To perform any work, a citizen must have certain skills, capabilities and abilities. Especially much attention is paid to the state of health of the employee. If a person for various reasons becomes disabled or cannot continue to continue to work in a particular position, then dismissal is carried out on medical grounds. The process should be properly formed. Health problems can be identified during a mandatory examination or after surgery and illness.
Grounds for termination of employment
The dismissal of a person at the initiative of the employer is possible only if there are good reasons. If they are absent, then termination of employment is considered illegal. Dismissal for medical reasons is used provided that a specific specialist cannot really continue to cope with his job duties due to deterioration of his health.
An official document should be the basis for terminating the employment contract. It is presented by a medical report, which confirms that a particular citizen has experienced complete or partial disability.
An expert opinion is issued only by two organizations:
- Clinical expert commission. The members of this commission reveal how much the state of health of a citizen has deteriorated under the influence of various factors. Additionally, tips are given on the conditions under which it is permitted to continue working.
- Medical and social commission. It is she who makes the decision regarding the recognition of a particular person as disabled. Recommendations are given on where and in what conditions labor activity may continue.
The decisions of these commissions are binding, therefore, if a person still wants to continue working on the same conditions, the manager must provide him with such conditions that will not lead to a deterioration in his condition.
What to do to the leader?
If the management of the company receives a commission statement stating that the employee, based on his health condition, cannot continue to cope with his basic responsibilities, then one of the following decisions is made:
- if the employee cannot continue to work at all, then under Art. 83 of the Labor Code, he leaves the company immediately, so the employer has no right to demand a job;
- if the ability to work is only partially lost, and also in the conclusion there is a recommendation on the transfer of an employee to another job, the head of the company may offer the possibility of transferring to another position, but if the employee does not agree to the transfer, the employment contract is terminated on the basis of Art. 77 shopping mall;
- if the employer does not have the ability to transfer the employee to another position, then the employment relationship is terminated, and in the work book there is a link to Art. 77 shopping mall.
Dismissal for medical reasons is permitted only on condition that the employee is not able, on the basis of the opinion received, to begin work duties within 4 months or a longer period. If the period of rehabilitation or treatment does not exceed 4 months, then the employer must remove the specialist from work without saving earnings, but with the preservation of the workplace. Otherwise, the dismissal on medical grounds may be challenged by the employee.The step-by-step procedure for terminating an employment contract depends on who is its initiator.
Who is the initiator?
Dismissal of an employee for medical reasons is most often carried out on the initiative of the company's direct manager.
But often, direct hired specialists understand that they can no longer cope with their duties. In this case, they write a letter of resignation, where they indicate that their departure is associated with poor health. It is necessary to refer to the results of the physical examination.
Partial and complete limitations on disability
The medical report contains information on the conditions under which a citizen can continue to work. If the position held is suitable for these requirements, then the person can continue to work in the company. If the conditions do not fit the requirements of the conclusion, the employer may offer another position or terminate the employment contract.
If the conclusion indicates that a complete loss of working capacity is recorded, then the employment relationship necessarily ceases, after which the dismissal is recorded in the work book. Typically, such measures are applied when assigning the 1st disability group. Dismissal for medical reasons in this case does not contradict the requirements of the law.
Termination process
If, due to various injuries or diseases, the hired specialist cannot continue to work, then dismissal is carried out on medical grounds. The step-by-step process procedure consists of the following steps:
- initially, the employee receives an appropriate medical report stating under what conditions a citizen can continue to work;
- the document is transmitted to the employer;
- if the company has vacant posts that are suitable for the employee’s state of health, he is offered a transfer;
- the proposal must be drawn up in writing, and also served on signature;
- if the employee does not agree with the transfer, then he draws up a corresponding statement;
- a decision is made to terminate the employment contract;
- the employee is notified of this decision, and the reason for terminating the employment relationship must be indicated in the notification;
- a dismissal order is issued;
- it is provided for familiarization with the employee who signs the document;
- Settlements are made with the dismissed specialist;
- necessary information is entered in the workbook and personal card of a specialist in the company.
The employer should not skip any steps, as otherwise the process may be challenged. After performing these actions, the employee is dismissed for medical reasons.
Rules for making a letter of resignation
If the employee himself decides to stop working due to poor health, he draws up a statement. It includes the following information:
- FULL NAME. and position held;
- the reason for the dismissal, represented by poor health;
- date when termination of employment is planned;
- signature.
Since the employee is dismissed for medical reasons, it does not require working out for two weeks. This is due to the fact that a citizen simply does not have the ability to cope with his duties. A sample of such a statement can be studied below.
Dismissal notice
If the decision to terminate the employment relationship is made by the employer, then he sends the employee a corresponding notice. It contains the following information:
- reasons for termination of the contract presented by the dismissal in connection with medical indications are given;
- It is reported that the company has no vacancies that could be offered to the employee;
- the date of termination of the agreement is indicated;
- signed by the head and seal of the organization.
Such a notification is transmitted for review to a specialist under signature.
Offering another job
Medical dismissal does not always occur. Disability group 3 is considered the simplest, and when it is completed, citizens can continue to work even in fairly difficult conditions. Therefore, employers often offer specialists the opportunity to transfer to another place of work.
Such a proposal contains the following information:
- the need for translation is indicated in connection with the deterioration of the employee's health;
- All offered vacancies for transfer are listed;
- the salary to be received by the specialist after taking a new position is given;
- at the end is the signature of the head and seal of the company.
The employee must give an official response to such an offer. For this, written consent or refusal is made. If a citizen agrees to transfer, then relevant information is entered in his workbook, after which the employee starts new duties.
The nuances of issuing an order
If it is not possible to offer another job or the specialist refuses to transfer, then the employee is dismissed for medical reasons. A step-by-step procedure involves the publication of an appropriate order. The following information is entered into it:
- the reason for the termination of the employment relationship, represented by the deterioration of the employee's health;
- date of termination of the contract;
- personal information about the employee and his position in the company;
- at the end is the signature of the employer and the seal of the company.
A direct worker must sign this order.
The nuances of entering information into the workbook
Dismissal for medical reasons according to TC must be subject to numerous rules. This also includes the need to enter certain information into the work book. The following information must be in the document:
- record number;
- date of entry of information;
- information about the dismissed employee;
- reason for termination of employment;
- reference to the order and Art. 77 shopping mall.
On the last day of work of a citizen, a work book with other necessary documents is issued to him.
Final Settlement Rules
If a citizen is really unable to cope with work due to poor health, dismissal is required for medical reasons. Disability group 2 often does not allow normal work in difficult conditions. Upon dismissal, the employer must pay the employee certain funds. These include payments:
- salary for all hours worked;
- compensation for unused vacation;
- severance pay for dismissal for medical reasons, equal to earnings for two weeks of work.
Before calculating the severance pay, it is necessary to determine what the average salary of a specialist in the company is. If at all the employee loses his ability to work due to the fact that he performed the work in dangerous or harmful conditions, then the employer is obliged to pay him benefits in the amount of the average earnings until full recovery.
Translation Rules
If the company has vacant jobs with easier working conditions, they are offered to the hired specialist. This allows you to prevent the dismissal of the employee for medical reasons. The following situations serve as the basis for the transfer:
- there is a conclusion of the medical commission on the need to offer easier working conditions;
- the employee was injured, after which he cannot cope with his previous labor duties;
- the person has had surgery;
- general health has worsened;
- the employee has an occupational disease.
If an employee knows that the company has vacancies for his transfer, but they are not offered to him, then the specialist can appeal the dismissal in court.
Is mining required?
To identify the health status of all employees, often in different companies conducted a physical examination. Dismissal for medical reasons is carried out if it is revealed that a particular employee cannot cope with duties due to deterioration of health.
Under such conditions, the employer cannot demand a working day, so the specialist leaves work immediately.
Labor disputes
The dismissal of any employee is considered a specific process, as often during the implementation of this process, differences arise between the two participants. Labor disputes can be resolved peacefully or by appealing to the labor inspectorate or court.
The most common problems during dismissal due to a deterioration in the health of an employee are:
- the employer does not offer vacancies in the company;
- the employee hides his illness or injury, as he wants to stay in the company and get a good salary;
- the employer insists that the employee write a letter of resignation of his own free will, although this is a gross violation of the labor rights of a citizen;
- the head of the company does not pay the due payments and severance pay;
- the director insists on working out.
All such controversial situations should be resolved through the labor inspection. Additionally, with the help of a court, an employee may claim compensation for non-pecuniary damage.
Conclusion
The health status of any person can worsen for various reasons at any given time. This leads to the fact that the citizen ceases to cope with his duties. The basis for termination of work is the conclusion of the commission.
The employer can not only dismiss the employee, but also offer him various other vacancies, but working conditions must correspond to the state of health of the citizen.