast to the budget estimate, the plan of financial and economic activity reflects operations not only with subsidies for the implementation of the municipal task planned from the municipal budget, but also with funds from income-generating activities. Budget institutions independently plan the direction of funds, regardless of the sources of income, including for medical examinations.

Difficult cases from practice

Let us analyze the difficulties that may arise in connection with the passage of medical examinations by employees.

Funding problems

In practice, many teachers across the country have to pay for their own health check-ups because municipalities don't have enough money to do so.

So, in comparison with the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”, which has become invalid, the new Law does not contain provisions that medical examinations are carried out at the expense of the founder. And often the administrations of municipalities declare that the federal law dated October 6, 2003 No. 131-FZ “On general principles organizations local government in the Russian Federation" does not impose on them the obligation to organize medical examinations.

Therefore, on the basis of the above arguments, the regional court, by an appeal ruling dated May 30, 2013 No. 33-3130, ordered the administration to allocate funding for medical examinations only for 2011-2012. The arguments given by the administration have been used to determine expenditures in the local budget since 2013.

Some regions have come up with the following way to reduce the cost of medical examinations. The main part of the volume of examinations and examinations is carried out at the expense of the state program for the provision of free medical care to the population. At the same time, the employer pays only for the work of medical institutions that is not included in this program.

There was a case when a dismissed employee demanded in court to compensate her for the costs of a medical examination.

However, the employer said that he did not send her for a medical examination. In violation of the requirements of Article 56 of the Code of Civil Procedure of the Russian Federation, the employee did not provide evidence that the employer ordered her to undergo a medical examination. On this basis, her claim was dismissed (appellate ruling of the regional court dated September 12, 2012 No. 33-4106/2012).

Suspension from work is the responsibility of the employer

Let's take another case. In an institution additional education On January 20, 2012, an order “On passing a medical examination” was issued, but the employee did not execute it. In this regard, on the basis of an order dated January 29, 2012, the employee was suspended from work without payroll until February 15, 2012 (the day of the inspection).

The Regional Court in the appeal ruling dated July 12, 2012 No. 33-8003 decided that the actions of the employer are legal and justified, since the suspension of an employee from work if he fails to undergo a mandatory medical examination is, in accordance with Articles 76, 212 of the Labor Code of the Russian Federation, the obligation of the employer .

Due to the fact that the employee did not undergo a medical examination through her own fault, the employer lawfully did not charge her wages during such suspension.

Everyone who works at a school is familiar with the procedure for mandatory professional examination of teachers. Our advice will help those who work at the school to pass a medical examination as quickly and efficiently as possible.

How can the screening process be made easier for teachers?

For the convenience of modern professional examinations of teachers, special medical complexes have been created today, as well as medical Center which greatly facilitate this procedure. In this case, a special medical commission is created, headed by an experienced professional pathologist. The commission includes all the specialists necessary for carrying out this procedure. The commission arrives at the educational institution and begins a professional examination - this procedure is called field examinations.

Our medical examination center offers an opportunity for employees of educational institutions to undergo all the necessary doctors in a short time and get quality service

Which doctors should be visited for a professional examination?

The list of doctors usually includes the following:

  • Therapist;
  • Psychiatrist;
  • Neurologist;
  • Dermatovenereologist;
  • Gynecologist;
  • Ophthalmologist.

It will also be necessary to take a x-ray and pass some tests.
The result of a professional examination should be an entry in the medical examination report, as well as an entry in medical book teachers. Some medical institutions provide as an additional document a citizen's health passport, which includes the results of a medical examination, as well as the results of all his tests.

Make an appointment

How to persuade teachers to pass a professional examination in good faith?

For many school directors and heads of educational institutions, this issue becomes relevant before each professional examination.

Teacher teams, as a rule, consist of women, so school administrations, before each prophylactic examination, have to listen to women's "groans" and sighs, as well as dissatisfied remarks and reproaches in their direction.

Practice shows that our fellow citizens do not like to go for medical examinations. But only thanks to such medical examinations it is possible to identify the disease at an early stage and cure it!

And if we also take into account the fact that the profession of a teacher is one of the difficult professions associated with great emotional stress, then how can we do without a professional medical examination!

Therefore, school principals need to stock up on great patience, using all their restraint and life experience to persuade their colleagues to conscientiously treat the procedures for medical examinations.

However, today there are ways, thanks to the use of which, a medical examination can be completed with much less nervous experiences.

In any case, it is more convenient and more pleasant to undergo a professional examination in this way. We are waiting for you in our medical center!