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Dismissal for health reasons. How to dismiss for health reasons. Payments upon termination of health

The labor legislation of many countries has a social component. On the one hand, this is a sign of the democratization of relations between workers and the employer. On the other hand, it allows solving difficult problems for both without any particular loss. These include dismissal for health reasons. The situation is quite complicated, requiring a special approach. Let's deal with her.

What are the nuances of the problem

Let's be honest. A lot of people just do not inform the employer about health problems. health dismissalSome do not want to share personal information, others do not attach any importance to this, others fear loss of income. Situations are completely different. The result, unfortunately, is sad. To protect a person from rash acts and their sad consequences, dismissal for health reasons is included in the legislation. Adequate measure, standing guard over human life. Sometimes they say that this is all for the employer.

They say that he did not have to spend money on the rehabilitation of a disabled person or worse. All this is idle speculation. In fact, such a measure as dismissal for health reasons is balanced from the point of view of both participants in the relationship. And first of all, it protects the workers themselves, their right to work and health. Naturally, when solving such a problem, it is necessary to act exactly as prescribed by law. This is exactly the case when creativity is not welcomed, especially by the judicial system, if the dispute reaches it.

dismissal of a soldier for health reasons

A little bit about responsibility

Now let's talk about the formalities. Knowing them is necessary for both the employee and the employer. It is believed that detailed information on the list of documents, the correctness of their use protects both sides from possible errors. Well, on the topic of violations of the law, when a dismissal is made for health reasons, they practically do not say anything, but this is meant. Personnel officers and other representatives of the administration should remember that errors in this matter are fraught with serious consequences. Then try to beat off officials of a polite appearance and prove that you oversaw, and did not "use your official position for personal purposes." By the way, the whole process is described in sufficient detail in the Labor Code of the Russian Federation. It is necessary to study the material and act accordingly. This information will be equally useful to an employee whose health has been shaken for various reasons.

Dismissal of an employee for health reasons: required documents

It is clear that ailments are different. Consequently, the employee must submit a certain document confirming the fact of the impossibility of fulfilling his duties for which he, in fact, receives payment. health dismissal compensationOf course, no one will refuse to dismiss him in any case. However, there are nuances that depend on entries in the work book. For example, if a person has lost health due to occupational risks, then he is compensated. They, in particular, affect further retirement benefits. Therefore, the document on the state of health should contain information on disability, the reasons for receiving the disease (injury). They receive it from KEK (clinical expert commission) after passing the appropriate examination. The document is serious (with a seal, as the people say).It should be borne in mind that the dismissal of an employee for health reasons without its presence is unacceptable!

Next document

Legislatively fixed is a condition providing in the case under consideration for the provision of a person with a different workplace not associated with a health risk. Therefore, his administration is obliged to offer. The employee has to decide whether he agrees to a change of place, whether his conditions and salary suit him. It should be noted that the whole process must be fixed on paper with the corresponding signatures. Agreed - a transfer order is issued.

He refused - a document with his signature is needed, clearly demonstrating all the conditions and the decision made. That is, any outsider when reading these papers must understand that the person was offered how he reacted. In the same case, when the company does not have such a vacancy (free), an appropriate document is drawn up. This is a matter of personnel service. She reviews the KEC report, analyzes (documented) the availability of vacancies, and writes the report. It reflects the fact that it is impossible to fulfill the requirements of the Labor Code of the Russian Federation for this case. The last document is the employee's letter of resignation.

employee dismissal for health reasons

Order

When all the “papers” are collected and checked, you can proceed to the execution of the actual order of the head. In most cases it is dismissal order. Since this document may come in handy in the future, it must be written “perfectly”. Its name: "Dismissal for health reasons ...". Article of the Labor Code of the Russian Federation - seventy-seventh. In its paragraphs 8 and 10, the relevant standards are indicated. Next, you must clearly indicate the position previously held by a person. Do not forget to check the spelling of personal data. The last part provides a list of documents on the basis of which this order has been drawn up. Naturally, the employee is allowed to familiarize themselves with the document signed. On this formalities can be considered complete.

health worker dismissal

The nuances of drawing up the order (for the personnel officer)

Let us say a few words that are important for officials, although they will be useful to the rest. You should carefully read the expert opinion. And if something is not clear, then consult. Strive for a direct and simple indication of the conditions under which a person can work. Only if it is impossible to execute them, document the dismissal for health reasons. Compensation here can become a stumbling block. In case of termination of the contract under this article, a person needs to pay the average salary for two weeks. The amount is not necessarily large, but the decision maker is responsible for it. Unfortunately, there are cases when the personnel officer is mistaken, the paper is not composed correctly. He then claims. Well, if you do without corruption charges.

termination of health care

Is it possible to dismiss in this case at the initiative of the administration?

This question rarely arises. Most often, the employee and the administration agree. However, exceptions also occur. You should be aware that the administration can initiate the termination of the contract only with a complete loss of working ability by a person. It is documented by the first disability group. In the KEC certificate, it will be written: "Disabled." If the citizen himself does not want to write a letter of resignation, then the administration itself has to initiate the process. In this case, all the nuances of the law should be followed with a vengeance. And the employee needs to make sure that all records strictly comply with regulatory documents. Since then he will need to deal with the registration of a pension, and there they have their own nuances.

Dismissal of a soldier for health reasons

Now let's touch on a few words of special cases, namely the army. People are also sick there, that is, their condition is changing.The dismissal of a soldier for health reasons is carried out only upon the conclusion of a special commission. He may be recognized in whole or in part as unfit for service. These points are governed by federal law. He also regulated the amount of compensation. By the way, people who gave part of their lives to the state have significantly more than civilians. In this way, the country compensates the specialist for the loss of income, which entailed the dismissal for health reasons. Compensation is calculated on the basis of the salary, length of service, conditions for receiving the disease, its severity and other conditions.

dismissal for health reasons

If a person is not completely disabled

Let us finally consider one more nuance, which often becomes a "trap" for the personnel officer. We are talking about cases where it is necessary to carry out dismissal due to a limited state of health. The subtlety is that the Labor Code of the Russian Federation expressly spells out the norm on the obligation of the employer to provide another place to the injured person. That is, the dismissal itself is possible. But it must be accompanied by additional documents. A statement by an employee in this case is not enough. He can, of course, break off relations with the company of his own free will. Only this is another article. But with incomplete disability should transfer a person to another place. You can dismiss only if one is not available. We repeat: each step must be documented by making entries in the relevant journals.


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