Labor Code, N 197-FZ | Art. 186 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 (current version)

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 delivery and the days of rest provided in connection with this.

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Commentary on Art. 186 Labor Code of the Russian Federation

1. 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 employed in 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.

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.

2. The guarantee that the employee will keep the average salary for the days of donating blood and its components and the provision of rest days 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.

3. Legal status of donors, in addition to Art. 186 of the Labor Code, regulated by the Law on Donation.

The donor has the right to be a capable person who is a citizen of the Russian Federation or residing on the territory of the Russian Federation for legal grounds for at least one year by a foreign citizen or 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 does not have medical contraindications for donating blood and (or) its components (Part 1, Article 12 of the Law on Donation). Donor of blood and (or) its components - a person who has voluntarily undergone a medical examination and voluntarily donates blood and (or) its components (clause 2, part 1, article 2 of the Law on Donation).

4. According to Art. 12 of the Law on Donation, he has the right to: 1) donate blood and (or) its components free of charge or for a fee in accordance with this Law; 2) protection by the state of his rights and health protection; 3) familiarization with the results of his medical examination; 4) full information about possible consequences donating blood and (or) its components for health; 5) getting free medical care in accordance with the established standards of its provision in cases of reactions and complications associated with the performance of the donor function; 6) compensation for harm caused to his life or health in connection with the performance of the donor function; 7) measures of social support established by the named Federal Law, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.

5. On the basis of Part 3 of Art. 12 of the Law on Donation, in order to perform the donor function, a donor must: 1) present a passport or other identification document; 2) provide information known to him about the transferred infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and (or) spread of mass infectious diseases or epidemics, about the use drugs, psychotropic substances, about work with harmful and (or) dangerous working conditions, as well as vaccinations and surgical interventions performed within a year before the date of donation of blood and (or) its components; 3) undergo a medical examination, which is free of charge for him and carried out before donation. Information about the donor's personal data is not subject to disclosure to the recipient, as well as the recipient's personal data is not subject to disclosure to the donor (the recipient - individual who, for medical reasons, requires or has undergone a transfusion (transfusion) of donor blood and (or) its components).

A donor who has deliberately concealed or distorted information about the state of health known to him in the performance of a donor function shall be liable under the legislation of the Russian Federation if such actions have caused or could have caused harm to the life or health of recipients (part 4 of article 12 of the Law on Donation ).

Donors who donate blood for a fee are subject to the rights and obligations of donors established by the Law on Donation, with the exception of the rights provided for by the said Federal Law only for donors who donate blood and (or) its components free of charge (part 5 of article 12 of the Law about donation).

6. A donor with an autologous transfusion (transfusion) of donor blood and (or) its components is not subject to social support measures provided to a donor who donated blood and (or) its components free of charge (see part 6 of article 12, article 22 of the Law about donation).

A donor who has donated blood and (or) its components free of charge is provided with the following measures of social support.

On the day of donating blood and (or) its components, a donor who donated blood and (or) its components free of charge is provided with free food at the expense of the organization carrying out activities for the procurement of donor blood and its components. Establishing the diet of such a donor is assigned to the powers of state authorities of the constituent entities of the Russian Federation in the field of circulation of donor blood and (or) its components (see Part 1, Article 10, Part 1, Article 22 of the Law on Donation).

Judicial practice under Article 186 of the Labor Code of the Russian Federation:

Decision of the Supreme Court: Determination N 8-KG15-27, Judicial Collegium for Civil Cases, cassation
The procedure for paying for rest days granted to an employee in connection with the donation of blood and its components is determined by Part 5 of Article 186 of the Labor Code of the Russian Federation and provides for the employee to retain his average earnings for the days of blood donation and the rest days provided in connection with this ...
Decision of the Supreme Court: Determination N VAS-104/14, Supreme Arbitration Court, supervision
The list of amounts not subject to insurance premiums is determined by Article 9 of Law No. 212-FZ. According to the provisions of Article 186 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary...
Decision of the Supreme Court: Determination N VAC-6428/13, Supreme Arbitration Court, supervision
According to Article 186 of the Labor Code of the Russian Federation, an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary ...

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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.

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.

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).

Full text of Art. 186 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 186 of the Labor Code of the Russian Federation.

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

Relations associated with the donation of blood and its components are regulated by the Federal Law "On donation of blood and its components".

Article 26 of this law establishes an obligation for employers, heads of organizations, officials of organizations of federal executive bodies in which federal law military and equivalent service is provided, the duty:
- assist the subjects of circulation of donor blood and (or) its components in attracting donors to donate blood and (or) its components;
- provide employees and military personnel who donated blood and (or) its components with guarantees and compensations established by the legislation of the Russian Federation;
- provide the necessary premises for donation free of charge.

An employee who donates blood on his day off must be given two additional rest days by the employer: one as compensation for donating blood on the day off, and the other as an additional day of rest. By general rule the employee is also released from work on the day of the medical examination related to blood donation. However, this day may be, in case of agreement with the employer, transferred to any other day, with the exception of work with harmful and (or) dangerous working conditions.

Thus, the Supreme Court of the Russian Federation in its ruling of March 2, 2012 N 56-B11-17 established that when an employee donates blood on a day off, he has the right, taking into account an 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 working day.

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

It should be noted that in accordance with paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, 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 used such days did not depend on discretion of the employer (for example, refusal to provide an employee who is a donor in accordance with Part 4 of the commented article with a day of rest immediately after each day of donating blood and its components).

In accordance with the Federal Law "On the donation of blood and its components", an employee who donated blood and (or) its components free of charge is provided with other social guarantees. So, according to part 3 of Art. 22 of this law, a donor who donated blood and (or) its components free of charge during the year in an amount equal to two maximum allowable doses of blood and (or) its components is granted the right to priority purchase at the place of work or study of preferential vouchers for sanatorium treatment .

In accordance with Part.1 Article. 23 of the Federal Law "On the donation of blood and its components", donors who have donated blood and (or) its components (with the exception of blood plasma) forty or more times or blood plasma sixty or more times, are awarded the badge "Honorary Donor of Russia" in the manner established by Decree of the Government of the Russian Federation of November 26, 2012 N 1228 "On the procedure for awarding blood donors and (or) its components with the badge "Honorary Donor of Russia", and have the right to provide annual paid leave at a time convenient for them in accordance with labor legislation , primary purchase at the place of work or study of preferential vouchers for sanatorium treatment, the provision of an annual cash payment.The annual cash payment to persons awarded the badge "Honorary Donor of Russia" is set at 10,557 rubles.

The annual cash payment is indexed once a year from January 1 of the current year based on the forecast level of inflation established by the federal law on the federal budget for the corresponding financial year and planning period.

Financial support for the costs associated with the implementation of the annual cash payment is an expense obligation of the Russian Federation (Article 24 of the Federal Law "On the donation of blood and its components").

Consultations and comments of lawyers on Article 186 of the Labor Code of the Russian Federation

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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.

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.

Commentary on Art. 186 Labor Code of the Russian Federation

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 an additional day of rest during the year, i.e. no later than 12 months after the date of donation of blood and its components. In the previous edition, the employee could exercise this right during the 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 for 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, lies in the fact that the legislator obliges each employer to retain for the employee his average earnings for the days of donating blood and its components and the rest days provided in connection with this, regardless of whether the employee performed donor functions on a reimbursable or non-reimbursable 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 subdivided 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. The state authorities of the 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 on the period of 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).

4. The guarantee that the employee will keep the average earnings 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 shall be 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 food 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 have donated blood for free 40 or more times or plasma 60 or more times are awarded the badge "Honorary Donor of Russia" by the federal executive body that produces 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 organizations health care within the framework of the Program of State Guarantees for the Provision of Free Medical Care to Citizens of the Russian Federation; 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 the federal budget for the corresponding 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. 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, local governments have the right, within their 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 vest the laws of the constituent entities of the Russian Federation with local self-government bodies to provide measures of social support 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 on prescription (Decree of the Government of Moscow of August 10, 2005 N 1506-RP "On the implementation of social support measures for certain categories of residents of the city of Moscow to provide medicines and medical products sold under prescriptions of doctors free of charge or with a 50% discount" // Bulletin of the Mayor and Government of Moscow. 2005. N 56; Law of St. Petersburg of October 10, 2005 N 487-73 "On preferential provision of medicines and free dental prosthetics for certain categories residents of St. Petersburg" // Bulletin of the Legislative Assembly of St. Petersburg. 2005. N 12). The right to purchase a reduced ticket for travel in public transport, the right to support in paying for housing and communal services in kind are also provided for in the Decree of the Government of the Kabardino-Balkarian Republic dated July 29, 2005 N 269-PP "On the social support of citizens awarded the badge "Honorary donor of Russia" (Kabardino-Balkarian truth. 2005. N 205), etc.