Personal bankruptcy does not prohibit mandatory medical examinations or preventive health screening. However, average earnings retained during an absence, an employer’s direct payment to a clinic and reimbursement of an employee’s expenses are different transactions. Here is what to show the financial manager and why a medical purpose does not, by itself, protect the entire payment.
This guide concerns an employee’s personal court bankruptcy in Russia, particularly the asset-realisation stage. It is not medical advice or a guide to an employer’s insolvency. Legal provisions checked on 7 September 2026.
The employee’s time
Where the law provides, the employee keeps their job and average earnings. Bankruptcy alone does not cancel these employment guarantees.
The clinic’s invoice
If the employer pays directly for a mandatory examination, the money does not enter the employee’s personal account.
Out-of-pocket costs
Reimbursement requires a review of its legal basis and supporting documents. Calling it a medical compensation payment is not enough for full protection.
Mandatory examinations and preventive screening are different
Article 185 of the Russian Labour Code preserves the employee’s job and average earnings during a mandatory medical examination or mandatory psychiatric assessment required by employment legislation. It does not guarantee paid absence for every appointment the employee independently chooses to attend.
Article 220 of the Labour Code establishes cases requiring mandatory examinations and employer funding, unless legislation provides otherwise. The first questions are therefore whether the examination is mandatory, whether there is a referral and how payment is arranged—not simply whether the employee has a receipt.
Preventive health screening, known in Russia as dispanserizatsiya (диспансеризация), is governed separately by Article 185.1 of the Labour Code. The general entitlement is one working day every three years. Employees aged 40 and over receive one day annually, except those eligible for the two-day guarantee. Employees within five years of pension age, including early retirement age, and recipients of an old-age or long-service pension receive two working days annually. Their job and average earnings are preserved.
The employee must submit a written application for screening leave and agree the day or days with the employer. A medical organisation’s confirmation of attendance is required where the employer’s local regulations impose that obligation. An ordinary appointment, a mandatory examination and sick leave have different legal and documentation requirements.
Separate these amounts in the calculation
| Transaction | Evidence to obtain | Bankruptcy implications |
|---|---|---|
| Average earnings for a mandatory examination | The legal requirement, referral, employer documents and payslip | This is money paid to the employee. The examination alone does not give the entire payment protection |
| Average earnings for a preventive screening day | Eligibility, application, agreed date, calculation and attendance confirmation where required | Considered with other receipts for the relevant period when determining the amount available to the employee |
| The employer pays the clinic directly | Referral, agreement or invoice and evidence of payment by the employer | A payment to the clinic is not a deposit into the debtor’s personal account |
| The employee is reimbursed for an examination already paid for | The legal basis for reimbursement, referral or approval, receipt and calculation | The legal treatment needs separate assessment. A receipt proves expenditure but does not itself create immunity from enforcement |
Why retained average earnings are not fully protected
At the asset-realisation stage, Article 213.25 of the Bankruptcy Law applies. Assets and income are assessed subject to statutory exclusions, including protection under Article 446 of the Civil Procedure Code. The employer’s duty to retain average earnings is an employment guarantee, not permission for the debtor to spend the entire payment independently.
The procedure for excluding protected money and resolving disagreements is explained in paragraphs 1–2 of Supreme Court Plenum Resolution No. 48 of 25 December 2018. Discuss the available amount with the financial manager; a dispute is resolved within the bankruptcy case. For the general process, see Salary During Russian Personal Bankruptcy.
For expense reimbursements, review the payment’s basis and the applicability of specific provisions, including Article 101 of Federal Law No. 229-FZ. Protection for one particular compensation category cannot be extended to every refund of medical expenses.
Illustrative example: earnings and the clinic payment
Suppose the employee receives RUB 48,000 for a month: RUB 44,000 in salary and RUB 4,000 in average earnings for examination time. Separately, the employer pays RUB 3,000 directly to the clinic. The employee’s personal account receives RUB 48,000, not RUB 51,000.
If the protected amount agreed or determined by the court for that month is RUB 30,000 in this example, the difference is RUB 18,000. The RUB 4,000 for examination time is not automatically added on top of the protected amount. If RUB 30,000 has already been released, the same monthly minimum is not released again. RUB 30,000 is an assumption in this example, not a universal subsistence minimum. Arrears relating to another period and other protected receipts require a separate calculation.
Five steps before receiving the payment
- Identify the reason for the absence. A mandatory examination, preventive screening and temporary incapacity for work are not interchangeable descriptions.
- Complete the employment paperwork. Obtain a referral or submit a screening application, agree the date and check what attendance confirmation is required.
- Separate the transactions. Ask payroll to identify average earnings, direct clinic payments and any reimbursement individually.
- Send the financial manager a breakdown. Identify the amount, accrual period, receipt date and protected funds already released for that period. Attach the payslip and necessary evidence without disclosing unnecessary medical information.
- Clarify how the money may be used. Obtain the financial manager’s position before spending a disputed amount. If there is disagreement, prepare an application in the bankruptcy case with evidence for each transaction.
Frequently asked questions
Can an employer refuse screening leave because of bankruptcy?
Bankruptcy alone does not cancel Article 185.1 guarantees. However, eligibility for a paid day, its frequency and the required procedure still matter. Bankruptcy does not replace an application and agreement on the date.
Does any private clinic receipt entitle me to reimbursement?
No. First establish whether the employer must pay for that particular examination and whether the required procedure was followed. An independently chosen appointment or test does not become a mandatory examination just because the employee kept a receipt.
Can screening pay be released on top of the subsistence minimum?
Not automatically. Average earnings for the day do not enjoy separate full protection merely because of their description. The available amount depends on total income, the relevant period and applicable exclusions. Justified additional needs are considered separately.
If the employer pays the clinic, should I ask for that amount to be released to me?
No. The employer’s direct settlement with the clinic is not a receipt into your account. Do not present it as money already withheld from you that must be released. Where necessary, supply documents explaining the nature of the transaction.
Need to clarify a payment during bankruptcy?
At an initial consultation, we can review the payment’s legal basis, the stage of your case and documents for the financial manager. The outcome depends on the circumstances and applicable rules.
Book a consultationInformation current as of 7 September 2026. This material does not replace individual legal advice and provides no medical recommendations. Protection of the entire payment and the outcome of a court dispute are not guaranteed.