Some employers have a lot of questions about the dismissal of a 3rd group invalid on their own. After all, this category of citizens is under the protection of the state to a greater extent than all other workers. And therefore, the termination of relations with such subordinates is sometimes troublesome. What should employees and superiors remember? How to fire a disabled person at his own request? Answers to all these questions will be given below.
Disability Description
The dismissal of a disabled person of the 3rd group of their own free will, with the right approach, will not cause any trouble. In order to fully understand the topic under study, we first characterize the mentioned group of persons.
So, disability is a serious violation of health and the body, affecting performance. Citizens with a 3 degree of disability are considered the people with the greatest opportunities for work. Such persons do not have the most serious disorders and diseases. Often, they do not interfere with normal work. In other words, a person with a 3 degree of disability is almost the same employee of the company as people without significant deviations in health status. Nevertheless, we will have to find out about some features of the dismissal in our case, otherwise the employer may be complained.
Right to care
Dismissal is the legal right of the worker. According to the Labor Code of the Russian Federation, any employed citizen is able to terminate the current working contract when it wants to. And holding it by force is prohibited. Therefore, your own desire will be more than enough. Accordingly, if the disabled person is the initiator of leaving work, then there will be no particular difficulties. We will describe in more detail about this process below.
About the initiators
Who can initiate the dismissal of a disabled person of group 3? Answering a similar question can be difficult. But in fact, no difficulties should arise. As we have already said, disabled citizens can independently leave their previous place of work. Accordingly, employees are the initiators of the process.
Can an employer forcibly break an existing agreement with a disabled person of group 3? Not. This is allowed only when the employee is recognized as fully incompetent. In this situation, the initiator of the termination of the contract is usually either the representative of the subordinate, or the boss. Employers no longer have any right to terminate labor relations. In fact, on the personal initiative of the authorities, it will not work to force a 3rd degree disabled person to leave his post. The laws in this case will be violated, and it will be possible to go to court.
When to ask?
The voluntary dismissal of a disabled person of group 3 may occur, based on current legislation, at any time. According to the law, a citizen is independently able to refuse employment at any time after signing the corresponding agreement. This means that on vacation, on sick leave and even on a trial period, such opportunities will prevail. This is a normal occurrence.
Features of dismissal
The dismissal of a disabled person of group 3 on the initiative of the employer is illegal. In addition to the scenarios listed above, a citizen must understand that they can say goodbye to him when the company is liquidated. And no other way.
If the employee received a disability and, due to medical reasons, can no longer work in his previous position, he is required to offer a new vacancy at the enterprise. In case of refusal from her, a dismissal is issued. The main thing to remember is that a job offer suitable for a disabled person due to health reasons is a prerequisite.
Termination process
The order of dismissal of a disabled person of group 3, taking into account all the nuances listed above, will not differ in any way from the termination of relations with an ordinary employee. That is, this operation does not have any features.
In general, a step-by-step operation can be represented approximately like this:
- Drawing up a letter of resignation. The initiative comes from the employee.
- An employer warning of your decision. This must be done in advance.
- Waiting for a statutory period. It is called mining. More about it will be discussed below.
- Familiarization with the order of dismissal. You need to put your signature on the document.
- Visit for documents in accounting.
- Getting calculation.
- Entering data on the dismissal in the work book.
- Registration of the personal file of the employee.
No particularly complicated actions. It would seem that everything is extremely simple and clear. It really is. Features of the dismissal of a disabled person of group 3 are already known to us. For an employee, this is a fairly simple operation.
Working out
But even after studying the steps presented to your attention, some questions arise. For example, does the dismissal of a disabled person of group 3 mean working out of their own free will or not? The Labor Code of the Russian Federation indicates that, ideally, each employee is obliged to warn his boss in advance of his intentions to quit his job. This must be done no later than 2 weeks before the implementation of the idea. Only in exceptional cases can a citizen warn of dismissal on the day of departure or three days before him. Citizens with a 3 degree of health damage are dismissed on their own initiative in the same way as other subordinates. So, you need to submit an application in 14 days. And, of course, here they will face mining. There are a number of tricks that can help get rid of it. But about them later.
Payment
To begin with, we will consider in more detail the ways to dismiss a disabled person from an organization. If the initiative comes from the employer legally, then all negotiations are in writing. But, as a rule, forcibly disabling a disabled person will not work. We'll have to wait until he wants it. In any case, termination of employment involves the conduct of the calculation. What should an employer pay to a subordinate?
You can count on:
- compensation provided by the employment contract;
- payments for hours worked;
- money for a vacation that has not been used.
There are no additional finances in this case. And only with the liquidation of the enterprise can you count on benefits.
Documents upon dismissal
The dismissal of a disabled person of group 3 of their own free will is not the most difficult process. After considering the request, the employer must issue a dismissal order and prepare the documents that he will issue to his subordinate.
Usually among them are:
- income statement;
- settlement sheet;
- work book.
After receiving the relevant papers, the citizen must sign in a special register. If the employee refuses to take the work book, a notice of the need to do this is sent by mail (with a receipt of receipt), and then an act of the established form is created. The bosses cannot keep the workbook, it is illegal!
How not to work out?
The voluntary dismissal of a disabled person of group 3 implies compulsory completion. But, as we have said, you can avoid it. The legislation of the Russian Federation allows not to work out 14 days for those who leave work due to retirement. This layout is valid only 1 time. That is, when applying for a pension for the first time.
In addition, you can go on vacation for 2 weeks or take sick leave for this period. And already during the "rest" to submit a letter of resignation. It is noteworthy that the employer cannot call an employee (and not just a disabled person) from vacation to work. Calculation in this case is made either on the day of the dismissal of the subordinate, or within 24 hours after the citizen addresses the company with the corresponding request.
About statement
Now it is clear what implies the dismissal of a disabled person of group 3 on their own initiative. This is a fairly simple operation, requiring regular compliance with the Labor Code of the Russian Federation. A letter of resignation is written by an employee eager to quit work. In a document, you usually just need to write something like "please fire me of my own free will." No details or justifications need to be written. The document must be signed by the applicant. It is submitted in writing. The application can be printed on a PC or written by hand. When creating such a paper, it is enough to follow the rules of conducting business-type correspondence. In addition, you will have to remember the structure of such papers. Fortunately, there are usually no problems with all this.
Sample
The article provides a sample letter of resignation of their own free will. It is not so important who exactly acts as the applicant - a disabled person or a completely healthy person. The main thing is that the text of the paper will not differ much. This is just a template to help you understand the basics of creating an established application form. But to use it, changing some information, can each employee.
Conclusion
Now it’s clear how the disability of a disabled person of group 3 occurs according to his own personal desire. This process is almost no different from the termination of employment with a healthy subordinate. Forcing employees to quit is prohibited. If the employer acts this way, then any employee can complain about it and even go to court. Unfortunately, this practice is becoming more and more common.
Citizens with a disability group of 3 are quite capable people. And therefore, you should not think that this category of subordinates is among untouchable personnel. It's not like that at all. And if you take into account all the features listed above, then there will be no problems in the future. Persons with disabilities are not much different from ordinary employees, and therefore often their dismissal occurs without any problems.