On the day of donation of blood and its components, as well as on the day associated with this 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 conditions labor, when the employee’s going to work on that day is impossible), he is given another day of rest at his request. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

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

Valentina Orlova

Maria Volkova

Tell me, please! A friend of mine is constantly called to the blood donation center to donate, because... She's rare. and they issue her a certificate for 2 days off from work... but they don’t agree... are they right??? thanks in advance...

• Lawyer's answer:

  Labor Code. Article 186. On the day of donating blood and its components, as well as on the day of the 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 the employee cannot go to work on that day), he is given another day of rest at his request. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of 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 donation and provided in connection with these are days of rest. (consultant +) Employers are wrong. If there is a trade union at the enterprise, let them contact them. Her right to 2 days off is enshrined in law. If management doesn’t like it, let them draw up a protocol for, say, not going to work. In case of use disciplinary action Your friend has the right to go to court. Labor disputes are not subject to state duty. Usually, only a mention of the court is enough for management to reconsider their attitude to the problem. Good luck to you and your friend.

Dmitry Kulpin

Can anyone tell me what benefits donors still have? What can be guaranteed to be demanded 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. Can you take a second day off whenever you want? or is it necessary for vacation or the day after donating blood?

• Lawyer's answer:

  Labor Code of the Russian Federation. Article 186. Guarantees and compensation to employees in case they donate blood and its components. Providing him with extra day rest for work on the day of blood donation is allowed at the request of the employee, i.e. according to his voluntary expression of will. 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 a corresponding application addressed to the employer. It should be noted that an employee’s independent use of a day of rest without notifying the employer is a violation labor discipline, since his actions constitute 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 by the employee will not constitute absenteeism if the employer does not satisfy the employee’s request to provide him with a day of rest in connection with the above circumstances.

Veronica Volkova

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

• Lawyer's answer:

  We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in case they donate blood and its components. "... After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donating blood and its components..."

Vera Egorova

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

• Lawyer's answer:

  The employee can use them as he sees fit: either together or separately. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event of donation of blood and its components

Igor Trakhimenok

I donated blood (donation) after a night shift, 2 weeks later I wrote an application for 2 days, do I have such a right? Am I entitled to these 2 paid days?

• Lawyer's answer:

  The main regulatory act regulating donation issues is the Law of the Russian Federation of June 9, 1993 No. 5142-1 “On the donation of blood and its components.” Document sets general principles donation organizations, rights and responsibilities of donors and health care organizations. Also, guarantees for employees donating blood (its components) are established in Article 186 of the Labor Code. In order to develop donation, legislation provides for social support measures for blood donors. On the day of blood donation, the donor is provided free food at the expense of the corresponding budget. How to provide donors with additional days of rest? Before we talk about providing donors with additional days of rest, let's look at how much they are freed from work to carry out the blood donation procedure itself. By law, they can be given two days for this. Firstly, this is the day of medical examination before donating blood. Secondly, the day on which the employee directly donates blood. Please note that there may not be a second day, since sometimes blood is drawn immediately after the examination. Now about the benefits. After each day of blood donation, the employee is given an additional day of rest. Please note that if blood donation was carried out during the period annual leave, on a weekend or non-working day, the employee (at his request) is given another day of rest. An additional day of rest after donating blood, at the request of the employee, can be added to 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 donation day, but they deducted it from my salary

• Lawyer's answer:

  Your employer violated Art. 186 of the Labor Code. Article 186. Guarantees and compensation to employees in the event 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

Peter Privalkin

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

• Lawyer's answer:

  Two. We look at the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in case they donate blood and its components. On the day of donation of 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

Veronica Novikova

Comrade Lawyers, help me Solve a simple problem)

• The employee has the right to an additional day of rest, a day of rest is provided after each day of blood donation, can be added to annual paid leave or used at other times within a year after the day of blood donation...

Vera Nikiforova

Is IP obliged to pay sick leave and 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

Question about donation and days off... If you donate blood, you are entitled to a day off (as I understand it, based on the certificate issued about this). Can this day off be used only immediately after donating blood or can it be taken later? For example, add it to your vacation... As per the law?

• Lawyer's answer:

  We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event 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 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a year after the day of donation of blood and its components. (as amended by Federal Law No. 90-FZ of June 30, 2006) 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 dated August 22, 2004)

Gennady Sidorshin

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

• Lawyer's answer:

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

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 school, or work?

Margarita Tarasova

if a person donates 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 answer:

  not necessarily this month, throughout the year. If you worked on the day of donation or donated blood on a day off, then you can then take 2 days off during the year, for vacation or at other times. 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 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

Grigory Drobnokhodov

I donated blood on June 1, 2009, due to leave. I haven’t used them, can they refuse me at work if I want to take them on January 1st, 2nd, 2010? I have a sliding schedule, and January 1st and 2nd holidays How will they be paid?

• Lawyer's answer:

  Labor Code of the Russian Federation Article 186. Guarantees and compensation to employees in the event 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 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a year after the day of donation of blood and its components.

  • Lawyer's answer:

    According to Article 186 of the Labor Code “Guarantees and compensation to employees in the event 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 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 the employee cannot go to work on this day), he is given another day of rest at his request. In the event donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of 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 donation and provided in connection with these are rest days. The article specifically states that all days (including rest days) are paid. Local normative act has no legal force, as it contradicts Federal Law. A complaint (even by telephone) to the labor inspectorate and the issue will be resolved, the employer will not commit an obvious violation.

Inna Soboleva

A “blood transfusion station” arrived at work; during a smoke break, we wanted to go donate blood, so I came running. the manager forbade us to do this, citing some article of the law. Is there a similar article prohibiting donating blood while working?

• Lawyer's answer:

  Familiarize your manager with the Law of the Russian Federation “On the donation of blood and its components”: Article 6. Responsibilities 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: - provide assistance to government and municipal organizations healthcare in attracting citizens into 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 free of charge necessary premises for drawing blood; - provide the employee who is a donor with social support measures established by law. And also from Art. 186 of the Labor Code of the Russian Federation (Guarantees and compensation to employees in the event of donation of blood and its components), which, in particular, says: “On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work.” .

Bogdan Gudov

Am I required at work to give me time off on donor days whenever I want?

• Lawyer's answer:

  Yes, we must. We read the Labor Code of the Russian Federation: Article 186. Guarantees and compensation to employees in the event 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 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

  • Without a piece of paper you are a bug, but with a piece of paper you are a PERSON In the explanation box and indicate that you called.... try to confirm a good reason

Arthur Tatarin

Sample application for going back to work without night shifts. I am an ambulance worker! in our employment contract The schedule is 8h, 12h, 24h. (you can choose) . 1. I’m leaving as I wrote - December 14 - which means I don’t have to write what date I’m leaving, because I’m not going to write it once ahead of schedule.... Correct? 2. But I want to write to be excused from night shifts because I am a parent raising my daughter alone () and preferably for 8 hours. How can this be reflected in the application? 3. there is a certificate from the medical commission that you are exempt from night shifts for health reasons... -does it need to be attached to the application and mention it if exemption from night shifts is regulated by the Labor Code of the Russian Federation, isn’t it better to provide it after the child turns five years old - when does the TC expire?

• Lawyer's answer:

  1.Why are you going to write some kind of application for exemption from night duty?? ? You are exempt from them a priori by virtue of the law. On the contrary, the employer must obtain your consent to engage them, and when you go to work on December 14, you must be notified in writing of the right to refuse them. 2. Before leaving, write a statement: In accordance with Art. 260 of the Labor Code of the Russian Federation, I ask you to provide me with part of the annual paid leave in the amount of 10 days, as well as to provide additional days of rest prescribed 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 form N 402/у dated (specify dates)

Valentin Tereshchenko

Grigory Salin

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

• Lawyer's answer:

  I don't understand what you mean... here is the entire article 186 of the Labor Code of the Russian Federation: http://www.consultant.ru/popular/tkrf/14_36.html#p2677 Article 186. Guarantees and compensation to employees in the event 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 the employee cannot go to work on this day), he is provided with his desire is another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a year after the day of donation of blood and its components. (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this. (as amended by Federal Law dated August 22, 2004 N 122-FZ) (see text in the previous edition)

On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), 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 day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

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

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

In accordance with Part 1 of Art. 12 of the Federal Law of July 20, 2012 N 125-FZ "On the donation of blood and its components", a capable person who is a citizen of the Russian Federation or residing in the territory of the Russian Federation in legally for at least one year as a foreign citizen or stateless person who has reached the age of 18 years or has acquired full legal capacity before reaching the age of 18 years 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 does not have medical contraindications for donating blood and (or) its components.

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

a) release from work on the day of 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 day off or a non-working holiday;

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

e) maintaining the average wages on the days of blood donation and provision of rest days in connection with this (see Determination of the Armed Forces of the Russian Federation dated March 2, 2012 N 56-B11-17).

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

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

If an employee goes to work on the day of blood donation, he is given another day of rest. Providing another day of rest is carried out at the request of the employee. The employee must notify the employer in advance about the time of use of this day. Unauthorized use of another day of rest stated reason should be considered as a violation of labor discipline, but such a violation is not absenteeism (subparagraph “d”, paragraph 39 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation 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 about the donor going to 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, providing another day of rest is the responsibility of the employer, 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 day of blood donation can either be used immediately following the day of blood donation, or added to annual paid leave, or used at any other time during the calendar year. The right to choose when to use these days belongs to the employee, however, he must notify the employer in advance of his desire to add them to his 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 notify the employer of his intention in advance.

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

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

8. In accordance with paragraph 20 of Art. 255 of the Tax Code, expenses for remuneration of donor employees for days of examination, blood donation and days of rest 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 dated 06/09/1993 N 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 donation of blood and its components, as well as on the day of the medical examination, the donor is exempt from working in the organization, regardless of its form of ownership.

By agreement between the employee and the employer, the employee may go to work on the day of blood donation. In this case, the employee is given another day of rest at his request. Employees engaged in heavy 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 during annual leave, the employee is given another day of rest at his request.

In addition, the employee is given an additional day of rest after each day of donating blood and its components. Part 4 of this article provides for the employee’s rights to add this day to the annual paid leave (main, additional) or use it at other times within a year after the day of blood donation. The employer does not have the right to refuse to provide an employee who is a donor with 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 Resolution dated March 17, 2004 No. 2 (subparagraph “e”, paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the statutory obligation, refused to provide them and the time of use by the employee such days did not depend on the discretion of the employer (for example, a refusal 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 this article obliges the employer to retain for the employee his average earnings for the days he donated blood and the days of rest provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.

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 compensation for employees in the event of donation of blood and its components (current version)

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

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), 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 day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

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Commentary to Art. 186 Labor Code of the Russian Federation

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

The employee’s attendance at work on the day of blood donation is determined by an agreement between the employee and the employer, which must be drawn up in writing. In this case, the employee is given another day of rest at his request. If an agreement is not reached, the employee does not go to work on the day of blood donation. It is not allowed to enter into an agreement with an employee engaged in work with harmful and (or) dangerous working conditions; it is impossible for him to go to work on this day.

If the day of blood donation coincides with a weekend, a non-working holiday, or falls during the period of annual leave, then the employee has the right to choose whether to take another day of rest or not.

In addition, the employee is given an additional day of rest after each day of donating blood and its components. He has the right to add this day to his annual paid leave (main, additional) or use it at other times during the year after the day of blood donation.

2. The guarantee of maintaining an employee’s average earnings for the days of donating blood and its components and providing rest days in connection with this applies to all workers, 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 Donation Law.

A donor has the right to be a capable person who is a citizen of the Russian Federation or a foreign citizen or stateless person legally residing on the territory of the Russian Federation for at least one year, who has reached the age of 18 years or has acquired full legal capacity before reaching the age of 18 years in accordance with the legislation of the Russian Federation, who has expressed voluntary desire to donate blood and (or) its components, having undergone a voluntary medical examination and having no medical contraindications for donating blood and (or) its components (Part 1 of Article 12 of the Law on Donation). Donor of blood and (or) its components is 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 Donation Law, 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 the possible health consequences of donating blood and (or) its components; 5) get 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) social support measures established by the said Federal law, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts.

5. Based on Part 3 of Art. 12 of the Law on Donation, in order to perform the donor function, the donor is obliged to: 1) present a passport or other identification document; 2) provide information known to him about 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 narcotic drugs, psychotropic substances, work under 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 for him and carried out before donation. Information about the donor’s personal data is not subject to disclosure to the recipient, just as the recipient’s personal data is not subject to disclosure to the donor (recipient - individual who, for medical reasons, requires or has received a transfusion (transfusion) of donor blood and (or) its components).

A donor who deliberately concealed or distorted information known to him about the state of health when performing a donor function bears liability established by the legislation of the Russian Federation if such actions entailed or could entail harm to the life or health of recipients (Part 4 of Article 12 of the Donation Law ).

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. During autologous transfusion (transfusion) of donor blood and (or) its components, the 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 donates blood and (or) its components free of charge is provided with the following social support measures.

On the day of donation of blood and (or) its components, the donor who donated blood and (or) its components free of charge is provided with free food at the expense of the organization engaged in the procurement of donor blood and its components. Establishing the diet of such a donor is within the authority of the authorities state power subjects of the Russian Federation in the sphere of circulation of donor blood and (or) its components (see Part 1 of Article 10, Part 1 of 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-КГ15-27, Judicial Collegium for Civil Cases, cassation

  The procedure for paying for rest days provided 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 retaining his average earnings for the days of donating blood 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), the 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 his average earnings...

• Decision of the Supreme Court: Determination N VAS-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 his average earnings...

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

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), 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 day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

Commentary to Art. 186 Labor Code of the Russian Federation

1. In the case of donating blood and its components, employees have the right not only to guarantees and compensation provided in accordance with this article, but also to other social support measures 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” (Air Force of the Russian Federation. 1993. N 28. Art. 1064).

2. The procedure for medical examination of a blood donor and its components is approved by Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (BNA RF. 2001. N 46).

Second commentary to Article 186 of the Labor Code

1. This article establishes guarantees and compensation for employees in the event that 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 a 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 he donated blood and its components during the period of annual paid leave, on a day off or a non-working holiday. In practice, the question often arises whether the employer is obliged to provide rest on the very day that the employee requests. Obviously, the employer must satisfy this request if the employee contacts him in advance, and does not expose the employer to the fact of absenteeism due to the use of the 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 is added to 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 day of donation of blood and its components. In the previous version, the employee could exercise this right during the calendar year, which, as is known, begins on January 1 and ends on December 31. This formulation practically excluded the possibility of using an additional day of rest by those who did not manage to use it before December 31, regardless of when the right to such 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 retain for the employee his 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 gratuitous basis.

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

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), 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 day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time within a 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 donation and the days of rest provided in connection with this.

Commentary to Art. 186 Labor Code of the Russian Federation

1. In the case of donating blood and its components, employees have the right not only to guarantees and compensation provided in accordance with this article, but also to other social support measures 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” (Air Force of the Russian Federation. 1993. N 28. Art. 1064).2. The procedure for medical examination of a blood donor and its components was approved by Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (BNA RF. 2001. N 46).