The legislators of the Labor Code of the Russian Federation have developed standards that employers must adhere to when dismissing disabled people. People with disabilities belong to a socially protected category of the population; Federal Law No. 181 protects their rights and interests; the state provides a number of privileges.
Disability is not a death sentence, and groups 2 and 3 are workers. A person can engage in any activity that he can do.
At your own request
Early termination of employment contracts at the initiative of employees is regulated by Article 80 of the Labor Code of the Russian Federation. Regardless of disability, the employee must obey the rules of work schedule and notify the employer of his resignation 2 weeks in advance. The law does not provide for such a measure in order to force someone to work at an enterprise. The production manager is given time to find a worthy replacement without damaging the organization.
But the state provided people with disabilities with a benefit - to quit without working off. In this case, everything depends on the atmosphere created in the team. If an employee with a disability considers it necessary not to inform the manager that he urgently needs to leave the company, no one has the right to prevent him. Especially when there are good reasons, going to college, illness of close relatives who need care, or pension benefits have increased so much that you don’t have to bother with work.
In any case, you have to:
- submit an application for signature to the boss, where he will write an order for the personnel department;
- register a document in personnel;
- if necessary, go with a walk-through sheet to the departments to collect signatures that confirm the absence of material debts and other obligations;
- wait for an order;
- receive a calculation from the accounting department, money from the cash register or on a salary card;
- pick up your work book.
Important! There are no separate legislative standards for disabled people, and if health has deteriorated, the disability group has been changed, the employment contract can be terminated under special circumstances in accordance with Article 83 of the Labor Code of the Russian Federation.
The provisions in this standard provide for the termination of undertaken obligations ahead of schedule, without working out or prior notice. It is enough to present a medical report as evidence.
Payments
When leaving the workplace, a disabled citizen expects cash payments. To receive severance pay, the subject must remember that it is assigned only in the event of dismissal due to disability.
Information
The employer may ask you to write a letter of resignation of your own free will. Such a step will result in the cash benefit not being paid. The basis for awarding compensation is care due to disability.
Mandatory payment is made in accordance with Article 178 of the Labor Code. It is equal to the sum of the subject’s average salary for two weeks.
To calculate its size:
- all wages for the year before the onset of disability are added up;
- divided by the number of days worked;
- the resulting average daily income is multiplied by 14.
When calculating earnings, the following are not taken into account:
- payments in connection with a business trip;
- sick leave payments;
- payments made as material support.
In addition, a disabled employee must receive:
- wages for the period worked;
- vacation pay, if it was not paid earlier during this period;
- sick leave benefit.
Attention
Careful study of the collective agreement may help you obtain additional compensation payments upon dismissal.
Is it possible to fire a person with disabilities?
Disability is not a panacea for dismissal.
The Labor Code of the Russian Federation, Article 81, applies to everyone without exception; according to the norms of the legal act, a manager can dismiss hired personnel if:
- the organization is ready for liquidation and ceases its activities;
- there is no means to maintain a large staff, urgent reduction is necessary;
- the employee has not passed certification, which does not allow him to occupy a certain position;
- there was a change in the owner of the enterprise, the owner decided to replace the main specialists;
- the presence of multiple disciplinary sanctions indicates the person’s inability to perform job duties;
- gross violations of work ethics were recorded - absenteeism, addiction to alcohol, disclosure of industrial secrets, material theft or embezzlement of funds;
- in an educational institution, a teacher or educator has committed an immoral offense.
According to the law, when trust in an employee is lost, various actions are taken that prove his guilt in accordance with clause 1, clause 7, clause 8 of Art. 81 of the Labor Code of the Russian Federation, dismissal can be made within a year; the validity period of the norm is calculated from the day when unlawful acts are discovered.
For health
The Labor Code has Article 77, paragraph 8, part 1, which allows you to dismiss an employee for health reasons when he asks to be transferred to another position, but there are no vacancies and the employee cannot work in his previous place.
Reference! The legislative norm states that the employer must offer a job regardless of qualifications, pay, or a position lower than the one previously occupied, as long as the conditions are suitable for the employee’s health. Who can refuse the offer, but in writing.
At the initiative of the employer
If the level of duties performed does not correspond to the position, regardless of health and disability, the manager cannot keep the person out of pity. When employees do not pass recertification, they are subject to dismissal on a general basis. An underqualified employee may be offered a position based on experience and knowledge if there is a vacancy. He has the right to accept or refuse the offer.
When staffing is reduced, disabled people have priority over the rest of the contingent, especially if health damage is caused in this production. The last to be laid off are mothers, guardians of adults and children of disabled people. If an enterprise liquidates its activities, no benefits apply; the entire staff is subject to dismissal.
All employees, without exception, at enterprises of any organizational and legal form, are required by the legal acts of the Labor Code of the Russian Federation and employers to observe discipline. Violators are dismissed in accordance with the usual regulations, according to the relevant article.
How to dismiss by agreement of the parties
The most acceptable solution when leaving a job, if the employment contract has not expired, is to peacefully resolve the issue with your superiors. Despite the fact that Article 78 of the Labor Code of the Russian Federation allows for termination of employment relationships by mutual agreement.
The legal norm is quite laconic; it is written that the contract can be terminated at any time, without describing the actions. The Civil Code of the Russian Federation in Article 452 also does not provide additional explanations; it emphasizes that the agreement can be terminated in the same manner in which the conclusion was made.
At enterprises, everyone interprets the norm in their own way. Usually, the employer and employee agree among themselves at what time it will be more convenient for both parties to separate, and they formalize the dismissal under Article 77, paragraph 1, since the process is not described in Art. 78.
Dismissal by agreement of the parties is not disputed in court, but has its advantages:
- there is no mandatory service;
- applying for another job, if there is a lucrative offer;
- receiving benefits from the employment service.
There are no strict restrictions in this method of terminating an employment agreement, as to who should be the initiator. The employee submits a resignation letter, where he must refer to Art. 78 or 77 clause 1.
Other grounds
Legal regulation of the basic principles in labor relations is carried out by Article 2 of the Labor Code of the Russian Federation.
Article 83 regulates the termination of contracts due to special circumstances when the court makes a decision regarding:
- incapacity;
- imprisonment for a crime committed;
- of death;
- termination of the license, rights to drive a vehicle;
- disqualification;
- prohibition to engage in certain activities.
Article 71 states that the employer has the right to terminate the contract with the employee if he does not pass the qualification tests. Management is obliged to notify the person being dismissed 3 days in advance and indicate the reasons. The decision is subject to appeal in court.
Notice of dismissal must be received at the end of the employment agreement in accordance with Article 79. If there is no notification, the activity may continue. When employment involves temporary replacement of the main employee, the latter’s departure automatically terminates the contract with the deputy.
Entry in the work book
The dismissal of an employee who has received a disability group is accompanied by an entry in the work book corresponding to the reason for termination of the contract. In this case, it is necessary to indicate on the basis of what legal norm the dismissal procedure was carried out. When terminating an employment relationship for medical reasons, the reason and grounds for dismissal are:
- In complete disability of the subject.
- Compliance with clause 5 of part 1 of article 83 of the Labor Code of the Russian Federation.
This formulation is dictated by the Labor Code of the Russian Federation. It cannot be replaced by “professional unsuitability” or “inadequacy for the position for medical reasons.”
Important
A discrepancy between the entry in the work book and the true reason for dismissal entails the imposition of an administrative fine on the employer. Therefore, it is necessary to check the Classifications of the Ministry of Health according to the disability group assigned to the citizen and the degree of his ability to work.
Dismissal upon retirement due to disability
Disability is divided into groups depending on health status. When dismissing an employee, the employer must be based on the requirements of the law and working conditions:
- Disabled people with group 1 disabilities can work at an enterprise if it is possible to create the necessary working conditions or are allowed to work at home remotely. For example, an accountant or a developer of engineering technologies.
- Limited capabilities with group 2 also require special conditions at work. If work involves mental rather than physical stress, people work with reduced working hours, 2 months of administrative leave, and are fired in accordance with the Labor Code.
- With disability group 3, workers are not required to work night shifts and are not particularly overworked.
Attention! Whatever the degree of disability, no one is exempt from complying with disciplinary standards; people who violate production procedures without good reason are subject to dismissal.
Degrees of working ability of persons with disabilities
A disability group is assigned to an employee based on the conclusion of the ITU. In addition to the group conclusion, a special rehabilitation program is developed for the person.
| Disability group | Health status | Employer's actions |
| I | Complete loss of ability to work | Termination of the contract |
| II | Partial loss requiring additional conditions | Transfer to work required for health reasons or dismissal |
| III | State of health allowing the ability to work | Providing a job with additional conditions or dismissal |
An individual rehabilitation program (IRP) or habilitation program (IPRA, issued from 2021) determines the degree of disability. Based on the IPRA, the employer receives information about the required working conditions in case of partial disability of groups 2 and 3, about the need for transfer or termination of the contract.
According to the lawyer, disability, with the exception of permanent disability, requires regular confirmation. Restrictions on working conditions may be revised by MSEC.
Lawyer, T.N. Magera
For more information about the rights, benefits and payments for disabled people, see the specialized resource: → Benefits and payments for disabled people of groups 1, 2, 3.
What payments are due to disabled people upon dismissal?
Each employee, regardless of health status and who initiates the termination of employment contracts, will receive upon dismissal:
- wages;
- compensation for unused vacation;
- bonuses, additional payments and remuneration, if such is provided at the enterprise.
The employer is responsible for late payment, which must occur on the last working day.
Practice and theory
Working disabled people of group 2 are not uncommon in our society. What should a company manager know in order to resolve the issue correctly?
In practice, many entrepreneurs are afraid to work with people with disabilities. It is known that the law requires special jobs for such people, providing them with benefits, payments, and additional vacation days. But what happens in reality? Many disabled people are so in need of money (and it is impossible to live on government payments) that they are ready to agree to any job where they can be hired, without regard to the conditions and preferences provided by law - as long as there is at least some kind of salary. And such specialists often work better, better, and more productive than ordinary personnel, since they are interested in maintaining their position. And yet, sooner or later, almost any employer is faced with the need to calculate severance pay when dismissing a group 2 disabled person, as the person leaves his job.
What to do if you were fired illegally
The procedure for challenging dismissal consists of a certain procedure:
- the plaintiff collects evidence of the employer’s guilt;
- fills out and submits a statement of claim to the district court;
- the claim is accepted for processing;
- schedule a preliminary hearing;
- a proposal is received to sign a settlement agreement;
- a hearing is scheduled;
- a court verdict is rendered.
An example is the consideration of a case in the Krasnodar District Court. Citizen Suzdaleva filed a lawsuit against the municipal department in order to achieve:
- recognition of certification results as illegal;
- cancellation of the order;
- reinstatement at work;
- payments for forced absence;
- compensation for moral damage and legal expenses.
The court satisfied the claims.
The procedure for the dismissal procedure
It is possible to accurately answer the question of whether a disabled person of group 2 has the right to dismiss from work only by knowing which category he belongs to. If an employee has received disabled status, he needs to collect papers confirming permission to work in his previous position, or, conversely, confirming the inadmissibility of this action. If the patient was classified as a non-working group, the employer is forced to resort to dismissal, in which case a number of papers are drawn up. This issue is regulated by the Constitution, federal laws and the Labor Code.
Article of the Labor Code
The relationship between an employer and an employee with disabled status, like others, is regulated by the Labor Code. Violation of the points specified in it gives the director of the organization the right to say goodbye to a disabled person even without his consent. Dismissal of a disabled person of group 2 is possible in case of violation of the following points prescribed in Article 81 of the Labor Code:
- theft in the workplace;
- being in a state of alcoholic intoxication during working hours;
- regular absenteeism;
- immoral and illegal behavior;
- failure to pass certification;
- disclosure of secrets and personal data of employees.
Government authorities protect people with partial or complete disabilities, so an employer is not entitled to fire such a person without significant violations on the part of the employee. However, if desired, the patient can always change his place of work or stop working.
How can a disabled person challenge illegal layoffs?
When the rights of a disabled person are violated by the administration of an enterprise, it is advisable to contact the competent authorities for their restoration.
State Labor Inspectorate
Failure to comply with labor laws is a reason to contact the labor inspectorate with a complaint. The citizen does this in person or issues a power of attorney to the representative.
In the application, the dismissed employee provides information about himself, the employer, and sets out in detail the essence of the claims. If the employer confirms guilt, he attaches documents to the application.
The Labor Inspectorate inspects the company and, based on its results, makes a decision:
- eliminate identified deficiencies;
- bring the manager to administrative responsibility;
- suspend the operation of the company, as well as divisions and branches;
- remove officials from work;
- send materials to the court or prosecutor's office.
Dismissal of a part-time worker
Part-time work can be with one employer, where the employee has his main place of work, and at another enterprise with the conclusion of a second employment contract. In any case, each manager has the right to dismiss a part-time employee due to his disability.
In connection with the reduction of a part-time worker, the employer pays all payments due to the disabled person in accordance with Article 82 Part 2 of the Labor Code of the Russian Federation.
An employee who has received group 2 disability for medical reasons, upon termination of employment agreements with the employer, is protected by the legislation of the Russian Federation. Upon dismissal, he receives the material compensation due to him under the Law from production. Further financial support for the disabled person is taken over by the state.
Can parents of a disabled child be fired?
Dismissal of the mother or father of a disabled child under the age of 18 at the initiative of the employer in accordance with Article 261 of the Labor Code of the Russian Federation is prohibited, except in cases where there are grounds provided for:
- Clause 1, Part 1, Art. 81 of the Labor Code of the Russian Federation - liquidation or termination of the activities of an enterprise;
- Clause 5, Part 1, Art. 81 of the Labor Code of the Russian Federation – repeated violation of labor discipline;
- Clause 6, Part 1, Art. 81 of the Labor Code of the Russian Federation - absenteeism, alcohol intoxication, theft, disclosure of secrets, etc.;
- Clause 7, Part 1, Art. 81 of the Labor Code of the Russian Federation – loss of trust (for persons servicing valuables);
- Clause 8, Part 1, Art. 81 of the Labor Code of the Russian Federation – committing an immoral offense (for teachers, etc.);
- Clause 10, Part 1, Art. 81 of the Labor Code of the Russian Federation - a one-time gross violation, if the parent is a manager;
- Clause 11, part 1, art. 81 of the Labor Code of the Russian Federation – provision of false documents when applying for a job.
But the ban on dismissal applies only to the mother of a disabled child (not necessarily single mothers), as well as to the father only if there is no mother and the child is dependent on the father. Such benefits do not apply to the father of a disabled person in a complete family.
Papers are important!
In any of the listed cases, it is absolutely important to formalize the dismissal of a group 2 disabled person correctly. If the labor inspectorate comes, it is guaranteed to be interested in this sensitive issue and will double-check all the employer’s actions regarding an employee with disabilities. To protect yourself from fines and problems, you need to establish document flow in the HR department.
It must be said that employing disabled people from the very beginning is not an easy task, so many entrepreneurs try not to contact such workers at all. And in vain, because by doing so they deprive themselves of the opportunity to receive preferences and benefits from the state. The more people with disabilities are employed by the company, the greater the benefit. In general, benefits for disabled personnel are much less than the benefits that the government gives to the employer who provides these people with jobs.
Order of dismissal
An order for the dismissal of a disabled person is drawn up by the head of the enterprise using the standard T-8 form and contains the following mandatory points:
- Name of the organization;
- personal data of the employee and his position;
- codes;
- reasons for dismissal, medical report of the IEC;
- end date of employment;
- date of order, signatures with transcripts.
Based on a voluntary application submitted in his name by an employee or a notice of dismissal at the initiative of the employer signed by a disabled person, an order is printed. The fact of familiarization with the order must be recorded with the signature of the dismissed employee.
