Sample letter of resignation for health reasons

Health is the most valuable thing we have and we need to look after it and take care of it, but anything can happen and sometimes health fails, but we all work, we all have a profession that some have been doing all their lives or half their lives, and there is such a thing as dismissal state of health, that is, when the employee’s health does not allow him to occupy a particular position. Of course, there are jobs that require ideal health, but this is not the case in all positions, and today we will talk about whether dismissal from a position due to health reasons is possible.

Legal basis

There are several legal documents according to which they can dismiss for health reasons (if an employee is unable to perform his duties due to illness):

• Constitution of the Russian Federation;
• Code of Administrative Offences;
• Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004;
• Labor Code of the Russian Federation (Articles 4, , , , , 137, 178, 182, 185, 213, 214, 254, 261);
• Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens from 1993, etc.

What to do if the money is not given?

According to Art. 140 of the Labor Code of the Russian Federation, payment must be made on the day of dismissal. If this does not happen, you can:

1. Contact your former boss with a complaint.
2. Complain to the labor inspectorate or the prosecutor's office.
3. File a lawsuit.

Let us note that all appeals are mostly effective in practice. Although anything can happen.

When dismissal due to health reasons, it is important to know how to properly document it. We also advise you to read about the termination of an employment contract for health reasons with a military personnel and the payments due to him, as well as about the peculiarities of dismissal of employees of the Ministry of Internal Affairs.

Significant reasons for dismissal

How to resign for health reasons? Let me explain. The basis for dismissal of a victim due to health reasons is the expert opinion of one of the special commissions:

1. Clinical Expert Commission (CEC), which issues an opinion on the employee’s health status and recommends conditions for continuing his work activity.
2. A medical and social expert commission (MSEC), which decides whether the patient is still able to work or whether he needs to give up work (full or partial recognition of a person as disabled).

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.

Procedure and features of the dismissal procedure

In the labor legislation of the Russian Federation, there is a procedure for dismissing an employee due to the presence of physical limitations. The main basis is a medical report. This is where the process of severing labor relations begins. Such a document must be issued by a clinical expert or medical-social commission, which indicates the reason for the disability: the name of the disease, injury or mutilation.

This is also important to know:
Notice of job reduction: sample, procedure for drawing up the document

Only a clinical expert or medical-social commission can accurately show how possible it is for an employee to continue to fulfill his duties. This document is the basis for issuing a disabled rehabilitation card. It is the MSEC that makes a decision on the extent to which the employee’s further work is possible, in particular, the disability group is established.

Disability has three degrees:

• Third disability group (working).
• Second disability group (total disability).
• The first group (loss of ability to work and need for care).

As for the procedure for dismissal due to health conditions, the Labor Code of the Russian Federation states that it can only be carried out if, for medical reasons, this work activity is contraindicated due to the probable danger to the health of the employee and surrounding people.

The procedure for terminating an employment contract for medical reasons is based on the following reasons:

• Employee refusal to change position.
• The company does not have a suitable vacancy that matches the physical condition of the employee.
• Determination of total disability by the relevant medical commission.

An exception (the case when it is impossible to fire) is when the employee is on sick leave. However, the employment relationship can also be terminated in this case if the enterprise is subject to liquidation.

Dismissal from work for medical reasons

Current labor legislation regulates various aspects related to hiring, the procedure for carrying out labor activities and the dismissal of employees. Thus, the grounds for termination of the contract between the employee and the employer are established by Chapter 13 of the Labor Code (Articles 77-84).

Among other things, dismissal for health reasons should be highlighted here. It occurs in cases where an employee, due to the occurrence of a disease that does not allow him to perform the duties provided for in the employment agreement, cannot continue to work at his previous place of business.

It should be noted that termination of the contract in this case is not the initiative of the employee himself. Dismissal at will is a separate basis for termination of an employment contract and does not require any additional conditions.

In addition, interruption of a working relationship with an employee due to his illness cannot be solely the initiative of the employer. A medical certificate is required for dismissal on this basis. The employer does not have the qualifications and special knowledge regarding medical contraindications for the performance of this or that activity by its employees.

Reference! Dismissal for health reasons without a medical specialist’s opinion, as well as coercion to terminate an employment contract at one’s own request due to the employee’s illness, is a gross violation of current legislation, for which administrative and, in some cases, criminal liability is provided.

It should be noted that it is not always possible for an employee who has certain health problems to report this to his management, so as not to lose a position that is profitable for him. In order to promptly identify employees for whom their current work is contraindicated, the employer is obliged to provide conditions for undergoing scheduled inspections.

It is also useful to read: Dismissal of a pregnant woman

Documents required for dismissal due to health

To comply with all legal requirements governing dismissal for health reasons, the following documents are required:

• conclusions of the medical commission;
• notifying the victim about the absence or availability of a suitable position in the state;
• employee refusal to transfer to another job;
• notification of the employee about dismissal (with his note of receipt);
• employee's resignation letter;
• an order to terminate the employment contract indicating the relevant legal basis.

You can dismiss an employee for health reasons only if you comply with all the rules and regulations provided by law. In order not to bring the matter to trial, the employer is obliged to understand all the intricacies of this process. The main mistakes of the employer usually come down to incorrect assessment of the recommendations of the medical board (if the period of suspension from work is specified as less than 4 months) and failure to comply with the procedure for dismissing the employee.

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.

And also, in addition to the examination, the attending physician can convey his recommendations on the patient’s employment.

However, exclusively the medical, social and clinical expert commissions have the right to draw conclusions about the degree of the employee’s ability to fulfill their 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.

Procedure

The dismissal of an employee for health reasons is carried out as soon as possible and can be carried out at the initiative of either party. If the initiator is an employee, then this requires:

• Contact a medical facility if you have any alarming symptoms. After a complete examination, passing the necessary tests and identifying a disease that may interfere with further work activity, the doctor sends the patient to undergo a medical commission;
• After reviewing all the documents, members of the KEK or MSEC commission make a final decision on the citizen’s ability to carry out further work activities. The employee’s further actions will depend on the commission’s conclusion;
• the citizen is obliged to provide the commission’s conclusion to the head of the organization as soon as possible, who in turn is obliged to temporarily suspend the person from fulfilling official obligations. If a person has completely lost his ability to work, the employer is obliged to immediately carry out the dismissal procedure. If a citizen is recognized as partially incapacitated, then the boss should select from the available vacancies that will fully comply with all the requirements of the medical report;
• Next, the manager needs to notify the employee in writing about the available vacancy. Refusal, consent or unwillingness to familiarize yourself must be recorded in writing;
• if a person agrees to the proposed position, then the boss needs to issue an order for the transfer. In case of refusal, the employee may draw up a letter of resignation, which will serve as the basis for issuing an appropriate order.

This is important to know: Dismissal of a civil servant due to staff reduction

On the last day, a full payment must be made to the employee and a work book must be issued.

Employer actions: notification, transfer or dismissal of an employee

The administration of the enterprise notifies the citizen about the availability of vacancies that may suit his health. The notification is drawn up in any form, but must contain information about familiarization by the employee. Let us note that the employer is obliged to offer even lower-ranking and lower-paid vacancies (Part 3 of Article 81 of the Labor Code of the Russian Federation). If an employee accepts an offer for another position, he sends written consent to the manager, on the basis of which the employee is transferred to another position (Part 1 of Article 73 of the Labor Code of the Russian Federation). Next, the employer should strictly observe all the nuances of interaction with an employee whose health condition has deteriorated during to such an extent that he cannot continue to work in his position. The deadlines for performing this or that action are not established by law, so they must be carried out within reasonable limits and without delay. The procedure will be as follows:

1. If a citizen refuses a transfer or the organization cannot offer him another vacancy, the following options are possible:
   Provided that recovery of health is expected within 4 months, the employer simply removes the employee from work. Then the position remains with the employee, but he will not receive a salary during the suspension (Part 2 of Article 73 of the Labor Code of the Russian Federation). If we are talking about positions such as the head of an enterprise, his deputies and the chief accountant, then removal is possible for a period determined by agreement of the parties.
2. If medical forecasts do not imply recovery, then the enterprise may terminate the contract with the person on the basis of clause 8, part 1, art. 77 of the Labor Code of the Russian Federation (Part 3 of Article 73 of the Labor Code of the Russian Federation).
3. When an employee completely loses the ability to work and this is confirmed by a medical report, the employer is obliged to terminate the employment relationship due to circumstances beyond the control of the parties (Clause 5, Part 1, Article 83 of the Labor Code of the Russian Federation).

Required payments and compensations

The legislator, in the norms of the Labor Code of the Russian Federation, provides for a number of guarantees and payments that are due to a person with a disease. At the same time, an important point is that compensation is possible only if the dismissal is initiated by the employer or by mutual agreement of the parties. For example, if an employee is diagnosed with diabetes and he can no longer hold his position, refuses another and wants to terminate the contract, there will be no compensation. The most common forms of assistance are:

1. The severance pay, which, as previously mentioned, is equal to two weeks’ earnings.
2. When an employee is transferred to a position with a lower salary, within 1 month he has the right to receive the same amount.
3. Payment for unused vacation that was legally required by the employee.
4. Additional surcharge options are often established at the enterprise level. For example, sometimes one-time assistance is provided for pensioners, and funds can also be awarded for people with illnesses.

List and calculation of payments upon dismissal for health reasons

The employer is obliged to make a full settlement with the employee. If the dismissal of an employee is carried out solely at his request, he receives only compensation for unused vacation, i.e. on a general basis.

As a result of dismissal carried out under Art. 83 of the Labor Code of the Russian Federation, part 1, clause 5, or according to Article 77 of the Labor Code of the Russian Federation, part 1, clause 8, a disabled person is paid a two-week severance pay.

Example of calculating severance pay

First you need to calculate the average daily earnings: all payments issued in hand over the last year must be added up, the resulting amount divided by 365. Now this number is multiplied by 14 days. If an employee agrees to transfer to another position and it is less paid, he is paid the previous salary in the next month.

Let's say our employee quits due to health reasons, and he managed to work 11 days this month, plus he also has unused 28 days of vacation. The total salary for the past year, taking into account allowances and bonuses, is 540,000 rubles, and the number of working days is 245.

1. 540,000 rubles / 245 days = 2,204 rubles per day worked.
2. 11 days worked + 14 days (average earnings for the next two weeks) + 28 days (unused vacation) = 53 days.
3. 53 days * 2204 rubles = 116,812 - final payment amount.

The deadline for completing the calculation is no later than the day of payment of wages for this month.

How to confirm that your health condition is unsuitable for your job

The grounds for transfer or dismissal are official medical documents:

• conclusion of a medical and social examination, according to which the employee is assigned a disability and his ability to work is limited, a certificate of disability.
• certificate of the degree of loss of professional ability to work (also based on the results of the ITU).
• rehabilitation program as a result of an industrial accident and occupational disease.
• conclusion of a medical institution based on the results of a mandatory medical examination.
• conclusion of a doctor at the antenatal clinic.

These documents are presented to the employer. He is obliged to carry out the following actions: if it follows from the doctor’s conclusion that the employee cannot perform a labor function in his position temporarily for a period of up to 4 months, he is suspended from work without payment of wages. And if more than 4 months, he is transferred to another position with the consent of such an employee or fired.

On the day of dismissal, the employee must be given a work book and severance pay in the amount of 2 weeks’ average earnings. You can apply in advance for work-related documents - they may come in handy.

HR records management

The basis for filling out the work book of a dismissed employee due to loss of ability to work is the corresponding instructions. The entry in the document must correspond to the contents of the order and the employment agreement. The reason for dismissal is filled in the column “Information on hiring, transfer” with reference to a medical report and an article of the Labor Code of the Russian Federation. The date and order number are indicated in the “Name” column. The record is certified by the seal of the enterprise, as required by the Rules approved by the Government of the Russian Federation.

Why should the manager and personnel officer of an enterprise be as prudent and scrupulous as possible regarding labor legislation? Because any step that is not verified with the law can lead to a conflict situation, and the dismissed employee can make legal claims. Particularly difficult is the moment when dismissal occurs due to limitations in work capacity. In this case, the employer must offer the employee another job (light work). If he refuses this position, he must do so in writing.

Each step must be supported by appropriate documentation, otherwise both parties may suffer. For example, if you make an unforgivable mistake in recording a work record (incorrectly indicate a link to an article of the Labor Code of the Russian Federation, which will lead to data inconsistency), and the person may face a lot of problems in the future. On the other hand, such a mistake can turn into a huge problem for the company if, after litigation, it has to pay a fine for violating labor laws.

It is worth noting that there is often confusion in the concepts of health status and professional incompetence. Professional unsuitability is a discrepancy between the professional qualities of an employee and the position held. Therefore, in the case of dismissal for health reasons, this formulation is unacceptable.

Employment registration and payments

The book must contain two entries. The first note includes information about the termination of the employment contract. The second entry regulates the data of the medical commission, which made a decision on the impossibility of the specified person to continue working in the relevant position.

All accompanying documents must also contain the necessary information.

The process of filling out records itself does not differ from the standard, that is, the date, the point for which the procedure is being carried out, as well as the circumstances and grounds are written down.

All payments must be made no later than the day of dismissal. This includes compensation for vacation, as well as funds for the period worked. Additionally, an average monthly payment may be assigned in case of temporary loss of ability to work.

In some cases, a person who resigns is entitled to an insurance payment. Most often, such moments depend on the state of health and the type of injury or disease.

If there is a temporary or permanent deterioration in health, it is possible to receive a payment after dismissal. Much in this case will depend on the nature of the injury, which may be professional and received at work. Payments must be made on time. In case of temporary disability, a person has the right to compensation, which covers the entire period of treatment.

Features of dismissal due to disability

Unconditional dismissal can be made only in case of complete loss of ability to work, when neither party can object to such a decision. In other cases, the administration must require from the employee a document indicating the degree of disability received due to illness.

If this is, for example, the third group of disability, such a case provides for the restoration of health. Each individual situation is considered individually. It may well be that even with a disability, an employee can perform his or her duties. Within the framework of Russian labor legislation, this means that the employer does not have the right to fire him. Dismissal of a disabled person at the initiative of the employer is unacceptable; it is considered a violation of the law, for which he can be held accountable.

An employer can fire an employee with a disability only in certain cases, for example, if the employee himself wants to leave. If an employee with a disability has contraindications for this type of activity, it is advisable to transfer him to another, more suitable position, if such a vacancy exists. If an employee submits a written refusal, only then can he be dismissed in accordance with clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.

So, there are the following reasons for dismissing disabled or incapacitated employees:

• If the state of health is such that a person cannot fully or partially perform his job duties, or working conditions directly harm his health and aggravate his physical condition.
• Lack of vacancies with appropriate working conditions for a disabled person.
• A written refusal of an employee with a disability or an incapacitated employee from a position offered by management or the human resources department.
• The employee expressed a desire to resign or change his current place of work of his own free will.

In relation to a disabled person, the wording can be used by mutual consent of the parties, which is used in cases of dismissal of ordinary employees.

How exactly does dismissal due to health problems occur?

Next, we will touch on the procedure for dismissal for health reasons. The dismissal algorithm, depending on the wishes of the victim and the medical report of the commission, is discussed in the table below.

Is it possible to dismiss at the initiative of the employer?

If doctors have made a conclusion about an employee’s professional incompetence, the employer does not have the right to allow a person with such a certificate in hand to work. The paradox of the situation is that the employer also does not have the right to fire him on this basis. Based on the norms of Art. 81 of the Labor Code, dismissal for health reasons cannot become a natural step as a reaction to an employee’s disability.

To legally issue an order and peacefully part with an unwell employee, you must first make every effort to socialize him in the changed living conditions. To do this, the employer is obliged to find all suitable vacancies for the person. First of all, they must suit him due to his poor health. You can even offer lower paid positions and with lower qualifications. And only in the case of a written refusal to change a place in the personnel hierarchy, can we say that the management has fulfilled its obligation under the Labor Code of the Russian Federation. But even then the order will be drawn up on the basis of paragraph Art. 81 Labor Code of the Russian Federation.

It will not be possible to immediately fire a specialist with physical disabilities on the initiative of his superiors. First you will need to make an effort to translate it, Art. 81 TK.

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.

Nuances of dismissal of different categories of citizens.

Serviceman

The decision as to whether or not a serviceman is fit for service is made on the basis of the conclusion of the Military Military Commission.

Each military employee under a contract has the right, in accordance with clause b clause 6 of Article 51 of the Federal Law “On Military Duty to Military Service,” to resign for health reasons, as well as to take another position corresponding to his health.

To do this, the Military Military Commission must recognize him as partially fit for service. To dismiss under this clause, the consent of the serviceman will be required.

The grounds for unconditional dismissal from military service for health reasons will be:

• Declaring a serviceman unfit for service.
• Recognition is limited to the fitness of a serviceman performing his duties under a contract in a position for which the rank of sergeant major is provided, serving on conscription.
• Upon dismissal, a serviceman has the right to government payments and compensation.

Pregnant

The legislator prohibits firing a pregnant woman at the request of an employer!

So if the contract has expired, the employer, in accordance with Art. 261 of the Labor Code of the Russian Federation must extend it until the end of pregnancy; for this you will need your written consent and a certificate indicating that you are pregnant.

Be prepared for the fact that the employer may require this document from you once every 3 months. Upon expiration of the contract, you have the right to be fired.

Let us repeat, the exception may be the liquidation of an enterprise. Do not forget that employment relations can be terminated at the request of the employee on the basis of Art. 80 of the Labor Code of the Russian Federation or by agreement of the parties.

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There are often cases when a woman, having written a letter of resignation, finds out about her pregnancy. In such a situation, you have the right to withdraw it within 2 weeks from the date of submission of the application.

However, if another employee was transferred to your place due to health reasons, then you cannot demand reinstatement. Therefore, before applying for dismissal, take into account all the nuances and legal consequences of your actions.

Single mother of many children

According to Art. 261 of the Labor Code of the Russian Federation, an employer, at his own request, cannot fire a mother for health reasons, who has a child under 14 years of age or a disabled minor, or if she is the only breadwinner in a large family.

If you belong to this category of workers, then you are not threatened with dismissal due to the fact that you do not correspond to the position you occupy, or there is a reduction in staff or a change of ownership in your organization.

The reason for the calculation may be clause 8, part 1, art. 77 Labor Code of the Russian Federation. This happens based on the results of the medical examination, if there is no desire to move to another vacancy that is more suitable for the employee’s health condition.

They are also fired if the employee is recognized by the expert commission as completely incapacitated.

Pensioner

The legislation equates pensioners with other categories of employees, therefore their dismissal for health reasons occurs on a general basis.

Consequently, the employer will have to part with you if the medical commission finds you unfit to work.

Also, if you are recognized as having limited ability to work, the employer will be obliged to offer you another position that you can occupy in accordance with your health.

Compensation and payments

If you refuse to transfer to another position under clause 8, part 1 of art. 77 of the Labor Code of the Russian Federation, you are disabled (clause 5 of Article 83 of the Labor Code of the Russian Federation), then the organization in accordance with Art. 178 of the Labor Code of the Russian Federation pays benefits. Its volume will be an average two-week earnings.

Military personnel are entitled to the following payments:

• Monetary allowance until the day of exclusion from the list of personnel.
• If you quit after serving for less than 20 years, then your severance pay will be 2 salaries; if you served for more than 20 years, then it will be 7 salaries.
• Financial assistance, which amounts to one salary if you filled a military position.
• Award for impeccable performance of official duties.

In what cases can you not be removed from your position?

As noted earlier, it is impossible to fire:

• in the absence of legal grounds;
• a pregnant employee, a woman with many children or a single mother - at the initiative of the employer;
• a vacationer and a person on sick leave.

Guarantees

All existing labor guarantees are listed in the Labor Code. In this case, only pregnant women and large families, single mothers, as well as people on sick leave have them. The rest do not have any privileges.

Consequences of violation

For violations of current regulations in the field of labor relations, the company's management and the legal entity itself may be held administratively liable. In case of prolonged evasion of financial settlements with dismissed workers (more than 3 months), the perpetrators may also incur criminal liability.

Employer's liability

In addition, the norms of the Labor Code of the Russian Federation itself impose financial responsibility on the company’s management for the delay of any types of payments within the framework of existing legal relations with employees.
For each day of delay in payment, interest is subject to accrual and payment: at least 1/150 of the key rate of the Central Bank in force on the day of expected payment (Article 236 of the Labor Code of the Russian Federation; clause 2 of Article 2, Article 4 of the Law of July 3, 2016 N 272- Federal Law).

The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Labor disputes and ways to resolve them

There are many ways to resolve labor disputes. This could be as simple as asking a lawyer and then trying to resolve the conflict yourself. By the way, you can do this via the Internet and get a free consultation from a lawyer online. The last resort is going to court.

Disputes regarding violations of labor laws in relation to people with special physical disabilities can be of a different nature. Among the many controversial situations, there may be, for example, the following.

A disabled person of the third group worked at the enterprise for about 10 years. During this time, she has a conflict over management’s refusal to grant her leave in May. It turns out that her colleague has allergies and takes a vacation in this month every year, and she has never been refused. The applicant is understanding, therefore she does not demand a planned vacation in May, but only an additional one at her own expense, due to her disability (60 days). Are the actions of the boss lawful when he refuses this leave to a disabled person at the specified time?

The answer is simple: it is not legal. In accordance with Part 2 of Article 128 of the Labor Code of the Russian Federation, a disabled person has the right to additional leave at the time he wishes and for up to 60 days.

Issues related to the work activities of people with special physical abilities and needs are very important. The employer must be well versed in the basic provisions of Labor legislation in order to prevent conflict situations that could lead to negative consequences not only for the manager, but also for the enterprise as a whole. After all, the unspoken rule that ignorance of the laws does not exempt from responsibility for violating them remains relevant today.

Transfer to a vacant position

Dismissal due to total disability is immediate and unconditional. The basis for dismissal is a medical report indicating the details in the order. In case of partial loss of ability to work and the need for transfer, the employer’s actions require additional measures. Necessary:

• Determine the availability of vacancies in the staffing table that meet the requirements.
• Offer the employee in writing to take a position that corresponds to the level of ability to work.
• Organize a temporary commission to confirm that the employee is familiar with the proposals and create an act in case the person does not agree to the transfer.

If there are appropriate vacancies, the employer offers the employee to occupy any of the positions of his choice. The offer is submitted to the employee in writing with an attachment of available vacancies.

Example notification fragment:

“Director of LLC Progress” Petrov K.N. notifies you of the need to transfer to a position corresponding to the indications specified in the medical report MSEC No. 22350 dated November 4, 2016. A list of available works that meet the requirements is attached to the notification. Additionally, we inform you that you can agree to a transfer to one of the proposed positions or refuse the vacancy. In case of refusal, employment contract No. 35 dated September 10, 2012 will be terminated according to clause 8 of Art. 77 Labor Code of the Russian Federation.

I ask you to notify the administration of your consent or refusal to transfer to the chosen position by October 05, 2016.

Director of Progress LLC Petrov K.N. (signature)

Employee Kozyrev A.A. was introduced. (signature)"

The notice is drawn up in 2 copies, one of which with the employee’s mark remains with the employer. If the employee refuses to sign the notice, a corresponding entry is made in the document. The members of the commission present when the document is presented draw up an act of refusal to familiarize themselves with and agree to the transfer, which is the basis for the dismissal of the employee.

Employer's liability

Article 5.27 of the Code of Administrative Offenses provides for the financial liability of the employer if he dismisses an employee without a medical examination report:

• 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 subject to a similar penalty.

When dismissal due to 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.

Calculations

If the employment relationship with an employee is terminated due to illness, payment is made on the last working day. The time actually worked by the person is paid, and compensation for vacation that was not used is also subject to payment. The laws also provide for a special payment. Its size is equal to the average earnings for two weeks.

It is worth pointing out that during the dismissal in question, the employee is entitled to the same types of payments as during the usual termination of relations with the employee. The special payment is calculated by multiplying the salary by 12 months. Then the resulting amount is divided by the number of days the person worked during the year. Next, you need to get the resulting value by 10. If the injury is received during work, the average salary is paid until it is cured.

Read on the topic: Payments and compensation upon dismissal due to disability in 2018. What rights do disabled people have upon dismissal?

Difficulties encountered during dismissal

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

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

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

Controversial situation when identifying partial disability

The employee is obliged to warn about the presence of a disability when entering work or deterioration in health during the period of employment (Article 214 of the Labor Code of the Russian Federation). In some cases, the fact of having a disability is not indicated by the employee. The employer or security service does not carry out health checks if the employee’s position does not require mandatory medical examinations.

Concealing information about partial disability does not allow the employer to provide benefits provided by law. If the employer becomes aware of a partial disability that does not coincide with the working conditions, the person may be offered another job that is appropriate to the state of health. If there are no vacancies, the employee is dismissed. There is no penalty for concealing health data.

Step-by-step instructions for employer actions

If the employee refuses the transfer or if there are no vacancies, the contract with the person is terminated. Employer's actions upon dismissal: (click to expand)