The employee was declared unfit for health reasons. An example of a notice of termination of an employment contract. Legislative regulation of the issue

One of the reasons according to which an employer can dismiss an employee is an illness that does not allow him to fully perform his duties. First of all, it should be understood that the head of the enterprise does not have the right to independently decide whether the physical condition of his subordinate meets the necessary standards. Let's turn to the Labor Code of the Russian Federation. Paragraph 3 of Article 81 states that only a medical report can become the basis for considering a case on dismissal for health reasons under the Labor Code of the Russian Federation.

Grounds for obtaining a certificate of incapacity for work

In the first case, it is a disease incompatible with work activity, which is detected during a periodic medical examination. The conclusion about this is transferred to the personnel department of the company, and personnel officers initiate consideration of this issue. In the second option, the worker receives an injury that makes him incapacitated.

Initiation of a case for dismissal for health reasons

The owner of the company can initiate a medical dismissal case if his work in such a state may be dangerous to others or in the case when the person is completely disabled. After the personnel service receives documentary confirmation that there are medical indications for dismissal, it has the right, by means of an order, to remove a person from work and his position. All other reasons involve the resolution of the problem without resorting to such extreme measures as dismissal for health reasons.

How is the transfer to a new position due to health reasons

First, the personnel department prepares a special act or a notice of the employee's transfer to a new job. The person agrees or notes in the act that he does not agree with the management's decision. According to the Labor Code of the Russian Federation, in case of refusal, as well as the absence of an alternative vacancy at the enterprise, the employee retains his position for four months, but without payment wages.

If the employee is not recognized as completely incapacitated, then according to Article 81 of the Labor Code of the Russian Federation (part 2), the employer must offer him another job. As a rule, such work is much lower paid than in the previous position. Legal advice, as practice has shown, in the event of such a situation would be quite useful, because employers often use the circumstances for their own purposes. The law states that if a person agrees to a transfer, then in the first month in a new place, the previous salary is retained for him, and only subsequently tariff rate goes down.

Dismissal in case of refusal of a new position

Not always the proposed position suits the employee for one reason or another. Then he has the right to refuse the vacancy offered to him. If the period of his restoration exceeds four months, he risks being fired in connection with paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

This fact is confirmed by the relevant order, which the employee must familiarize himself with on the day of dismissal. Then he is issued a work book and a full payment is made. According to Art. 81 Labor Code paragraph 3, if an employee is dismissed for medical reasons, regardless of the reasons that caused the disease, the employee is required to pay an allowance in the amount of his two-week salary.

Disability for health reasons

When the disability is caused by an occupational disease, the demotion does not affect the employee's salary in any way. He receives the same salary for the entire recovery period. Until the commission recognizes him as a permanent disability (Article 182 of the Labor Code of the Russian Federation).

When should you contact a lawyer?

When dismissed for health reasons according to the Labor Code of the Russian Federation, the employee must know what compensation he is entitled to. That is why the employee should contact a professional lawyer who will analyze his situation in detail and provide a package of recommendations. Moreover, in the event of a conflict with the head, legal support will be a serious help for going to court.

A professional lawyer will tell you what documents you need to collect and advise on the correct behavior with management: sometimes injured employees give in to emotions; in the future, this only plays into the hands of the company.

In what situations can a lawyer help protect your rights?

If you have terminated the contract, and you were on vacation at that time, then immediately contact a lawyer. He will help you defend your legal rights. After all, relying on subparagraph “a” of paragraph 3 of Art. 81 of the Labor Code of the Russian Federation - this is an illegal act. In addition, you should know that, based on the same legal act, the employee cannot but be paid money for unworked vacation days used in advance.

The legislation of our country has many nuances and features. To understand them, you need to be a professional lawyer. Therefore, when making a wrongful dismissal for health reasons, the only chance to defend your rights is to contact a professional.

Partial or complete loss of ability to work by an employee is a frequent phenomenon and in some way quite natural. The human body tends to wear out under the influence of age factors, diseases, injuries, which lie in wait both at work and at home. At the same time, the execution job duties in each case requires an absolutely certain minimum level of physical and psychological capabilities. That is why the legislator has provided a clear mechanism for actions aimed at protecting the interests of production and workers in the event of an employee being dismissed for health reasons.

Grounds for termination of labor relations for medical reasons

According to the current labor law grounds for termination labor agreement according to medical indicators, only an expert medical report confirming a complete or partial, permanent or temporary disability by an employee can serve.

The decision to establish the degree of disability can only be taken by a special medical commission.

To date, such documents are authorized to issue the following medical education:

• Clinical Expert Commission (CEC) - determines the degree of temporary disability and makes recommendations on the conditions and nature of the work shown to the citizen at the time of lowering the level of his ability to work caused by the disease.
• The Medical and Social Expert Commission (MSEK) - makes decisions on the recognition of a complete or partial permanent loss of a citizen's ability to work (recognition of a citizen as a disabled person) and makes recommendations on the conditions and nature of his work in the future or on a complete refusal to work.

Decisions of medical expert commissions are binding and, regardless of the desire of the working citizen, regarding whose state of health they are made, they are sent for execution to his employer.

At the enterprise, in connection with the receipt of such a document, one of the following situations may arise, requiring the dismissal of an employee:

• based on the complete loss of the employee's labor function, the employer is obliged to dismiss him immediately under paragraph 5 of Art. 83 of the Labor Code of the Russian Federation;
• if the ability to work is partially lost and medical opinion only a transfer to another, most suitable position is recommended, the employer has such an opportunity, however, the employee did not give his consent, the employment contract is subject to termination under paragraph 8 of Art. 77 of the Labor Code of the Russian Federation;
• when, with a partial decrease in the employee's ability to work, the employer does not have the possibility of transferring to another position - the citizen must be dismissed under paragraph 8 of Art. 77 of the Labor Code of the Russian Federation.

Note that the law (Article 73 of the Labor Code of the Russian Federation) provides for the termination of labor relations in case of partial temporary disability (with simultaneous disagreement of the employee to the transfer or the absence of a suitable vacancy in the state) is provided only when medical recommendations require a transfer for a period longer than four months. Otherwise, the employer may suspend the employee from work without pay for the period required in the conclusion.

Labor legislation considers dismissal due to disability as a process initiated, rather, by the employer (this is evidenced by the norms establishing the obligation to organize regular medical examinations for employees, the obligation to comply with the decisions of medical expert commissions). If we consider a situation where an employee wants to quit on own will without an appropriate medical document, appealing to the state of one's health, dismissal should take place on general norms labor legislation.

Step by step dismissal process

The dismissal of a citizen on the basis of a medical report on the impossibility of working, regardless of the degree of disability, the possibility of transfer and other circumstances, does not require working out. On the contrary, the instructions of the medical commission must be followed immediately, since the continuation of labor activity may lead to irreversible consequences for the health of a citizen.

The algorithm of the employer's actions in a situation where an employee needs to be dismissed for medical reasons is the following sequence of actions:

1. Obtaining a medical opinion on the complete or partial loss of labor function (the employee can submit the document in person or by mail).
2. If medical recommendations provide such an opportunity, and there are suitable vacancies in the state (corresponding to the level of working capacity and qualifications of a specialist, including lower and lower paid ones), the employer is obliged to offer the employee a transfer to the appropriate position. The proposal is put in writing and handed over to the employee with the obligatory marking of familiarization on the copy of the employer. A citizen can issue his disagreement with the transfer both in the form of a separate application, and by writing on the very notice received from the employer (in the copy of the employer). If an employee refuses to familiarize himself with the proposed vacancies, this fact should be recorded by drawing up an appropriate act.
3. When the decision to dismiss is made (based on the establishment of a complete lack of ability to work, disagreement with the proposed transfer, or the absence of suitable vacancies in the state), the employer draws up a notice of termination of employment for health reasons. The document must contain an explanation of the reasons that served as the basis for dismissal, it is drawn up in two copies. On the copy of the employer, the employee puts a mark on familiarization. Refusal to familiarize is formalized by the relevant act.
4. Issuance and registration of an administrative document on termination of the employment agreement.
5. Acquaintance of the dismissed person with the order with putting a mark on it on familiarization.
6. Making calculations.
7. Entering information about the completion of labor activity in the organization in the work book.
8. extradition work book or sending a notice of the possibility of receiving it at the address of the employee's residence.
9. Entering data on the termination of the employment agreement in the personal file and personal card of the dismissed person.
10. Notification of the military commissariat, bailiff service about dismissal in case of their interest.

Note that disability (permanent disability) is a special case of disability, so the procedure for terminating employment relations on this basis is no different from that described.

Paperwork

The main documents drawn up by the employer and employee in the process of dismissal due to disability:

• Notification of a working citizen about the presence in the state of those suitable for him according to the required level of qualification and not prohibited by medical recommendations vacancies with a proposal for a transfer.
• An employee's statement of disagreement with the transfer to the proposed positions.
• Notice of termination of employment relations due to the presence of medical contraindications to the continuation of labor activity.
• The order of dismissal in connection with the deterioration of the state of health of a working citizen.

Sample notification (proposal) for transfer to a position corresponding to medical recommendations

Machine operator of the 1st category

I.S. Sergeev

Notification

Dear Igor Stepanovich!

Stroy OJSC informs you that according to the medical report No. 23 dated 05.08.2016, issued by MSEC No. 1, you are recommended to be transferred to a position corresponding to your current state of health, lasting 6 months. We explain to you that, according to Article 73 of the Labor Code of the Russian Federation, you have the right to:

• agree to be transferred to one of the positions offered to you. In this case, you will continue your labor activity at our enterprise in accordance with the terms of the previously concluded labor agreement (subject to changes and additions that will be made to it during the transfer);
• refuse translation. In this case, we will be forced to dismiss you under paragraph 8 of Art. 77 of the Labor Code of the Russian Federation.

List of vacant positions of OAO Stroy as of 08/05/2016, allowed to you in accordance with medical recommendations:

• carpenter;
• mechanic;
• engineer.

A mark on familiarization of the employee with the job description.

A mark of the employee's consent or refusal of the proposed vacancy.

Please do not hesitate to contact us by 08/08/2016. notify management of your decision in writing.

Date and signature of director.

Date and signature of the employee.

An example of a letter of refusal to transfer to a proposed position

Director of OAO "Stroy"

I.P. Yuryev

Machine operator of the 1st category

I.S. Sergeeva

Statement

I hereby inform you of my refusal to transfer for the proposed vacancies. Consequences of refusal to transfer, provided for in Art. 77 of the Labor Code of the Russian Federation, were explained and understood to me.

Date and signature of the employee.

An example of a notice of termination of an employment contract

Machine operator of the 1st category

I.S. Sergeev

Notice of termination employment contract

Dear Igor Stepanovich!

We hereby inform you that due to the refusal of the vacancies offered to you for transfer (absence in the state) corresponding to your state of health and on the basis of paragraph 8 of article 77 of the Labor Code of the Russian Federation, employment contract No. 12 dated 04.05.2010. will be canceled on 08/07/2016. For formalization of familiarization with the order and registration required documents we ask you to come to the personnel department on the day of dismissal - 08/07/2016.

Date and signature of director.

Date and signature of the employee.

Sample order document on termination of employment relationship

Sample letter of resignation in case of complete disability

Entering information in the workbook

Information about dismissal for medical reasons in the work book is entered according to general rules, established by the Instruction on filling out work books (approved by the Decree of the Ministry of Labor of the Russian Federation No. 69 of 10.10.2003).

An example of filling out a work book (table)

Final settlement: salary and compensation

On the last day of work with the employee, a full payment must be made. In case of dismissal for health reasons, the following payments are due:

• Salary for actual hours worked.
• Compensation for unused labor leave taking into account the time worked during the working year.
• Average earnings for two weeks ( severance pay).

The calculation of the two-week average earnings is based on the average earnings for the previous working year.

How to calculate the biweekly average earnings

Stanochnik I.S. Sergeev has a monthly salary of 20,000 rubles, for the billing period from August 2015 to July 2016 he worked 250 working days. Accordingly, the average two-week earnings (based on a five-day working week) are calculated as follows:

(20,000 rubles x 12 months / 250 days) x 10 days = 9,600 rubles.

Accountants should take into account that the two-week severance pay is not subject to personal income tax and contributions to off-budget funds.

Art. 217 tax code RF

If an employee's disability is due to any production factors(such information must be contained in the conclusion of the medical expert commission), the average salary is paid to him until the moment of recovery.

What is incompetence? Sometimes dismissal of an employee for health reasons is confused with dismissal due to unsuitability, but this different cases. Professional unsuitability - inconsistency of the employee with the position held, possible reasons: the employee is not suitable for a position in a particular organization; the employee does not correspond to the position held - lack of qualifications; non-compliance with the position due to dishonest performance of one's duties; other reasons beyond the control of the employee.

Possible difficulties and disputes when dismissing an employee for health reasons

Existing arbitrage practice reinstatement at work after dismissal for health reasons indicates that employers make the following common mistakes:

• Incorrect assessment of the recommendations set out in the conclusions of medical commissions (for example, there are cases of dismissal of an employee when establishing temporary disability lasting less than four months).
• Failure to comply with the procedure for dismissing an employee (for example, an existing vacancy is not offered to an employee, a refusal to familiarize himself with the proposed vacancies is not formalized by an appropriate act, and so on).

Despite the outward simplicity, the dismissal of an employee for health reasons is a rather multifaceted procedure. In such a situation, the legislation requires the employer to be able to correctly assess and interpret the recommendations of medical experts, clearly understand and implement the rules on the transfer, removal of an employee from work, dismissal. Particular care should be taken in situations where the employee does not agree with the proposed options for resolving the situation, because the matter can reach the point of litigation.

Dismissal for health reasons is possible only if a person has a medical opinion regarding the subject's health, or rather physical impairments and incapacity. Termination of the contract can be made both by the employer and the subordinate himself. The terms of termination in such cases are regulated by law and directly by the contract itself.

After examination in the hospital and the identification of a disease in a person that affects his future work activity, he must be sent to special organizations conducting a detailed examination.

These include:

1. CEC (clinical expert commission).

This structure diagnoses the state of health of the subject, after which it issues a certificate to him, which entitles the person to extend the treatment throughout the year. Use this document to obtain a disability group or terminate the contract labor relations it is forbidden. The commission can indicate the diagnosis only after the agreement of the patient who applied.

1. MSEK (medical and social expert commission).

This medical structure is aimed at protecting human rights regarding the receipt of social, medical and financial assistance for further employment or full support from the state. After passing the examination and additional examination, confirming the presence of a chronic disease that affects the ability to work, a person is assigned a disability.

The conclusion of the examination must be approved by signatures and seals medical workers. This document has legal force, and therefore neither the employer nor government agencies have the right to ignore it.

Important! A certificate from MSEC may affect the terms of termination of the contract and, in particular, the calculation upon dismissal.

Classification of disability groups

Each type of disease affects some area of ​​human activity. Based on this, all types of violations of the physical condition of a person were divided by law into special groups. Each of them has its own rights and conditions for awarding social protection.

So, the cause of a complete or partial violation of legal capacity can be:

1. Common disorders caused by long-term chronic illness or injury.
2. Violations caused by the peculiarities of labor activity (unhealthy working conditions).
3. Injury acquired in working time etc.

The legislation establishes three groups of disability.

1. I group. This category of people is considered completely incompetent. The disease leads to such extensive dysfunction of the whole organism that the person becomes unable to take part in even the most simple types labor activity.
2. II group. A person who has received this group is considered partially capable, and the disease may be temporary in such cases.
3. III group. Diseases belonging to this group do not deprive a person of legal capacity, but require easier work or the creation of special conditions.

Attention! Dismissal for medical reasons can be made only on the basis of the first group; for all subsequent ones, the employer is obliged to offer easier conditions or another vacancy.

For each type of disease and disability group, the law provides for various benefits, allowances, pensions, and most importantly, special conditions labor. At the end of the document, the patient needs to re-pass the examination and confirm the group or change it.

Transfer to a vacant position

Dismissal due to illness occurs after the management is presented with the conclusion of the commission on the state of health of the subject, or rather that he has completely lost his legal capacity.

Temporary or partial disability is not a legal basis for dismissal, in such situations, the manager can take the following steps:

1. Create special, easier working conditions, change the schedule and tasks set in the contract.
2. To offer the subordinate another vacancy suitable for the state of health that he has this moment employee.
3. To create a special commission, thanks to which the state of the subject will be confirmed, after which an act will be drawn up and a decree will be issued to transfer him to another vacancy.

Important! If the proposed job with more than light conditions labor does not suit the employee, then he has the right to refuse the position, after which the employment contract will be terminated.

If there are several options among the available jobs, then the employee has the right to independently choose the position that suits him. Notification of a transfer to another vacancy and an offer of another job is made in writing. The document must be drawn up in two copies.

One, with the signature of the subordinate, remains with the director, and the second is transferred to the employee.
If the employee refuses to sign the notification received, then the created commission records the refusal in the act, after which, on the basis of this document, the dismissal is made.

Rights and obligations of an employee

A person who has lost the ability to perform the tasks and duties specified in the employment contract has the legal right to quit on his own initiative, while not working out the required two weeks.

To do this, you need to write a letter of resignation and attach a medical certificate confirming the diagnosis to it.

The subordinate also has the right to demand to provide him with easier working conditions or to offer another position. For this, an application is also drawn up describing a request for a transfer to another vacancy or a change in working conditions.

Important! The job offered may not match the qualifications of the employee, and the pay may be less than what was in the previous position.

The right to move to another position, stay at your workplace or quit is assigned to a subordinate. AT without fail it is prohibited by law to terminate an existing contract or by an order to transfer a person to another position.

The subordinate also has the right to refuse to take his workplace and move to another position. In this case, the manager may suspend his employee for the period specified in the medical report. If such deadlines are not established by the decision of the commission, then dismissal is carried out on the basis of Article 77 of the Labor Code of the Russian Federation.

Attention! Payments upon dismissal for health reasons depend on the circumstances under which the disease was acquired, and also under which of the articles the employment contract is terminated.

Concealment of any information about the state of health, emerging diseases is strictly prohibited. If any incident occurs with an employee due to withheld information, the company is not responsible for the consequences and is not obliged to pay compensation.

The issued health certificate must be provided to the management of the enterprise no later than within three days.

Rights and obligations of the employer

Further actions of the company's management directly depend on what is indicated in the conclusion of the medical commission. As a rule, such a document contains recommendations regarding the further organization of labor activity, namely, facilitating work in an already occupied place, transferring to another vacancy, or terminating further cooperation.

The second factor influencing the development of events is the wishes of the employee. The manager can offer another position or advise to stop working, but he does not have the right to oblige his subordinate to make a decision.

A medical worker may also indicate a temporary cessation of employment for a period of up to 4 months. In such a situation, the employer is obliged to keep his subordinate's place until his recovery or general improvement in health.

Attention! After dismissal, a subordinate has the right to claim a number of social benefits for people with disabilities. They also include disability pensions.

As for Money, then all payments are regulated on the basis of an employment contract and the Labor Code of the Russian Federation. In connection with voluntary redundancy or temporary termination of employment, the employer is not obliged to pay any additional benefits.

The basis for dismissal for medical reasons is an expert opinion, indicating a complete or partial disability. The initiator of the termination of the employment contract is the employer after assessing the compliance of the state of health with the position held. We will tell in the article about dismissal for medical reasons, compare how it differs from termination of the contract on a general basis.

Medical report on the state of health

The employer receives an opinion on the state of health of the employee, sent by an expert commission or transmitted by the employee. The following have the right to establish disability:

• KEK is a clinical expert commission that certifies the medical condition of a citizen. On the basis of a certificate issued by KEK, the employee can extend the necessary treatment for up to a year. The certificate is not the basis for dismissal or assignment of disability. When making a diagnosis and recommendations, the consent of the person (patient) is required.
• MSEK is a medical and social expert commission that determines a person's ability to work and the need for rehabilitation and social protection. Citizens with persistent functional and other health disorders are referred for examination. On the basis of the conclusion, a disability is assigned with the definition of a group.

The medical conclusion is confirmed by signatures, personal seals of doctors and the seal medical institution. The decision of the commission is binding on the employer and is taken into account when determining the compliance of a person's health with the working conditions for the position held.

Classification of disability groups

The conclusion, which determines the need to assign a disability group, indicates the reason, the nature of which affects the receipt of social protection. The causes of complete or partial disability are:

• Diseases general resulting from a chronic illness or injury.
• Occupational disease caused by exposure to harmful working conditions.
• An injury received at work or on the way, which has a different meaning.
• Other causes of the person.

There are 3 groups of disability, which differ in the severity of diseases and the state of working capacity:

Each of the groups has certain benefits of federal and municipal significance. For example, with a disability of group 2, a reduced 35-hour work week is laid down. After the expiration of time and a change in the state of health, the category of the group can be changed based on the conclusion of the MSEC.

The procedure for the employer upon dismissal

The recommendations of medical examinations must be implemented immediately. Depending on the conclusion made, the employee may be transferred from his position or dismissed at the initiative of the employer. Options for the employer to dismiss a person:

Transfer to a vacant position

Dismissal in connection with the complete loss of incapacity for work is carried out immediately and unconditionally. The basis for dismissal is a medical report indicating the details in the order. In case of partial disability and the need to transfer, the actions of the employer require additional measures. Necessary:

• Determine the availability of vacancies in the staffing table that meet the requirements.
• To offer the employee in writing to take a position corresponding to the level of ability to work.
• Organize a temporary commission to confirm that the employee is familiar with the proposals and create an act in case the person does not agree to the transfer.

If there are appropriate vacancies, the employer offers the employee to take any of the positions to choose from. The offer is submitted to the employee in writing with the application of available vacancies.

“Director of Progress LLC Petrov K.N. notifies you of the need to transfer to a position corresponding to the indications specified in the medical report MSEC No. 22350 dated 11/04/2016. A list of available works that meet the requirements is attached to the notification. In addition, we inform you that you can agree with the transfer to one of the proposed positions or refuse vacancies. In case of refusal, the employment contract No. 35 dated September 10, 2012 will be terminated under clause 8 of Art. 77 of the Labor Code of the Russian Federation.

I ask you to notify the administration of your consent or refusal with the transfer to the selected position before 05.10.2016.

Director of Progress LLC Petrov K.N. (signature)

Familiarized worker Kozyrev A.A. (signature)"

Dismissal in the absence of vacancies for translation

In the absence of vacancies, a written notification form is applied with an extract from staffing.

Notification snippet example:

IP Romanishin P.P. notifies you that in connection with the conclusion of MSEC No. 15 dated 01/25/2016, it became necessary to transfer to a position corresponding to the state of health for a period of 10 months. Due to the lack of relevant vacancies, we suggest that you terminate the employment contract No. 21/2013 dated 08/10/2013 on the basis of clause 8 of Art. 77 of the Labor Code of the Russian Federation.

An extract from the staff list No. 5 dated December 29, 2015 is attached.

IP Romanishin P.P. (signature)

Worker Kovalev V.A. (signature)"

The presence of vacancies at the time of the proposed transfer is a violation of labor laws and can be challenged by the employee in court as an illegal dismissal.

Step by step instructions for the employer

If the employee refuses to transfer or if there are no vacancies, the contract with the person is terminated. Actions of the employer upon dismissal:

Actions and documents drawn up upon dismissal for medical reasons must be carried out in strict accordance with the law, which will prevent the dismissal from being challenged.

Payments to employees and filling out a work book

Upon dismissal, the employee is supposed to receive:

• the balance of the wages due, temporary disability benefits based on the data sheet;
• the amount of compensation in return for the basic and additional leave according to the personnel service and reference-calculation;
• severance pay equal to two weeks' wages.
• social or bonus payments established by the internal acts of the employer.

Severance pay is due to persons dismissed in the event of recognition as disabled and the employee's refusal to transfer to a position corresponding to the state of health (Article 178 of the Labor Code of the Russian Federation). The calculation is based on the amount of earnings received for the year preceding the dismissal. Payment is made according to the reference-calculation.

Working days are taken into account when determining the average daily earnings and days taken into account when calculating benefits.

The employment record depends on the grounds for dismissal. In case of refusal to transfer, the following text is entered into the document: “Fired due to refusal to transfer to a position required in connection with a medical opinion, on the basis of clause 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. With an entry in worker must read under the signature.

Controversial situation in the detection of partial disability

The employee is obliged to warn about the presence of a disability when applying for a job or deterioration in health during the period of employment (Article 214 of the Labor Code of the Russian Federation). In some cases, the fact of the presence of disabilities is not indicated by the employee. The employer or the security service does not carry out a health check if the employee's position does not require mandatory medical examinations.

Hiding data on partial disability does not allow the employer to provide benefits provided by law. If the employer has become aware of a partial disability that does not coincide with the working conditions, the person may be offered another job corresponding to the state of health. In the absence of vacancies, the employee is fired. There is no penalty for withholding health information.

Answers to current questions on the topic of dismissal for medical reasons

Question number 1. Can an employer pay severance pay upon dismissal under paragraph 5 of Art. 83 of the Labor Code of the Russian Federation in a larger size?

Maybe, if the condition is included in the labor or collective agreement (Article 178 of the Labor Code of the Russian Federation).

Question number 2. Does the employer have the right to withhold the amount of vacation pay granted for the unworked period?

Doesn't have. Withholding the amounts of payment for leave issued in advance upon dismissal for medical reasons is not made by the employee.

Question number 3. Can an employer transfer to more light work medical officer without his consent?

Ruled out. Transfer to another job, even on the basis of good reasons, is carried out with the consent of the employee. Refusal to transfer obliges the employer to terminate the contract if the degree of the person's ability to work does not correspond to the conditions of work in the position.

Question number 4. What document is used to document a transfer to another job for medical reasons?

The transfer is carried out on the basis of an order signed by both the employer and the employee. An additional agreement is concluded to the employment contract.

Question number 5. Is it possible to dismiss an employee under paragraph 11 of Art. 81 of the Labor Code of the Russian Federation when hiding the presence of a disability during employment in a position that does not correspond to the state of health?

Yes maybe. If the employee does not provide data that allows him to refuse to conclude a contract for the position, dismissal may be carried out in connection with the provision of false documents.

One click call

Passing a medical commission is a prerequisite for many professions. If, for medical reasons, an employee does not correspond to his position, then he is offered another one or fired. Consider the case of dismissal.

Professions with the need to pass a medical examination

The list of professions for which a medical examination is required is not established by the employer. This moment is regulated by Article 69 of the Labor Code of the Russian Federation. According to the code, a mandatory medical examination to be provided at the place of work is necessary for persons who have not reached the age of majority. Regardless of the specifics of the job, they must undergo an annual medical examination until they reach the age of 18.

Order of the Ministry of Health No. 302 N speaks of another case of mandatory passage of the commission. It provides for a mandatory medical examination for all employees of a trading enterprise. Other cases of mandatory passage of a medical commission are considered by Article 213 of the Labor Code of the Russian Federation.

According to this article, this condition is mandatory for employees in the following areas:

• Hairdressing or cosmetic services.
• Construction type production.
• Catering.
• Energy industry.
• Railway transport services associated with the carriage of passengers.

The result of the commission is the fact on the basis of which the organization decides on the suitability of the employee for the position held.

Articles governing layoffs

Dismissal for medical reasons is regulated by a number of legal acts. Specific cases are covered by the following documents:

• Clause 8 of Article 77 of the Labor Code of the Russian Federation. An employee of the organization is threatened with dismissal on a medical report if he refused an alternative position or there is none at the enterprise.
• Part 3 of Article 73 of the Labor Code of the Russian Federation. Regulates temporary or permanent translation worker for a new job. The employment contract between the employee and the employer is terminated if the employee has refused such changes or there is no suitable job for him.
• Part 4 of Article 77 of the Labor Code of the Russian Federation. Dismissal for medical reasons in this case is considered as termination of the employment contract with the personnel holding managerial and substitutive positions.

According to the current labor legislation, the only reason for terminating an employment contract for medical reasons can be only an expert medical opinion justifying a complete or partial, permanent or temporary loss of working capacity by an employee.

The dismissal of an employee for medical reasons involves a series of consistent actions regulated by law. An employment contract cannot be terminated without the availability of documents confirming the health status of the employee.

The specialist tells what to do if work is contraindicated for health reasons

Stages of reduction

dismissal for medical reasons, step-by-step instruction which will be presented below, is a process that takes into account the rights of the employee and the employer. It corresponds to the following sequential steps:

Additional facts

The conclusions of the medical expert commissions are mandatory and, regardless of the desire of the working employee, according to the state of health of which they are accepted, they are submitted for execution to his employer. It should be noted that according to the law (Article 73 of the Labor Code of the Russian Federation), termination of employment relations in case of partial temporary loss of working capacity (if the worker does not agree to the transfer or there is no suitable position in the state) is possible only when the transfer is required by a medical decision for a period longer than 4 months. In another case, the employer may suspend the employee from work without pay for the period specified in the conclusion.

1. The employee receives a medical examination confirming the impossibility of working in the current position for health reasons. Together with the medical document, he can bring to the organization an application for transfer to another position.
2. There are two possible scenarios. The first case - the employee does not apply for transfer to another position. The employer himself offers it, giving all the information about the specifics of the work, schedule and other data on the specialty. The employee refuses the offer. The process is governed by written notices in duplicate. The second option is that the company does not have a vacancy. A notification about this fact is generated to familiarize the employee. The outcome is the same in both cases. The process of terminating the employment contract begins.
3. The organization issues an order according to which the employee is subject to dismissal.
4. The order is registered in accordance with the rules adopted by the enterprise.
5. An employee who is about to be fired is notified of the existence of this order. This fact is confirmed by his signature.
6. A calculation is made in accordance with the order to terminate the employment contract.
7. The amount owed to the employee is paid. According to Article 140 of the Labor Code of the Russian Federation, the calculation is made on the day of dismissal or a day after that, if the employee had a day off. The occurrence of disputes over the amount due involves the payment of an undisputed amount on the part of the employer in due date. Unused holidays for the period of work are paid in accordance with Part 1 of Article 127 of the Labor Code of the Russian Federation. Vacation pay that the dismissed employee did not work out in the current year is also paid (Article 137 of the Labor Code of the Russian Federation). The employee is also entitled to severance pay. Its amount is equal to the salary due for two working weeks (Article 178 of the Labor Code of the Russian Federation).
8. A record that an employee vacates a position is made in his work book and personal card. At the same time, the employee must put his signature under the note in the personal card. The processes are regulated by paragraphs 10 and 12 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them.
9. The archive of the employer is replenished with a copy of the work book of the dismissed person.
10. The dismissed person is issued a work book. If he did not receive it for any reason, a notification is sent to his address about the need to pick it up, and a note about this is made in the enterprise's documentation. The employee can make written appeal, according to which the work book is returned to him no later than three days (excluding weekends) from the moment of his application.
11. The employee confirms the fact of receiving a work book by signing a book that takes into account the movements of this document. This book must comply with the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69 "On approval of the Instructions for filling out work books."
12. The dismissed person is issued a certificate indicating the amount of earnings.
13. The above stages of dismissal in connection with a medical report characterize this process as an action on legal grounds. They are mandatory for all organizations and should not violate the rights of an employee or employer.