Something can happen in the life of every person that can cause his health to deteriorate - for example, an injury or a newly discovered disease. This circumstance may cause the employee to be unable to perform his previous job duties.
- How to properly part with an employee who has become disabled, properly documenting it?
- What payments are due to a person leaving due to incapacity for work?
- What features of such dismissal are typical for an employee? military service?
We consider this issue from the perspective of the Labor Code Russian Federation and employer practices.
According to the Labor Code of the Russian Federation
The legislation of the Russian Federation states that every employee must be able to fulfill the tasks assigned to him professional responsibilities. If health does not allow this, then such labor is equated to forced labor, which is strictly prohibited by law. All the subtleties associated with termination employment contract for health reasons are regulated by the following provisions of the Labor Code:
- subparagraph a of paragraph 3 of Art. 81 of the Labor Code of the Russian Federation - article on termination of an employment contract related to the employee’s failure to comply with his position for medical reasons;
- clause 8 art. 77 of the Labor Code allows you to dismiss an employee if the organization does not have the opportunity to work in a position suitable for his current condition, or he does not agree to take a suitable vacant position;
- clause 5 art. 83 of the Labor Code of the Russian Federation provides for dismissal when a person can no longer work at all;
- Art. 178 of the Labor Code of the Russian Federation stipulates the benefits due upon dismissal.
Formulate it correctly
The phrase “dismissed for health reasons” is often used in everyday life, but it should be noted that it is legally invalid - there is no such formulation of the grounds for dismissal in the legislation. This or that state of staff health is determined not by the employer, but by medical institutions. If a person is in this moment unable to continue working, this may also indicate temporary incapacity for work, that is, being on sick leave. And such an employee’s status makes his dismissal impossible.
Therefore, the correct wording would be “dismissal for medical reasons” or “due to the inability to perform one’s job duties.”
Formulation in work book depends on the article under which the dismissal is made.
Not a step without KEC or MSEC
Neither the employee nor the employer has the right to adequately assess the physical ability to perform labor functions. It's your prerogative medical workers, which must issue an appropriate conclusion.
- If a disease incompatible with work in the previous position is detected during a preventive or routine examination, the conclusion is sent to the employee’s personnel department KEC- clinical expert commission. This conclusion must be endorsed by the chairman and all members of the KEC, certified by the seal of the medical institution and filed with the employee’s medical history. This conclusion provides grounds for transfer to a suitable job.
- If the cause of disability is injury, mutilation or other unforeseen event, it is analyzed MSEC- medical and social expert commission. In addition to the conclusion on partial or complete disability, the commission issues a rehabilitation card, which indicates the disability group assigned to the employee, as well as information about what types of activities a disabled employee can be admitted to and for what period. If the loss of disability is persistent, which makes further professional activity, a decision on this is also made by MSEC.
IMPORTANT INFORMATION! The employer does not have the right to make any personnel decisions without a medical report from the KEK or MSEC. Any dismissal without such a conclusion related to health conditions is considered illegal.
The employer has been provided with a conclusion, what next?
Having received the appropriate medical report from a medical institution or the employee himself, the employer must immediately take adequate actions. An employee in respect of whom such a conclusion has been drawn up cannot continue to work as if nothing had happened - this threatens the employer with serious sanctions, since it is a violation of the employee’s rights. Let's consider the employer's options depending on the reactions of the disabled employee.
- Partial or temporary disability. If the conclusion only limits labor functions, the employer must provide the employee with the opportunity to use them to the extent permitted by doctors. To do this, the employee should be offered a transfer to a position whose duties do not contradict the medical report:
- if the employee agrees, such a transfer is carried out on a temporary or permanent basis (consent must be confirmed in writing);
- if there is no vacancy that meets the requirements or the employee’s consent has not been obtained, dismissal is lawful in accordance with clause 8 of Art. 77 Labor Code of the Russian Federation.
NOTE! Even if the employee still performs all duties flawlessly, the priority of the medical report is undisputed. If the performance of labor functions may be dangerous for the employee himself, the team or his clients, as reflected in the medical report, he is advised to transfer to another position, create special conditions or dismissal. If reduced performance or defects in work due to health conditions are recorded, this will be additional evidence of the validity of the medical report.
Money issues
How will the employee’s incompetence as a professional affect the employer financially? It all depends on the article of the Labor Code under which the employment contract is terminated or a transfer to a lighter position is made. The following options are possible:
- If, due to deteriorating health, an employee transferred to a position that is paid lower than the previous one, then in the first month of work in a new capacity he must receive the same salary, and if the transfer is temporary, then payment of average earnings is made until restoration or complete loss of ability to work (no more 4 months);
- if you are fired under paragraphs. and clause 3 of Art. 81, that is, the company does not have a vacancy suitable for his health, then upon leaving work, the employee will receive an allowance in the amount of 2 weeks’ earnings;
- if there is a suitable vacancy, but the employee does not want to move to it (clause 8 of Article 77), he will not be able to receive benefits;
- if the basis for dismissal was clause 5 of Art. 83, that is, the employee is released due to the complete loss of the opportunity to work, such a circumstance does not depend on the will of the parties, therefore severance pay not supposed to.
Dismissal of a serviceman
If a soldier is no longer fit to serve due to health reasons, the procedure for his release is called commission. Issues of compliance with his health and military service are regulated Federal law"On military duty military service", namely subparagraph 6 of paragraph 6 of Art. 51. A military man has the right to transfer to another position or leave service if his health does not allow him to continue.
The medical indications must be confirmed by the conclusion of the Military Medical Commission (VKK). If the conclusion states partial fitness for service, then the consent of the serviceman will be required for dismissal.
The mandatory reasons for discharging a serviceman are:
- conclusion of the Higher Military Commission on complete unfitness for service;
- health restriction if a military contractor does not have the right in his position to rise above the conscript sergeant major.
If expelled from the Armed Forces, the commissionee is entitled to the following payments:
- one-time benefit - 2 salaries for employees less than 20 years old, 7 salaries for “veterans” of service;
- if the military man was awarded a state award, the compensation increases by one more salary;
- bonus for conscientiousness (due if at the time of commission the military man was in his position) - a quarter of the monthly salary or allowance, for cadets - 15%;
- financial assistance for the year of departure - monthly salary.
ATTENTION! Payments may be canceled due to certain unfavorable circumstances provided for by the Federal Law, for example, deprivation military rank, a court sentence of imprisonment, failure to fulfill contract requirements, etc.
Termination of an employment contract with an employee for health reasons is a fairly common and common practice. When dismissing a sick employee, the employer acts in accordance with the requirements of the Labor Code of the Russian Federation, which clearly stipulate the possible conditions for dismissal, as well as its documentation.
Grounds for dismissal due to health reasons
There are many reasons for dismissal due to health reasons. For example, the employee himself, tired of performing his official duties, decided to quit in order to rest and regain his strength. Or the director of a plant, noticing that an employee was working too hard, came to the disappointing conclusion that dismissal was necessary.
The reasons given cannot be considered grounds for dismissal from a legal point of view. An employee, if these circumstances arise, may resign solely for at will or by agreement of the parties, and not for health reasons. And it would be illegal to fire an employee solely on the basis of the employer’s wishes.
Legal grounds for dismissal here are medical reports from one of two authorities:
- Clinical Expert Commission (CEC).
- Medical and Social Expert Commission (MSEC).
Only after receiving such a conclusion will the employer be able to take further steps for the purpose of dismissal.
MSEC is authorized to determine the degree of ability to work (disability). There are three disability groups:
- Group 3 - decreased ability to work;
- Group 2 - complete loss professional ability to work without the need for constant outside care;
- Group 1 - complete loss of professional ability to work with the need for constant outside care.
However, receiving a medical certificate is not yet grounds for dismissal. There are several typical cases of dismissal for health reasons:
- Receiving disability of the first group and recognition of the employee’s complete incapacity for work.
- The person can no longer perform his previous job, and there is no other job that he could handle in the company.
- The employee was offered a vacant position that was within his physical capabilities, but he refused it.
Dismissal in connection with the occurrence of these situations is set out in detail in the provisions of the Labor Code of the Russian Federation and other legislative documents. In this case, each specific group provides for an appropriate procedure.
Step by step process of dismissal
The process of dismissal for health reasons, in a general order, includes the following sequential stages:
- Passing medical commissions.
- Providing medical reports to the employer.
- Offering an employee a different position or job.
- Making an order.
- Entry in the work book.
- Issuance of due payments.
Passing a medical examination
The employee himself is interested in being examined by a medical commission. It happens that a worker, in order to retain his workplace or position, hides his illness from management for some time. This cannot be done based on two main criteria:
- By not seeking medical help and continuing to work, regardless of health, an employee can thereby sharply worsen his own physical condition and become more ill. serious illness, allow the creation of an emergency situation and even die.
- A sick employee may be unable to cope with his job responsibilities and thereby cause harm to both himself and his colleagues.
Article 21 of the Labor Code of the Russian Federation directly provides for the employee’s obligation to inform management about problems with his health that may lead to a risk for the entire work team. Routine medical examinations are provided only at enterprises with hazardous production conditions. In such companies, the next planned medical event will directly show the deterioration of the employee’s health, and will open the way for further medical research into his health.
But most organizations do not conduct such routine medical checks. Therefore, the employee must himself request such medical control and notify the employer about this. It is best for both the employee and his boss to make this notification in writing.
After receiving a notification about the need for health research, the head of the enterprise must refer the employee to doctors for further research. However, the employee may undergo a medical examination at his own discretion. If, after a medical examination, the employee does not provide a medical report, then the employer cannot draw his conclusions based only on subjective signs. In this case, the management is relieved of responsibility for possible harm to the patient’s health.
In the case when the primary medical tests presented by the employee to management show dangerous deterioration in health, the employer is obliged to send the employee to undergo a medical and social examination.
Procedure for completing a medical examination
The decision of the medical and social examination is formalized in the form of a conclusion. This document must be submitted to the management of the enterprise within three days after the date indicated in the medical report.
However, exclusively medical, social and clinical expert commissions have the right to draw conclusions about the degree of the employee’s ability to fulfill their duties. labor Relations. And, most importantly, only the conclusion of these commissions gives grounds for the employer to take further steps towards dismissal.
Based on medical evidence, the commission comes to conclusions about the client’s complete or partial disability. In case of total incapacity for work, the issue of dismissal is not questioned. If partial disability is recognized, continuing the dismissal process has several options:
- work in a position available due to health reasons;
- dismissal due to refusal of a new job that does not have medical contraindications;
- dismissal for lack of a position or workplace in the organization that corresponds to the employee’s level of health.
And also, the employee can ask for dismissal on his own initiative in the form of dismissal at his own request or by agreement of the parties. IN the latter case the issue of dismissal is not related to health conditions, which entails the absence of special severance pay.
It should be noted that while an employee is on sick leave, he can be dismissed only upon liquidation of the enterprise. All other cases provide for the dismissal of the employee only after he returns from sick leave.
The procedure for offering an employee another job
If an employee is recognized as partially able to work, the head of the enterprise is obliged to offer him a position that allows him to work within his capabilities and does not pose a health risk to himself, his colleagues, or the enterprise itself.
It is allowed that the new feasible job be lower paid.
Such a proposal must be made in free form and only on paper. If you disagree with the transition to a new position, the employee must record his decision in a written statement indicating the reason for the refusal. He must formalize his disagreement in a form that does not allow for discrepancies, for example, he must write the phrase “I refuse the offered position.”
The application for refusal is drawn up by the employee in his own hand and certified by his personal signature. Only if you have such a document and a medical report in hand, dismissal for health reasons is allowed on the basis of Article 77 of the Labor Code of the Russian Federation.
The proposal to transfer for health reasons to a vacant workplace is drawn up in two copies. The document must bear the signature of the head of the company and registration number. Both copies are presented to the employee for review and signature. One copy is given to the employee, and the other remains in production.
A proposal to transfer to another job for health reasons is drawn up in free form in two copies.
In the event that a worker does not want to sign a document, a corresponding act is drawn up in the presence of three witnesses, on which the witnesses and the manager put their signatures.
If the employee agrees to a new job, he draws up a statement of consent, and the personnel department of the enterprise draws up a transfer order and an additional agreement to the previous employment contract. This addition takes into account the recommendations of the doctor or medical commission and records the period for which the worker is transferred to a new place of duty. And also here the amount of salary or monthly wages.
The additional agreement must indicate the timing of the transfer, its reasons and the amount of wages
At the end of the specified transfer time, the management of the companies is obliged to return the employee to his previous place of work. If the employee and management express a mutual desire to leave the employee in a new place, then such a place becomes permanent, which is recorded in the work book.
Making an order
An order for dismissal for health reasons must have a link to an article of the Labor Code of the Russian Federation that is appropriate to the given situation. If possible, the employee is removed from work for a while, while retaining his place of work. The following options are available for recording the reason for dismissal:
The dismissal order must contain a reference to a medical report
- Complete loss of ability to perform work (clause 5 of Article 83). Here it is necessary to have a medical certificate confirming the employee’s complete disability.
- Refusal to transfer to another job due to serious illness (clause 8 of Article 77). In such a development, when an employee refuses to be transferred to another job and asks to be dismissed, the entrepreneur is obliged to dismiss him under this article.
- Inability of an employee to perform work due to illness (subparagraph “a” of paragraph 3 of Article 81). This formulation is used when an employee’s illness has a negative impact on the quality of work performed. And in this case, management must offer the employee more light work. If an employee refuses such work or there is generally no suitable place at the enterprise, then his employer has the right to dismiss him under this article.
An order for dismissal for health reasons, as well as orders for dismissal for other reasons, is executed on the standard T-8 form.
An order for dismissal for health reasons is executed on a standard form in the T-8 form
Entry in the work book
All entries in the work book are drawn up based on the requirements of two main documents:
- Rules for maintaining and storing work books (Government Decree No. 225 of April 16, 2003).
- Instructions for filling out work books (Resolution of the Ministry of Labor and social development No. 69 dated 10.10.2003).
Only the wording of the grounds for dismissal, set out and strictly outlined in Article 84.1 of the Labor Code of the Russian Federation, is allowed. No free statements of reasons for dismissal other than those specified in this article are permitted. In this case, reference must be made to the existing medical report.
A record of termination of a contract for health reasons is made, as in other cases of dismissal, on the day the order is issued and the employee is dismissed. In most cases, the date of dismissal is considered to be the last day of work. If an employee quits after taking his last vacation at this enterprise, then the date of dismissal at his request will be considered the last day of vacation.
Depending on the circumstances of dismissal, there are three main recording options:
The employment contract was terminated due to the employee’s refusal to transfer to another job, which he needed in connection with a medical report, clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation.
The employment contract was terminated due to the employer’s lack of work required by the employee in accordance with the medical report, paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.
The employment contract was terminated due to circumstances beyond the control of the parties, due to the recognition of the employee as completely incapable of labor activity in accordance with the medical report, paragraph 5 of part one of Article 83 of the Labor Code of the Russian Federation.
In column 3 of the work book, recording the grounds for dismissal may begin with the words:
- "Fired";
- “The employment contract has been terminated”;
- "The employment contract has been terminated."
All three of these formulations are correct and have a right to exist.
Abbreviations are not allowed in the work book. After the HR employee’s signature, there must be the employee’s signature indicating his familiarization with the record
It should be noted that no abbreviations are allowed in the entry. For example, you cannot write the Labor Code of the Russian Federation, but you need to record the full name - Labor Code Russian Federation.
Issuance of required documents
The main document issued upon dismissal for any reason is the work book.
Quite a lot of other documents are issued along with the work book. The company is obliged to issue most of these additional certificates upon the employee’s first request. All these numerous papers can be divided into mandatory and other.
Required documents include:
- pay slip;
- income certificate in form 2-NDFL.
They are usually issued upon dismissal along with the work book. However, the employee may need other documents. And the entrepreneur cannot think about “whether the employee really needs them or not.” In order not to break the law, the employer must issue them.
The most frequently requested certificates include:
- income certificates for different periods work;
- reports on insurance deductions;
- certificate SZV-STAZH;
- extract from SZV-M;
- copies of orders on hiring, dismissal, transfers, advanced training, awards, promotions and others;
- medical book.
And the employee may also need other, less frequently requested, documents about his work history or participation in certain events (for example, in the liquidation of the Chernobyl accident).
Calculation of the dismissed person and issuance of payments
Upon dismissal, a full payment is made to the employee. Typical payments due to an employee upon dismissal include:
- wages for days worked in the last month before dismissal;
- compensation for unused days vacations;
- payments provided additionally in the employment contract at a specific enterprise upon dismissal of an employee;
- severance pay.
The provision on additional payments does not fit into the employment contract of all organizations in order to help the employee financially survive until he finds new job. When dismissal due to health reasons, such payments become especially relevant.
Severance pay is paid in case of dismissal for health reasons on the basis of Article 83 of the Labor Code of the Russian Federation. The calculation of severance pay is somewhat different from the calculation of wages and vacation pay. The initial data are the average daily salary and the number of hours worked. Last year days.
To determine the average daily earnings, the formula is used: SDZ = salary / OD. Salary here denotes the total salary for the last year worked, and OD is the number of days worked during this period.
The calculation of the severance pay itself is carried out according to the formula: VP = SDZ × RD. Here RD is the number of working days in the month following the month of dismissal.
Income tax is not withheld from severance pay that does not exceed three times the average salary (Article 217 of the Tax Code of the Russian Federation). For the regions of the Far North, six times the average monthly salary is accepted.
And also in case of dismissal for health reasons, a two-week allowance for disabled people is paid, the amount of which is calculated based on the average monthly salary.
It should be emphasized that the employer is required to make all payments on the day the employee is dismissed.
Responsibility of the employer if the employee continues to work when “impossible”
In general, an employer does not have the right to dismiss an employee solely on the basis that he is ill and can no longer perform his previous job for health reasons. In this case, the employer must provide the employee with feasible work. Failure to provide such work is punishable by law. Dismissal of an employee without offering him another job is possible only if, according to a medical report, he cannot perform any work at all. Typically, such circumstances arise when a person receives a disability of the first group.
However, there is another side to the coin. An employer does not have the right to keep an employee in a position that is contraindicated for him for health reasons, even if the employee asks to remain in this job. The employee’s assurance that he can fully cope with such work is not a sufficient basis in this case.
On the contrary, if a worker is left at a job that is not suitable for him on the basis of a medical report, the manager is held administratively liable. Based on Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation, such a “compassionate” head of an enterprise or individual entrepreneur is subject to a fine of 15 to 25 thousand rubles. An organization that has committed such a violation is subject to a more substantial fine in the amount of 110 to 130 thousand rubles.
Dismissing an employee for health reasons is a complex and responsible procedure. Compliance with the necessary conditions and procedure for terminating contractual relations with an employee dismissed for health reasons requires good knowledge of the legislative framework.
According to the results of periodic medical examination declared unfit to perform his own work;
as a result of illness or suffered permanent disability. In both cases, the state mismatch health performed must be documented (a medical report or MSEC certificate is submitted to the organization’s HR department).
After finding out the reason for the professional incompetence and consulting with the production doctor, the employee should be offered all available vacancies at the enterprise (including lower-paid ones) that are not harmful to him. health. A job offer (or its absence at the enterprise) is made in writing. This may be an act or a notice. It is important that the employee reads this document. He must express his desire (or unwillingness) to be employed unambiguously. The employee must make an entry in the act with his own hand. For example: “I refuse the proposed position...,” then you need to sign and date it.
Only if the employee refuses the available vacancies or there are none, he can be dismissed from the enterprise for condition health. An employment contract may be terminated:
on general grounds (clause 8 of Article 77 of the Labor Code of the Russian Federation) in connection with the transfer;
for reasons beyond the will of the parties (clause 5 of Article 83 of the Labor Code of the Russian Federation) in connection with the recognition of the employee as “completely incapable of work.” On the day of dismissal, the employee must be familiarized with the order, he must be given a work book and make a full payment . Upon dismissal due to any of the above, the employee is paid two weeks of severance pay.
Video on the topic
note
It is important to remember that dismissal under Article 83 of the Labor Code of the Russian Federation is possible only if the certificate states that the employee is “not capable of working.” Otherwise, if recommendations with a list of possible job functions are attached to the certificate, dismissal is carried out under Article 77 of the Labor Code of the Russian Federation.
If you disagree with the dismissal, it can be challenged in court.
Sources:
- Clerk. Dismissal due to health reasons
- dismissal due to health reasons
If you are an employer, then dismissing employee By condition health, be guided by the medical opinion issued by a clinical expert commission or a medical and social expert commission. Make sure that the EEC conclusion is certified by the seal of the medical institution. The transfer or dismissal will be considered illegal if there is no conclusion. Reasons why you might be fired employee By condition health, are explained in detail in the Labor Code of the Russian Federation.
Instructions
The employee refuses to be transferred to another job due to condition his health as recommended by the medical report. Refer to Part 2 of Art. 72 of the Labor Code of the Russian Federation, which states that employee who needs to be given another job, the employer is obliged, by consent, to transfer to another place of work. If the employee refuses the proposed transfer or your organization does not have the appropriate one, then you have the right to terminate the employment contract.
The employee does not correspond to the position or the one for which condition health according to medical. Establish the fact that the employee is not suitable for the job, mistakes made by the employee, or defects. If you decide to terminate the employment contract, you must provide evidence to confirm that the condition health employee, in accordance with the medical report, interferes with the performance of his duties. If an employee properly performs his duties, but suddenly it turns out that he needs to transfer to another job due to medical contraindications, then if he refuses to be transferred to another place of work that is not contraindicated for him condition health, or if there is no relevant work in your organization, you have the right to terminate the employment contract. A similar situation occurs when the work performed by a prospective employee is dangerous for the entire team or
All the basics that are associated with dismissal for health reasons are spelled out in the following provisions of the Labor Code:
A “limited health condition” that prevents an employee from performing his or her duties is determined by the health care provider, not the employer.
Therefore, before dismissing an employee, the employer needs to familiarize himself with a medical report stating that the employee has lost his health. The reasons for such a loss may be, for example, injury, chronic disease, harmful working conditions, etc.
There are 3 disability groups in the Russian Federation, which differ in the severity of the disease, as well as the employee’s working capacity. This:
- Group I – non-working, in which there is a complete loss of ability to work. Dismissal is carried out without working off under clause 5 of Art. 83 Labor Code of the Russian Federation;
- Group II – partial ability to work. Dismissal is made in two cases: transfer to another position is impossible, because there are no corresponding vacancies (clause 8 of Article 77 of the Labor Code of the Russian Federation) and the employee’s refusal to transfer to new position(Clause 8 of Article 77 of the Labor Code of the Russian Federation);
- Group III – ability to work under certain working conditions.
IMPORTANT! The employer does not have the right to make personnel decisions without a medical report from the KEK or MSEC, because such an action is illegal in the Russian Federation.
In what cases can you not be removed from your position?
An employer does not have the right to dismiss employees in the following cases:
Regarding the last point, there are a number of features that the employer must comply with so that there are no consequences.
Step-by-step algorithm of actions
When dismissing an employee due to disability, the following procedure must be followed:
Medical examination
These are therapeutic and preventive measures, which help to identify violations of the health status of workers and medical contraindications to work. The employer organizes and allocates funds for this event. The medical certificate is provided by the institution with which the employer has entered into an agreement.
IMPORTANT! To carry out this procedure, a health passport and a medical card for an outpatient client are issued.
Transfer proposal
The employer may offer positions that meet the requirements of a medical certificate. The application for transfer is made in writing, in duplicate. The translation is carried out within one enterprise.
Certificate of refusal to familiarize yourself with the proposed vacancies
IN in this case an act of refusal is drawn up, which is part of the document flow of any organization. The document is free-form, but must contain:
- date of drawing up the act;
- Full name and position of the component;
- Full name and position of the employee;
- Name and position of the witness;
- the reason for refusal to familiarize yourself with vacancies;
- paintings on both sides.
If the employee does not agree with the validity of the document
The document is drawn up by an employee of the HR department when an employee refuses to be transferred to another position. The company name is written at the top of this document, the presence of 3 people is required, indicating their full names. It is noted that the administration of the organization offered a transfer to another vacancy (to whom, position, number), but the employee refused. Below are signatures, names and date.
Order of suspension for a specified period
How to write this document correctly? For this it is important to know that it contains the following items:
- Name of the organization;
- the word "ORDER";
- date;
- Full name position and period of suspension from work;
- base;
- Full name, position and signature of the employer;
- Full name and signatures of persons familiar with the document.
Notice of termination of employment contract
Drawing up such a notice is a mandatory procedure for any employer. Arranged randomly. It is necessary to indicate the reason for drawing up, information about the persons between whom the agreement was concluded. The document is signed by the HR department employee and the dismissed employee.
It is drawn up in 2 copies: one is given to the employee, the second remains with the employer. This is proof of legal actions and helps prevent possible conflicts.
Order to terminate an employment contract due to poor health
This document is in written form and contains the following main points:
Application for dismissal due to health reasons
This statement is drawn up by the employee if he is not interested and I do not intend to transfer to another vacancy(clause 8, part 1, article 77 of the Labor Code of the Russian Federation).
- the word "Statement";
Entry in the work book
It is important to make the following entries:
- record number;
- date of;
- reason for termination of the employment contract (link to the conclusion of the medical commission and clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
- two signatures: the employer and the resigning employee;
- order registration data – date and number;
- signature of managers and wet seal of the enterprise.
The picture shows a sample entry in the work book about dismissal for health reasons:
What payments are provided?
(Article 178 of the Labor Code of the Russian Federation).
If an employee used his vacation in advance, then the amount of this amount is reduced. At the same time, it can be increased at the request of the manager for the achievements and contributions of the employee.
Employer's liability for dismissal for health reasons without a conclusion medical commission.
Article 5.27 of the Administrative Code
Attention! When dismissing for health reasons, it is important for both the employee and the employer to comply with all laws and procedures of this process so that problems do not arise in the future.
Russian legislation does not have a sample or specific actions when drawing up an application, but there are a number of points that are mandatory:
- address to the head of the company (full name and position);
- the word "Statement";
- a request for dismissal due to the deteriorating current state of health of the person, which does not allow him to work under the same conditions;
- a link to the MSK conclusion, which is attached to the application in the original version (the employee must keep a duplicate certified by a notary);
- date, signature and transcript of the person submitting the application.
What should be reflected in the work book?
It is important to make the following entries:
What payments are provided?
Upon dismissal due to health reasons the employee must be paid an amount not exceeding two weeks' earnings(Article 178 of the Labor Code of the Russian Federation). If an employee used his vacation in advance, then the amount of this amount is reduced. At the same time, it can be increased at the request of the manager for the achievements and contributions of the employee.
If an employee has “non-vacation leave,” he can use it or receive financial assistance.
Employer's liability
Article 5.27 of the Code of Administrative Offenses provides material liability employer, if he dismisses an employee without a medical examination:
- administrative fine – from 1 to 5 thousand rubles;
- fine up to 5 thousand rubles. or suspension of activities for 90 days (for individual entrepreneurs who have not registered their activities as a legal entity);
- a fine of 30-50 thousand rubles. for legal entities persons;
- disqualification for 1-3 years if the employer has already been subjected to a similar penalty.
Upon dismissal due to health reasons, It is important for both the employee and the employer to comply with all laws and procedures for this process so that problems do not arise in the future.
People leave companies not only for other organizations.
A resignation letter is written in case of conscription conscript service, when changing jobs, when moving to another city.
There is also a situation that requires dismissal for health reasons. In the Labor Code of the Russian Federation this situation is being discussed.
A record of dismissal is made in the employment document for the following reasons:
- in accordance with paragraph 8 of Art. 77;
- in accordance with paragraphs. and clause 3 of Art. 81;
- in accordance with paragraph 5 of Art. 83 Labor Code of the Russian Federation.
If a member labor collective resigns due to the inability to work in a new place due to transfer, since his health condition prevents this, a record is made of this with reference to the first reason.
If an employee is no longer suitable for his position due to health reasons, this is recorded in a record with reference to the second reason.
If the employee is completely unable to work, then dismissal is based on reason number three.
Each reason gives rise to a special approach to formalizing the fact of termination of the employment relationship.
Required documents
An employee’s oral statement about a significant deterioration in his health is not enough. It is necessary to confirm the facts with relevant documents.
It is worth listing the official papers that are taken into account by the HR department of the employing organization.
First of all, this is a properly executed medical report (clause 3 of Article 81 of the Labor Code).
It is also very important that this conclusion is communicated by the employee to management. If an employee decides to withhold health information in order not to lose his job, then the employer will not be able to be held liable for failure to comply with current legislation.
And one more significant point: if an employee who is required to undergo regular medical examinations evades examination, he can be pointed out for improper performance of job duties.
Based on the results of the examination, a conclusion is prepared containing specific recommendations regarding the employee’s professional suitability.
Order
Suggestions from doctors, presented on a special form, are not advisory, but mandatory for the organization in which the employee realizes himself as a professional.
The transfer, temporary suspension or dismissal of an employee in accordance with the above reasons must be formalized by order.
In this administrative document, it must be noted that we are talking about dismissal for health reasons, and also clearly state which of the above articles applies in this particular case. The person being dismissed should be familiarized with the document, asking him to sign and date it.
If the employee submitted a certificate of disability a week after it was established, then the order should be dated on the day the medical report was submitted.
It is impossible to terminate the employment relationship while the employee is on sick leave or on vacation.
Is it possible to dismiss at the initiative of the employer?
This question can only be answered positively in case of complete loss of ability to work.
Statement of this fact is the prerogative of the medical and social state examination (Order of the Ministry of Labor N 664n).
Based on the results of the work of the special commission, a certificate of disability is prepared for the person in the prescribed form.
If an employee who has completely lost his ability to work does not yet understand the full depth of the problem, then the initiative aimed at terminating the relationship comes from the employer.
In this case, pedantry in preparing documents is very important.
Proper documentation of the process is of particular importance not only for the employer, but also for the employee who subsequently expects to receive a disability pension.
Dismissal of a serviceman for health reasons
The procedure is carried out within the strict framework of Federal Law No. 53 and includes the following steps:
- medical examination;
- preparation of the conclusion of the military medical commission;
- dismissal for health reasons, compensation with payment of compensation.
In this case, the Military Military Commission may recognize a serviceman:
- unfit;
- limitedly fit for service.
Also important are the reasons due to which the state of health does not allow further service. Military injuries allow you to count on additional benefits upon dismissal.
Without an ITU certificate and certificate, you cannot count on compensation.
Receiving a salary in an envelope deprives a person of the right to receive compensation payments.