The Labor Code of the Russian Federation provides for the dismissal of an employee for health reasons for various reasons. It can be carried out according to the results of the next medical examination. A person quits when he is recognized as completely incapable of work or a partial loss of his ability to perform labor duties incompatible with his position. The conclusion about the ability to work in certain conditions is given by a certain medical commission.
Grounds for dismissal
An employee may be dismissed if:
- the medical board declared him incapable of work;
- 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 refused it;
- the employer cannot provide lighter jobs.
Medical report
It is compiled by MSEC or KEK when examining a specific employee. An employee shall be dismissed if their opinion reflects that he cannot continue to work.
A document is sent to the business entity where it implements the latter, in which information is presented on the state of health of the employee and on the causes of disability.
MSEC concludes by indicating:
- percentage of disability;
- the time interval for which it is set.
After passing through the latter, an individual who worked in a particular business entity again undergoes a medical examination, which can remove the previously established percentage of disability, or confirm the presence of persistent disability, or increase its percentage if the health condition worsens.
During the examination, a specific disability group is assigned. The third is considered to be working. In the second group, an employee can be involved in light work. The first group is non-working.
KEC determines the general state of health of an employee and establishes cases of his transfer to easier work.
If an employee is dismissed for health reasons without an opinion from these commissions, it shall be deemed illegal.
If the medical commissions give a positive decision on transferring a person to easier work, but he does not give his consent to such an action, he will be kept a job for 4 months, while the salary will not be saved.
If restrictions on disability are not lifted after this period of time, in accordance with the Labor Code of the Russian Federation, dismissal for health reasons will take place.
Transfer
The medical board can conclude that the employee is incomplete incapacity for work, and the possibility of transferring him to easier work.
It is carried out on the following grounds:
- pregnancy;
- occupational diseases;
- general ailments;
- transferred operations;
- injuries received.
If the employer has vacancies suitable for the employee to whom the medical certificate has been issued, and the consent of this person, he will be transferred to a new job.
Transfer to another job is based on the following documents:
- the entry made in the workbook made after receipt of subsequent documents;
- medical conclusion, which indicates the need for such a transfer;
- declaration of consent by the employee to such an exercise;
- based on the last two documents, a transfer order is issued, after familiarization with which the employee must put his signature.
In doing so, the following points should be considered:
- if during the transfer, the employee did not have a percentage of disability established, then he retains average earnings while reducing income until this percentage is established by the appropriate medical board;
- within a month after the transfer, if the payment conditions worsen, the employee shall retain the previous average monthly earnings;
- if pregnant women are transferred to light labor, then the average salary is kept for them for the entire duration of the pregnancy.
The employee is compensated for dismissal due to health reasons in the amount of a two-week salary.
After the expiration of the period for which the individual was transferred to easier work, and not renewed by the medical board, he must 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 in an appropriate state of health?
If the employee has a medical certificate stating that at the time of non-attendance of work he was incapable of work, and if he was dismissed at that moment, then this dismissal will be declared unlawful. The employee is reinstated to perform labor duties in the economic entity where he performed them until the moment of dismissal.
In some cases, employers can reinstate a disabled employee and immediately dismiss him for health reasons. For an individual, these are two big differences, since the latter does not imply the guilt of the employee.
Optional care option
If an employee does not want to be dismissed for health reasons, he can submit a letter of resignation of his own free will. An employment contract with him may be terminated on the same day if there is a medical certificate confirming that he cannot fulfill the duties assigned to him. If the state of health allows him to perform labor functions, then the dismissal can take place after 2 weeks.
The concept of dismissal from military service
In this case, not only federal legislation applies, but also the Charter of the military.
According to them, the dismissal of the military may occur upon withdrawal, resignation or institution of a criminal case, and it can also be unconditional.
When a soldier is dismissed for health reasons, a medical report is obtained from the VVK. The basis for the process is going to stock. If the soldier is found to be completely unfit for military service, then the dismissal becomes unconditional.
The same basis is used when dismissing contractors due to their health status in relation to ranks to elders, including the latter.
An application for an IHC must be written by a sick military officer or commander of a military unit in which the latter is serving.
Military suitability categories
VVK determines the possibility of military service, establishing certain categories. There are a total of 5. Category A recognizes a person as fully fit for military service, and D as 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 obtaining the “limited fit” categories, a soldier is offered another position, but if he does not agree with it, he can write a dismissal report indicating the disease or injury that was identified by the IHC.
Management's response to the compiled report should follow within a month.
Procedure for the military
The dismissal of the military for health reasons is carried out in the following order:
- an order is drawn up with which the employee gets acquainted with the signature; if the dismissed military man refuses familiarization, an appropriate act must be drawn up;
- a calculation note and a personal card are filled out;
- copies of documents are made;
- legal payments are accrued;
- entries in the labor book about the dismissal that took place with an indication of the reason (recognition of unfitness for military service or limited validity) are entered.
On the last day of military service, documents are issued on hand.
Payments for military personnel upon termination of health
With such a dismissal, the military should receive full settlement for the hours worked according to the position held. He is compensated for non-vacation leave or the latter is provided until full settlement.
The military is also paid lump sum compensation. At the same time, if a disability is established at the VVK that was not obtained during the course of 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;
- upon awarding the dismissed person with medals and orders, the amount of payments shall be increased by one salary.
If disability was obtained during the course of service, then the military is paid a fixed compensation of 2 million rubles.
In addition, the state pays bonuses in the amount of 25% of the average monthly income.
During the year, upon dismissal due to health reasons, payments continue and amount to an average monthly salary.
Material assistance can be provided within a year after dismissal.
Privileges of military men dismissed on the grounds considered
After the dismissal, these categories of citizens have the following rights:
- for a pension increased by 50-85%;
- getting vacancies in the employment service out of turn, not only for them, but also for members of their families;
- ask for retraining for such civilian positions that allows you to occupy a state of health;
- apply for housing with a service life of more than 10 years.
Finally
Dismissal for health reasons is based on the conclusion of a specific medical commission. An employee can be transferred to easier work if it is provided for by this document and if the employer has free vacancies or is dismissed from it with an indication of the reason in the order and work book. Both civilians and military personnel are provided with certain compensation payments. To the greatest extent they are put last. Also, former military officers have advantages over other employees when applying for civilian specialties in certain economic entities in which staff reduction is carried out.