Labor Code of the Russian Federation provides for dismissal asemployee health for various reasons. It can be carried out according to the results of the next medical examination. A person is dismissed if he is recognized as completely incapable of work, or a partial loss of ability to perform work duties incompatible with his position. The conclusion about the ability to work in certain conditions gives a certain medical commission.
Grounds for dismissal
An employee may be dismissed if:
- medical board recognized him as disabled;
- in accordance with her opinion, he needs to be transferred to another job for a period of more than 4 months, including a permanent transfer, but has refused it;
- The employer cannot provide easier types of work.
Medical report
It is compiled by MSEC or KEC during the examinationcertain employee. Dismissal of an employee is carried out if their conclusion reflects that he cannot continue to work.
In the economic entity, where he performs the latter, send a document in which information about the state of health of the employee and the causes of disability.
The MSEC concludes:
- percentage of disability;
- the time interval at which it is set.
After passing the last individual,who worked in a certain business entity, again passes a medical examination, which can remove the previously established percentage of work capacity, either confirms the presence of permanent disability, or increases its percentage when the state of health deteriorates.
During the examination appointedcertain disability group. The third is considered working. In the second group, the employee may be involved in light work. The first group is non-working.
KEK determines the overall health of the employee and establishes cases of his transfer to easier work.
If the employee is dismissed for health reasons without a conclusion from these commissions, it is considered illegal.
If medical boards give a positive decision abouttransferring a person to a lighter job, but he does not give his consent to such an action, his workplace remains for 4 months, and the salary is not saved.
If the restrictions on working capacity are not removed after this period of time has expired, in accordance with the Labor Code of the Russian Federation, dismissal due to health conditions will take place.
Transfer
The medical board can make a conclusion about the incomplete disability of the employee, and the possibility of his transfer to an easier job.
It is carried out on the following grounds:
- pregnancy;
- occupational diseases;
- common illnesses;
- transferred operations;
- injuries received.
If the employer has vacancies that are suitable for the employee to whom the medical certificate has been issued, and the consent of this person, he is transferred to a new job.
Translation to another job is made on the basis of the following documents:
- made entries in the workbook, made after receipt of subsequent documents;
- medical conclusions, which indicate the need for such a translation;
- Employee statements of consent for such implementation;
- On the basis of the last two documents, a transfer order is issued, after reviewing which the employee must sign.
The following points should be taken into account:
- if during the transfer from the employeethe percentage of loss of working capacity has not been established, then the average earnings for him remain at a decrease in income until this percentage is set by the appropriate medical board;
- within a month after the transfer, with the deterioration of the terms of payment for the employee, the previous average monthly salary is maintained;
- if pregnant women are transferred to easy work, then the average salary remains with them for the entire duration of the pregnancy.
The employee is granted compensation for dismissal for health reasons in the amount of a two-week salary.
After the expiry of the period for which the individual was transferred to a lighter work, and non-renewal by his medical commission, he should be returned to the previous place of employment.
Moreover, if the employee provides a written statement that he is satisfied with the current position, the position to which he was transferred becomes permanent.
Is it possible to dismiss for absenteeism with the appropriate state of health?
If the employee has a medical certificatethat at the time of non-attendance of work he was disabled and if he was dismissed at that moment, this dismissal would be declared illegal. The employee is reinstated to perform work duties in the business entity where he performed them until the moment of dismissal.
In some cases, employers mayreinstate the disabled employee and immediately fire him for health reasons. For an individual, these are two big differences, since the latter does not imply the guilt of the worker.
Option care on their own
В случае если сотрудник не хочет быть уволенным for reasons of health, he can file a letter of resignation on his own will. The employment contract with him can be terminated on the same day if there is a medical conclusion confirming that he cannot fulfill the duties assigned to him. If the state of health allows him to perform labor functions, then the dismissal may take place in 2 weeks.
The concept of dismissal from military service
In this case, not only federal legislation is applied, but also the statutes of military personnel.
According to them, the dismissal of the military can occur at the exit to the reserve, the resignation or the establishment of a criminal case, and it can also be unconditional.
When a soldier is dismissed ashealth medical conclusion obtained from the IHC. The basis for the process becomes the exit to the stock. If the soldier is declared completely unfit for military service, the dismissal becomes unconditional.
The same basis is used when contract employees are dismissed due to their health status in relation to ranks up to senior officers, including the latter.
A petition for an IHC must be filed by a sick military officer or the commander of a military unit in which the latter is serving.
Categories of military fitness
VVK determines the possibility of passing militaryservices by setting certain categories. There are a total of 5. Category A recognizes a person as fully fit for military service, and D - completely unfit for its implementation. When the commission makes the latter category, dismissal from military service for health reasons must be accompanied by a report.
In the case of the categories “limitedsuitable "soldier offered another position, but if he does not agree with her, he can write a report on the dismissal, which indicate the disease or injury that were established IHC.
Management response to the report should follow within a month.
Procedure for military personnel
The dismissal of the military for health reasons is carried out in the following order:
- an order is drawn up with which the employee is acquainted under the signature; if the dismissed military refuses to familiarize, the relevant act must be drawn up;
- calculation-note and personal card is filled;
- copies of documents are made;
- accrued legal payments;
- records of the dismissal with an indication of the reason (recognition of unfitness for military service or limited suitability) are recorded in the employment record.
On the last day of military service, documents are handed out.
Payments to servicemen for dismissal for health reasons
При подобном увольнении военный должен получить full payment for the hours worked according to the position held. He is compensated for unrepaid vacation or is granted the last until full settlement.
Also military one-time compensation is paid. At the same time, if a disability is established on the IHC, which was not obtained during the service, they will be:
- 5 salaries with a service life of up to 10 years;
- 10-15 - more than 10 years;
- 15 - more than 20 years;
- when awarding the dismissed with medals and orders, the amount of payments is increased by one salary.
If the disability was obtained during service, then the military is paid a fixed compensation in the amount of 2 million rubles.
In addition, the state pays bonus in the amount of 25% of the average monthly income.
During the year, when dismissing for health reasons, payments continue and make up the average monthly salary.
Financial assistance can be provided within a year after the dismissal.
Privileges of the military, dismissed on the grounds
After the dismissal, these categories of citizens have the following rights:
- by 50-85% increased pension;
- obtaining vacancies in the employment service out of turn not only for them, but also for their family members
- ask for retraining for such civil positions, which allows you to take a state of health;
- apply for housing with a service life of more than 10 years.
Finally
Dismissal due to healthBased on the conclusion of a certain medical commission. An employee can be transferred to a lighter job if this is provided for by this document and the employer has vacancies or is dismissed from it with an indication of the reason in the order and employment record. Both civilian and military personnel are provided with certain compensation payments. To the greatest extent they are the last. Also, the former military have advantages over the rest of the workers when applying for civilian specialties in certain economic entities in which staff reductions are carried out.
