Transfer or dismissal due to health reasons. Payments upon dismissal for health reasons to military personnel

At any point in life, a person may inevitably encounter health problems. It is impossible to constantly guarantee a stable physical condition of the body.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Its proper functioning can be disrupted by a variety of acute and chronic diseases, injuries and other disorders.

Any employee of the organization can suddenly become ill or find himself in a situation that will lead to a deterioration in his physical condition.

If serious health problems arise, obstacles to working may arise. In this case, either the working conditions can be changed, or the work activity can be stopped completely.

Labor legislation provides for several options for dismissal for health reasons.

General information

If an employee loses the opportunity to work or becomes disabled, this has certain consequences for him.

The most difficult of these is the severance of the employment relationship between the employee and the employer. In this case, the employment contract is terminated.

The procedure for dismissal due to the employee’s health condition is regulated by the Labor Code of the Russian Federation.

Legislation

The Labor Code of the Russian Federation provides for several articles on the basis of which labor relations are terminated due to the employee’s health status:

• 5 point. Applies if an employee is recognized as unable to fulfill work obligations based on an existing medical report.
• 8 point. Applies if an employee refuses to be transferred to another job due to health conditions. The need for transfer must be determined by the availability of a medical report.
• 3 point. Applicable if the employee’s health condition prevents him from continuing to work for the company. In this case, the employer may offer the employee to remain in the organization, subject to transfer to a vacant position that corresponds to his state of health. The article applies if there is no vacant position or the employee refuses to occupy it.

Grounds

Termination of the employment relationship is possible or. The most common termination of employment is at the employee's own request.

In this case, the employee must provide the reasons for dismissal and prove them with documents (medical certificates).

Grounds for dismissing an employee:

• his subsequent fulfillment of his labor obligations may harm both himself and his colleagues;
• the employee has experienced significant changes in his health status that prevent him from carrying out work activities in accordance with the requirements;
• The employee was declared incapacitated by medical workers.

Dismissal due to health reasons

If there is a significant deterioration in health, the employee must undergo a medical examination, and then notify his employer about the current situation, providing medical reports.

This is stated in Article 21 of the Labor Code of the Russian Federation. The responsibility to monitor their health rests entirely with the employees themselves.

In this case, the employer is required to study the opinions of medical specialists.

After this, the employer is obliged to make a decision regarding subsequent cooperation with the employee.

At one’s own request (at the employee’s initiative)

In case of dismissal of his own free will, the employee must provide the employer with documents about his state of health and write a letter of resignation.

It is written on an A4 sheet in free form, indicating the details, date of compilation and signature.

After reading the application and medical reports, the employer must issue a dismissal order. The employer has no right to detain such an employee at work.

1,2 or 3 disability group

When receiving a disability group, the employee must provide his employer with documents confirming this fact.

Dismissal of an employee with a disability at the initiative of the employer is unacceptable and threatens management with liability.

In addition, a situation is possible when a disabled person copes with the performance of his own labor duties. It is also possible to subsequently restore a person’s health.

For example, if a disability group of 1 or 2 was received, dismissal for health reasons is possible on the initiative of the employee himself. And in the case of group 3, a person can find the strength and desire to continue working.

Each case must be considered individually.

If a disabled employee has contraindications to his previous work, he may be transferred to another position if there is an open vacancy. If he refuses the new position, he may be fired. When dismissing a disabled person, it is possible to apply the wording.

Serviceman

A serviceman may be discharged if he has an exacerbation of a chronic disease, or he acquired an illness during service that prevents further service.

Unfitness for service is established by a decision of a military medical examination.

A military man can spend the period of time required to make a diagnosis and complete documentation for dismissal in a hospital or medical unit.

At this time he should not be involved in military duties.

Total disability

In case of complete incapacity for work, confirmed by medical reports, unconditional dismissal is necessary. However, neither party should object to such a decision.

There are no alternatives to dismissal due to total disability, so all that remains is to come to terms with the situation.

When leaving work for this reason, the employee has the right to receive.

Registration procedure

Labor legislation provides for a certain procedure when dismissing an employee due to health limitations.

How does dismissal happen:

1. The employee provides the employer with a medical report. This document is issued by a medical or clinical expert commission. The conclusion must include the name of the disease, injury or injury. The commission must establish the possibility of the employee continuing to work and, if necessary, assign a disability group.
2. The employer is obliged to review the documents provided.
3. If medical specialists have established the possibility of transferring an employee to another position, the employer is obliged to offer him to take a vacant position, if available. In this case, a new position with a lower salary may be offered. Otherwise, the employee must be fired.
4. The employee is obliged to familiarize himself with the employer’s offer and sign for it. The offer from the employer is subject to registration in the notification register.
5. Within the period set by the employer, the employee must either agree to the offer or refuse it.
6. In case of refusal, the employer is obliged to dismiss the employee. Refusal of an offer must be documented. The employee must write a letter of resignation for health reasons.
7. Then it is published. The employee must sign, confirming his/her familiarity with the document.
8. The employee makes an entry in the work book with reference to the relevant article of the Labor Code.
9. On the day of termination of the employment contract, the employee receives a work book, a calculation and, if necessary, a certificate of earnings.

Required documents

To terminate an employment relationship due to health conditions, the following package of documents is required:

• a report on the employee’s health status from a medical institution;
• refusal to transfer an employee to another position;
• a document confirming the presence or absence of an open vacancy for the transfer of an employee;
• resignation letter;
• notification of an employee about dismissal;
• order from the organization regarding dismissal due to the employee’s health condition.

Is work required?

In case of dismissal due to deteriorating health, the employee may not work, and the employer does not have the right to force him to work.

Calculation and payments

In 2019, after dismissal due to health conditions, employees are provided with wages and... At the same time, when making calculations, accounting should take into account only the time actually worked by employees.

An employee dismissed for health reasons may qualify for severance pay. It is calculated based on the average salary of an employee for 2 weeks.

In some cases, employers want to dismiss employees on grounds unrelated to poor health in order not to pay them compensation.

Such actions on the part of management are unacceptable, and the employee must insist on dismissal due to poor health.

In this case, it is necessary to try to establish contact with the employer through negotiations. If the result is negative, you can write a motivated complaint to the labor inspectorate, attaching copies of medical reports.

The calculation must be carried out on the day of termination of the employment relationship. In the event that an employee is seriously injured during work, his wages are paid until he recovers.

Consequences of violations

In the event that an employer insists on continuing an employment relationship with an employee who has contraindications for this type of work, this may be regarded as forced labor.

If there are medical certificates confirming the employee’s unfitness to fulfill labor obligations, appropriate measures regarding dismissal should be taken as soon as possible.

A citizen is recognized as able-bodied not only upon reaching working age, but also due to health reasons. If, during a periodic medical examination or after an injury, an employee is found unable to perform his job duties, the employer faces the question of whether to properly dismiss him. Dismissal for health reasons has a number of features.

If an employee has expressed a desire to abandon his work duties due to permanent disability or was declared unfit during a medical examination, then he has the right. The basis should be both a statement of resignation at his own request and a medical certificate signed by a medical commission that declared him incapable of work.

Termination of an employment contract is also possible at the initiative of the employer. In this case, there are only three legal grounds:

• the employee is declared completely incapacitated;
• the employee is unable to perform his job duties and follow instructions;
• continued work may cause harm to the employee or his colleagues.

Each of these grounds must be documented, otherwise the dismissal will be considered illegal.

Instructions for dismissal

An employee who has been recognized as having limited ability to work or has completely lost his ability to work must notify the employer in writing, attaching a document confirming this fact. The employer is obliged to familiarize himself with the doctors’ recommendations and decide on further cooperation. For example, if health restrictions apply only to the performance of a particular job, the employee may be offered another position in the organization.

If the restrictions relate to working conditions, then the employer has the right to eliminate factors dangerous to the employee, but is not required to do this. If the employee does not provide the conclusion of the medical examination to the employer, the latter does not bear responsibility for the deterioration of his health.

Employee actions

The employee is obliged to familiarize himself with the employer’s offer of transfer to a new position against signature, if such an offer took place. The employee has the right to agree in writing to the transfer or refuse it. If the certificate of incapacity for work indicates the period of loss of ability to work (for example, suspension from work for six months), and the employee does not agree to be transferred to another position, he provides a written refusal.

The employer, in accordance with the order and sick leave, is obliged to suspend the employee from work for a specified period while maintaining his job. In this case, wages are not calculated; instead, sick leave payments are made: three days are paid at the expense of the employer, the rest at the expense of the Social Insurance Fund.

Employer's actions

When an employee refuses to familiarize himself with existing proposals, the employer draws up a document that is signed by three employees who witness the refusal. Labor legislation gives the employer the right to dismiss an employee if the period of suspension from work exceeds four months. Before this period, you cannot dismiss an employee, but you can transfer him to another position or pay sick leave benefits, the amount of which depends on the total length of service.

Payments

For health reasons, they mean not only full payment and compensation for unused vacation days, but also severance pay. According to Article 178 of the Labor Code of the Russian Federation, the employee is paid the average monthly salary for two weeks. This is severance pay. No other compensation is provided by the employer, except in cases where the loss of ability to work was due to the fault of the employer. In this case, severance pay in the amount of average monthly earnings is retained by the employee until full recovery.

Documentation

The employee writes the application at his own request, indicating the reason and a link to the basis document (conclusion of the medical commission). In this case, you won’t have to work for two weeks.

An entry about the employee’s dismissal on his own initiative is made in the work book only if the health condition has not been documented. In all other cases, a record of dismissal is entered in the work book with reference to the article of the Labor Code on the employee’s loss of ability to work and refusal to transfer to another position. If no offer has been received from the employer, then an entry is made with a link to the article.

Important: if the work record book and the dismissal order do not indicate the reason (loss of health), and the employee agreed with such wording, severance pay may not be paid to him on legal grounds. An employer who violates labor law regulations bears administrative liability.

In order for all employee rights to be respected, strict compliance with the established dismissal procedure is necessary. If the employer has not fulfilled its obligations to the employee, the latter has the right to file a lawsuit against him. It happens that an employer ignores a medical report and continues to cooperate with an employee as before - then his actions fall under the violation of constitutional human rights and forced labor. In this case, the measure of liability is not only administrative, but also criminal.

The Labor Code and other regulatory documents regulate all issues of dismissal, payment of compensation, establishment of required benefits and guarantees upon termination.

Grounds for dismissal due to illness

Termination of work for health reasons can be made for the following reasons:

1. If the employee’s health condition does not allow him to continue, and he refuses to be transferred to another job suitable for health reasons. When the employer cannot provide other work.
2. The employee is recognized by ITU as completely incapacitated for work. The employment relationship with the employee is terminated only based on a certificate of disability, or medical report medical commission on the compliance of the employee’s health with the assigned work. The procedure for issuing a medical report is regulated by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441n.

Dismissal due to illness due to determination of total incapacity for work

The basis for dismissal is a certificate of disability marked “Unable to work” or an extract from the examination report. A certificate of incapacity for work with the disability group indicated and the date of its establishment. Without a certificate, ITU does not give the right to establish the benefits and guarantees due to a disabled person. This leads to the following conclusion:

• The above documents are required. After receiving the certificate, an order is issued in form T-8 to terminate. The date and wording of dismissal are entered in strict accordance with the Labor Code of the Russian Federation, with reference to Article 83, paragraph 5.1. The employee gets acquainted with the order against signature on the day of its publication. A full calculation is made, including all types of amounts due at the time of dismissal, two-week average earnings.

In the list of items handed out to a dismissed employee documents include:

1. order (at the written request of the employee);
2. The issuance of a certificate for the two calendar years preceding dismissal is mandatory (Federal Law No. 255-FZ of December 29, 2006);
3. Other documents necessary for the employee or copies thereof upon the employee’s written request.

Dismissal under clause 8 of the first 77th article of the Labor Code of the Russian Federation

The procedure for dismissal is the same as for a finding of total disability. The difference is that at first All available vacancies suitable for health reasons are offered. Dismissal due to illness is carried out only as a last resort, when all possibilities for providing the sick employee with the necessary work have been exhausted.

A job offer can be issued in the form of an order or notification, with whom the employee gets acquainted with signature. The employee’s refusal to transfer must be in writing. A convenient option would be to draw up an act. When the impossibility of providing work comes from the employer, the notice must be in writing, indicating the reasons.

Difficulties encountered during dismissal

In practice, dismissal due to illness, due to complete inability to work, often comes down to correctly determining the date of termination of the employment relationship. for all types of dismissals (Part 3Article 84.1) determined the date of dismissal - the last day of work.

The termination of the employment relationship should be considered the day preceding the establishment of disability. It happens when an employee presents a certificate some time after the examination. If the employee continues to work after being diagnosed with disability, then the day will be the date of presentation of the ITU certificate.

To avoid negative consequences, it is recommended the date of provision of the certificate is reflected in the act attached to the order. Disputes of a complex nature arise when another job is provided or refused. In such cases, you can contact a specialist for advice.

Injuries, acute and chronic diseases can undermine not only a person’s health, but also his ability to work. The latter fact is reflected in career activities: frequent sick leave is frowned upon by management, which can ultimately lead to dismissal. But does management have the right to do this?

Can I be fired for health reasons? The legislative framework

• Labor Code;
• The Constitution of Russia;
• Code of Administrative Violations;
• Fundamentals for protecting the health of citizens.

• loss of ability to perform previous duties (clause 5 of Article 83 of the Labor Code);
• refusal of the employee to be transferred to another position with lighter duties (clause 8 of Article 77);
• further impossibility of continuing work due to the identified illness (clause 3a of Article 81 of the Labor Code).

In connection with suspected injury or illness, a medical examination will be required, since the employee’s poor health alone is not grounds for termination of work. This corresponds to item 1 of the list above.

Point 2 speaks of the employee’s reluctance to leave his current position and transfer to a more acceptable one (due to health reasons). However, if continuing activities in the same place threatens to deteriorate the employee’s well-being, then the manager, referring to clause 8 of Art. 77 of the Labor Code of the Russian Federation, is obliged to dismiss him or transfer him to another type of activity within the enterprise. Otherwise, the employer will be held liable for violation of the Federal Law on Labor Protection (Article 5.27 “Violation of labor legislation and other regulatory legal acts containing labor law standards”).

Point 3 speaks of the employee’s inability to continue working due to illness, since this negatively affects both the condition of the person himself and the quality of the work he performs. Based on this, the employer must offer the employee a transfer to another, simpler position in the enterprise, if there is one. If there are no suitable positions on staff, then management breaks off labor relations.

Documents confirming the employee’s health status for dismissal

• medical examination certificate;
• a written warning to the employee about the presence or absence of another position suitable for his condition;
• written refusal of the dismissed employee to be transferred to another position;
• notifying the employee of his dismissal;
• resignation letter from the employee;
• an order to terminate labor cooperation indicating the relevant legal basis.

The mandatory, main document that determines the further dismissal of an employee is a medical report. It is issued by a clinical expert commission (KEC) or a medical and social commission (MSEC).

Degrees of disability

1. Inability to continue to perform one’s duties in the previous workplace, as well as in a new position with lighter similar responsibilities.
2. Work activities with the same powers, but under special conditions for the employee: for example, with the availability of equipment necessary for the employee’s rehabilitation, etc.
3. Performing duties with the help of strangers or complete loss of ability to work.

Procedure for dismissal due to health reasons

Based on this conclusion, a disability rehabilitation card is issued and a medical commission makes a decision on how fit the employee is for further work.

There are 3 groups of disabilities that limit a person’s ability to work:

• Group 3 – working (the employee has the right to continue working with minimal restrictions);
• Group 2 – complete disability;
• Group 1 – absolute incapacity, in which the employee is forced to leave work.

The dismissal of a sick employee will take place if it is officially confirmed that further continuation of labor cooperation is impossible and it can cause harm not only to the sick employee himself, but also to those around him.

• the employee’s reluctance to move to another civilian position;
• there is no suitable position in the organization to which the employee could move;
• the patient is declared completely incompetent and is not allowed to continue his work.

Transfer of an employee to another position is carried out in accordance with Art. 73 of the Labor Code of the Russian Federation “Transfer of an employee to another job in accordance with a medical report.” Moreover, the transfer can be either temporary (for up to 4 months) or final. When transferred to a place with lower earnings, the previous payments are retained for a month.

Is work needed?

• the medical commission has not established categorical prohibitions on the performance of current duties;
• there are clarifications regarding the transfer of an employee to a lighter position at the enterprise;
• the employee expressed a voluntary desire to resign due to poor health, without the decision of medical experts.

If a medical certificate allows the possibility of continuing to work in this position, then work on the part of the employee will be required.

Registration of a work book

The indication of the article of the Labor Code of the Russian Federation in the work book must be accurate, since an error may lead to problems for the employee during further employment.

Severance pay

• cash payment for time worked (meaning the actual presence of the employee at the workplace);
• monetary compensation for unused vacation time;
• a special payment based on average earnings for 14 days.

(salary for 30 days? 12 months? number of days worked per year) ? 10 days.

If an employee’s health problems began due to production activities, a special payment is accrued until the employee’s condition returns to normal.

Many employees, having fallen ill, prefer to endure the illness “on their feet” without informing their employer about it. This is due to the fear of being fired for health reasons. Let's look into this problem and consider the reasons why an employee may be transferred to another position or fired for health reasons. An employee's health condition may be a reason for transferring him to another position and even dismissal. The employer and HR department employees must be guided by a medical report that confirms the state of health; in its absence, transfer or dismissal is considered illegal. A medical report is issued by a clinical expert commission (CEC) of a medical institution or a medical and social expert commission (MSEC), which also issues a disability rehabilitation card for a disabled person. KEC and the MSEC trade union center send the employer documents on health status, work injury, occupational disease, and other health conditions. MSEC establishes the disability group, and also decides on the degree of disability and the possibility of further work. There are three degrees of disability: I – reduction of professional working capacity (III disability group), II – complete loss of professional working capacity without the need for constant outside care (II disability group), III – complete loss of professional working capacity with the need for constant outside care (I disability group) .It is worth noting that not every health condition is grounds for transfer or dismissal. An employment contract is terminated only if the employee is declared completely incapacitated, or his health condition prevents the proper performance of work previously performed by this person, or this work is contraindicated for him, or performing work with this health condition is dangerous for other employees or persons served. Labor The Code of the Russian Federation discloses the reasons for the transfer or dismissal of an employee for health reasons. Let's consider them in more detail. According to Art. 81 of the Labor Code of the Russian Federation, the dismissal of an employee during a period of illness (temporary disability) is not allowed, except in the case of liquidation of the organization or termination of activities by an individual entrepreneur. And if a medical report recognizes the employee as completely incapable of working, then in accordance with Art. 83 of the Labor Code of the Russian Federation, an employment contract is terminated due to circumstances beyond the control of the parties, that is, dismissal. Based on Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee due to health reasons. If an employee refuses a temporary transfer to another job for a period of up to four months, or the employer does not have the appropriate job, the employer is obliged to suspend the employee from work for the entire period specified in the medical report, maintaining his place of work (position) without accruing wages. If the employee refuses a transfer for a period of more than four months or a permanent transfer, or the employer does not have the corresponding work, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code of the Russian Federation. Based on Art. 178 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid severance pay in the amount of two weeks’ average earnings. In accordance with Art. 182 of the Labor Code of the Russian Federation, when an employee is transferred to another lower-paid job with a given employer, he retains his previous average earnings for one month from the date of transfer, and when transferred due to a work injury, occupational disease or other work-related health damage - up to establishing a permanent loss of professional ability to work or until the employee recovers. There are common cases when workers, having fallen ill, do not advertise this fact, suffering the disease “on their feet” in order to “not fly out” from work for health reasons. This is absolutely impossible to do, because there is a high probability of worsening your health condition even more. However, many believe that they can cope with the disease on their own. Workers should be more attentive to their health. This will help reduce the likelihood of occupational injuries and improve the quality of employees performing their job duties.