Voluntary dismissal due to health reasons

Life circumstances sometimes develop in such a way that illness forces an employee to leave his workplace. Health problems may be so severe that a person will no longer be able to work. In this case, you have to dismiss for health reasons. Employees are wondering whether they need to work off, whether there will be compensation, and how to file a resignation letter. The answers to these questions will be presented in this article.

Procedure for dismissal due to health reasons

• If an employee feels a deterioration in his health, he must consult a doctor and undergo all prescribed tests, as well as inform the employer about the current situation
• Everything that the boss does must be supported by relevant documents
• In the future, when the conclusion is received, the employer should carefully read the recommendations of the doctors and make a decision on the employee’s further work.

What should the employee do?

-The employee must monitor his health and undergo regular medical examinations, even if this is not required by the position

– if the condition worsens, consult a specialist

– upon receipt of the conclusion, it is obligatory to provide it to the employer no later than three days; if it is not handed over to work, then the company is not responsible for the employee

– based on the results of the research, the doctor must give an opinion and recommendations regarding further work

Do I need to work it out?

The laws of Russia related to labor activity contain information that an employee who leaves the workplace due to unsatisfactory condition has the right not to undergo two weeks of work.

If an employer puts pressure on an employee to work the “legal” two weeks, then the person being dismissed has the right to file a lawsuit against the boss in the courts. As a result, they will be paid a fine, all payments necessary for the employee, and possible compensation for moral (physical or moral) damage.

Letter of resignation due to health reasons

The application is written in free form addressed to the head of the organization, the name of the enterprise, the surname, first name, patronymic of the person being dismissed, the reason and the supporting document.

General Director of Mercury LLC

Shpak O.P.

Engineer Sidorov I.L.

Statement

I ask you to voluntarily dismiss me from my position due to health problems from 02/01/2017. I attach the conclusion of the medical commission.

01/28/2017 Sidorov I.L.

Can an employee be fired for medical reasons without his consent?

The list of reasons, in the presence of which the management of an organization can initiate the procedure for dismissing an employee, is prescribed in Art. 81 Labor Code of the Russian Federation. Among the proposed options, there is no such reason as the unsatisfactory state of health of the employee. However, despite this, dismissal is still possible.

Thus, if there are health problems with an employee, the employment contract may be terminated on one of the following grounds:

1. Clause 8, Part 1, Art. 77 Labor Code of the Russian Federation . According to the law, if one of the staff needs easier work (according to an official medical report), the employer is obliged to transfer him to another, more suitable position. Moreover, if the health problems are temporary (up to 4 months) , and the employee refuses to take the places offered to him, then the management of the enterprise must send him home while maintaining his job.
   However, if the transfer to another job must be made for a period of more than 4 months or on a permanent basis, then if the proposed options are rejected, the employer has every right to dismiss the employee.

   In addition, dismissal can also be made if there are no suitable vacancies in the organization.

2. Clause 10, Part 1, Art. 77 Labor Code of the Russian Federation . In this case, we are talking about circumstances beyond the control of the parties to the employment contract. It is possible to dismiss an employee on this basis only if he is officially recognized as completely disabled (Clause 5, Part 1, Article 83 of the Labor Code of the Russian Federation). In such a situation, the wishes of the employee or employer are not taken into account. A person who has serious health problems and is unable to continue to perform his job duties must, in any case, be dismissed.

Making an entry in the work book

The entry must be made with reference to the Law; at the end, the seal and signature of the responsible employee and the person being dismissed are affixed.

Procedure

The following is a step-by-step procedure on how to terminate an employee for medical reasons. When dismissing an employee due to unsatisfactory health, it is very important to take into account all the requirements and rules prescribed by labor legislation. Otherwise, the employer may face unpleasant consequences in the form of a fine, litigation, etc.

In general, the dismissal procedure on this basis will include the following main steps :

1. First of all, an employee who has health problems must provide the employer with an official medical report issued in accordance with the procedure prescribed in the order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441n.
2. After receiving a medical report, the management of the organization is obliged to offer the employee in writing all available vacant positions that he can occupy in accordance with his state of health.
3. If the employee is not satisfied with the proposed options, then he must write a written refusal, after which the procedure for terminating the employment contract can begin.
4. The head of the organization must issue an order to dismiss the relevant personnel and familiarize him with the text of the document for signature.
5. Next, the resigning person must be paid all amounts due by law (this point is discussed in more detail below in the text).
6. The final stage will be making an entry in the work book and issuing a complete package of documents to the employee leaving his position for health reasons. All this must be done on the last working day.

Employee Notification

As noted above, an important condition is to necessarily offer the employee other places that he could occupy without harming his health.

The employer must offer the employee a job suitable for his health in writing. The current legislation does not provide for the type of such document. As a rule, it is prepared in any form.

The content of the written notice to the employee must include the following main points:

1. “Head” of the document - information about the organization is written here (name, address, etc.), as well as personal information of the employee himself (full name, position, department in which he works).
2. Document registration data: date of registration in the outgoing correspondence journal and assigned number.
3. Title of the document – ​​the following wording is usually used: “offer to transfer to another job.”
4. Notifying the employee about the possibility of transferring him to another position in which he can continue working without harm to his health (with reference to the relevant norm of the Labor Code of the Russian Federation).
5. A list of vacant positions, one of which can be filled by an employee with health problems.
6. At the end of the document, the full name and signature of the head of the organization, as well as the employee himself, are placed (as a sign that he has read the text of the notification).

How to write an application?

If an employee with health problems does not want to move to the vacant positions offered, he must notify management about this in writing.

For this purpose, a written application is prepared, which must reflect the following information:

1. Introductory part - placed in the upper right corner of the A4 sheet. Here the full name of the manager and the name of the organization are written, as well as the full name, position and department in which the person who wishes to resign works.
2. Main part - in this section, the applicant must refer to the previously received notification (indicate its number and date) and report his refusal to transfer to the proposed jobs. At the same time, a note is also made here that the dismissed person is aware of the consequences provided for in Art. 77 Labor Code of the Russian Federation.
3. At the end of the application, the date of its preparation and signature are indicated.

Order

The next step is to prepare an order to dismiss the employee for health reasons.

The employer has the right to take the officially approved form of such a document (No. T-8) or use its own order template. Private companies are given the right to choose in this matter.

In general, the order to terminate an employment contract due to health problems of the employee contains the following information:

1. Full name, position and department in which the outgoing employee worked;
2. reference to the norm of law that is the basis for dismissal (in this case it will be clause 8, part 1, article 77 of the Labor Code of the Russian Federation);
3. a document serving as the basis for termination of the employment relationship (an employee’s written refusal to move to the proposed position or a medical report);
4. position and signature of the head of the enterprise, including its transcript;
5. a note from the employee himself that he has read the text of the order.

Calculation due to dismissal

If dismissed for health reasons, an employee may not work for two weeks, but he has every right to receive the due salary for the period of work, as well as compensation for vacation, if any has accumulated. For every full month there are two days of vacation.

Important!! The right to severance pay in the amount of average earnings for two weeks of work is also important.

To calculate compensation, you will need the average daily earnings, the number of days allotted and the amount of wages during work.

According to the law, payment must occur on the last working day. In the event that the employer refuses to pay compensation, the employee has every right to go to court. For violation of employee rights, administrative, material and criminal liability is provided, as well as compensation for moral damage.

Financial liability implies payment, in addition to compensation, of one three hundredth of the refinancing rate for each day of delay in this payment. As well as moral damage in monetary terms.

Administrative liability threatens a fine for a legal entity from 30,000-50,000 thousand and suspension from work for 90 days, for an official from 1000-5000 rubles.

A criminal measure of restraint is assumed for a purposeful illegal action against an employee when the employer purposefully evaded payment.

Grounds for dismissal

The reason for leaving work due to inadequate health can be either the initiative of the employee himself or the desire of the employer. It all depends on what the situation is and how dangerous it is for the employee and the people around him.

Often the employee himself wants to resign under the Labor Code, because the employer rarely independently carefully monitors his well-being and offers to leave. The Labor Code of the Russian Federation gives employees the right to resign at their own request due to their state of health.

It is important to know that the two-week work required by law is not required in the case of this type of dismissal.

The employer has the right to require the employee to indicate in the resignation letter the reason for dismissal, as well as to provide medical reports issued by an authorized commission.

Often, an employer thinks about how to fire an employee for health reasons, because an unhealthy worker can cause harm not only to himself in the process of work, but also to his colleagues. In fact, an employer has the right to fire an employee if there are good reasons for doing so.

There are three legal reasons why an employee can be fired:

1. A medical certificate according to which the employee is declared completely incompetent.
2. The specialist’s health status began to change for the worse, as a result of which he is unable to perform the functions that are presented in the job description of the sick employee. This must be confirmed by medical evidence.
3. The deterioration of an employee’s health can affect his further well-being, causing harm either to the employee himself or to the people around him.

Answers to common questions

Question No. 1: What are the consequences for an employer of continuing to work for an employee who is prohibited from working for medical reasons?

Answer: This is regarded as forced labor, which is prohibited by law; administrative liability is provided for this, namely a fine of 5 to 50 times the minimum wage.

Question No. 2: What should the employer do if he receives the commission’s conclusion on the employee’s future work?

Answer: Read carefully.
Find out whether the employee will be able to continue working, for how long his transfer to another job is required, or whether he is completely declared incompetent. Rate the quality of the article. Your opinion is important to us:

Subtleties and nuances

Article 77, Part 2 of the Labor Code of the Russian Federation contains information that if an employee is unable to continue to perform his job duties, the employer is obliged to offer him a place where he can fully perform his job functions.

The employee is required to notify his supervisor if his condition worsens. This action is legal. This is stated in Article 21 of the Labor Code of the Russian Federation.

If an employer, despite all medical testimony, continues an employment relationship with an employee whose health does not allow him to perform work, then this will be considered forced work. In this case, the boss who, after a medical examination with negative results, continued labor relations with a person unfit for work will be held responsible.

It is best to resolve disputes arising during the termination of an employment relationship on your own or ask for help from a professional from a legal agency. If the boss does not want to agree in any way with the requirements of the employee and the law with this type of dismissal, then legal proceedings will have to begin. The legislation of the Russian Federation protects the rights of the employee in almost any situation, so the likelihood of winning the case is extremely high.

Thus, every employee has the right to resign for health reasons. According to Russian labor law, he may not work for two weeks after writing the application. Often bosses underestimate the recommendations given as a result of a medical examination and allow employees to remain at work if they wish, and this is their main mistake. Actions of an employer that violate articles of the Labor Code of the Russian Federation are administratively punishable.

It is possible to fire a sick employee only in accordance with the norms and rules prescribed in Russian labor legislation.

Required documents

The basis for transfer or dismissal of an employee is the presence of an official medical document:

• a conclusion issued by MSEC, which will indicate the assignment of one of the disability groups to the citizen. This fact must be additionally confirmed by a certificate of disability;
• certificates from MSEC indicating the degree of disability of the citizen;
• rehabilitation programs if the citizen’s incapacity arose as a result of an accident while performing work duties or illness in connection with working conditions;
• conclusion from the treatment and prevention center, which is issued after passing a full medical examination.

If a person’s disability arose as a result of pregnancy, then a conclusion is required, issued at the antenatal clinic.

Read on topic: Unemployment benefits at the labor exchange after dismissal for health reasons

Payments and compensation upon dismissal of a disabled person

If the contract is terminated, the employer is obliged to pay the resigning employee in full. In the event that the procedure is carried out on his initiative, he is reimbursed for unused vacation days in the general manner. If the reason for termination of the employment relationship is the provisions of Art. 77 and 83 of the Labor Code of the Russian Federation, then the sick person is given benefits for the next 2 weeks.

On the last working day, a citizen is required to pay:

• Salary for the actual period of time worked;
• Compensation for vacation that he was unable to take;
• A special payment in the form of an average salary for 14 days.

Let's look at an example calculation:

First, the average income per working day is calculated by adding up all payments received for the previous year and dividing by the number of working days. The resulting number will need to be multiplied by fourteen. If an employee agrees to move to another job and it is paid with a lower salary, then he will be given his previous income next month. In a situation where health has been damaged at work, average earnings must be paid until they are finally restored.

Consider the case where a disabled person quits his job due to poor health. But he worked 11 days this month and has 28 days of vacation, which he did not have time to take off. Over the past year, they received a total of 540 thousand rubles. He worked for 245 days.

1. 540,000: 245 = 2204 rub. / day.
2. 11 days worked + 14 (salary for the next 2 weeks) + 28 (vacation pay) = 53 days.
3. 53 * 2204 = 116,812 rubles to be issued.

The calculation must be carried out no later than the date of payment of salaries for the current month.

Termination of a contract with a military personnel

A serviceman has the right to retire early, taking into account the relevant legislation of the Federal Law, which is called “On Military Service and Military Duties”.
In this case, the reason for dismissal must be confirmed by a medical report from a military medical examination, which indicates restrictions on further service in the army, but does not oblige the serviceman to dismissal, allowing him to perform military duty taking into account his health. During the dismissal of a serviceman who was injured while performing his duties, compensation is paid taking into account the current legislation of the Russian Federation . These include:

• Order of the Russian Federation “On the payment of bonuses to military employees for the effective and conscientious performance of their duties and annual monetary payments,” issued under number 993 and which came into force in January 2011;
• Federal Law “On monetary compensation for military personnel.”

Taking into account these regulations, the serviceman is required to make a monetary payment for the funds. In this case, compensation may consist of:

• one-time payment. Its amount is 2 average monthly salaries if the employee has served no more than 20 years, and 7 average monthly salaries if the employee has served for more than 20 years;
• cash benefits for the day corresponding to the date of dismissal from the list of full-time employees who are registered in the military unit;
• If you have more than 20 years of service, you are entitled to payment of clothing for a year after leaving service;
• bonuses for the impeccable performance of official duties that were assigned to the employee;
• monetary benefits, which are equal to the amount of one average monthly salary, if the employee held a military position.

Legislative regulation

The legal framework of the Russian Federation provides for different types of termination of labor cooperation due to the poor health of the employee:

Detection of employee health deterioration

A deterioration in an employee’s health should not be confused with temporary disability. If the latter is issued with a certificate of incapacity for work (sick leave), then the first concept is confirmed by a medical report, which is issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation “On approval of the Procedure...” dated May 2, 2012 No. 441n.

Information about an employee’s health may be obtained from the head of the organization in connection with his current illness or undergoing a medical commission (examination). By Order of the Ministry of Health and Social Development of the Russian Federation “On approval of the Lists...” of April 12, 2011 No. 302n, as well as Art. 213 of the Labor Code of the Russian Federation defines a list of works where periodic medical examinations are mandatory.

In the event of a detected deterioration in health, which is confirmed by a medical report or other document issued by medical and social examination bodies (Order of the Ministry of Labor of the Russian Federation dated January 29, 2014 No. 59n), the employee immediately informs his employer about this circumstance. This obligation is provided for in Art. 214 Labor Code of the Russian Federation. At those enterprises where medical examinations are mandatory, managers will automatically receive this information. After receiving the relevant information from the employee, the employer initiates a certain procedure, which we will discuss below.

Consequences

The employer must remember that the dismissal of an employee based on a medical report must be justified. The dismissal procedure is carried out in strict adherence to the procedure established by law in order to avoid negative consequences. If the procedure is carried out with violations, it will be considered illegal.

When an employee goes to court or the state labor inspectorate with a statement of claim, the employer may apply a measure of influence in the form of administrative liability. He is obliged to reinstate the employee if he was dismissed due to violations, and to pay him compensation, including for moral damage caused.

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