Sample order for dismissal for health reasons in 2021

The relationship between a boss and a subordinate becomes significantly more complicated when the second, according to a medical report, cannot perform his job duties. Can they be fired for health reasons and what is the procedure for dismissal for health reasons so as not to violate workers’ rights?

An employer, when dismissing employees due to illness that prevents them from working at the enterprise, must rely on the regulatory framework.

Violation of the Labor Code of the Russian Federation can lead to disastrous consequences. There are several articles of the Labor Code of the Russian Federation that are suitable for termination of employment relations based on health indicators. Moreover, the initiative to quit can come from both management and the employee himself:

5, paragraph 83 of Article of the Labor Code of the Russian Federation - a subordinate can no longer work due to illness - management will need to submit documents from a medical institution confirming that the person is not able to work;
Clause 8, Article 77 of the Labor Code of the Russian Federation - a subordinate, due to illness, cannot agree with the new working conditions offered by the employer and, due to the impossibility of remaining at the same job, is forced to resign for health reasons;
Clause 3 (A) of Article 83 of the Labor Code of the Russian Federation – dismissal of an employee for health reasons due to the fact that this fact does not allow him to fully perform his work.

In addition to the Labor Code (and not all of its articles regulating this area of labor relations are touched upon above), the employer must rely on other norms of modern legislation. These include:

Article 5 of the Administrative Code;
Constitution of the Russian Federation;
Laws on the protection of workers' rights and their health;
Supreme Court judgment issued in 2004.

In cases of non-compliance with the provisions of regulations, an employer who dismisses an employee due to health problems may be held liable.

Refusal to transfer to another job due to illness

How to fire an employee if, based on a medical report, he can no longer continue to work in the same place where he was before? In this case, dismissal for medical reasons is possible only in the following cases:

the employee did not agree to transfer to another proposed workplace that suited him for medical reasons;
the employer cannot offer the subordinate anything that would suit him in accordance with his position.

This provision of the law applies in cases where the need for a transfer is temporary or permanent (in the case of a temporary option, a transfer for more than four months is considered).

The proposed new position may correspond to the previous one in terms of employee qualifications and remuneration. Or it could be worse (lower position, lower salary, etc.).

In this case, legislation primarily looks at the safety of human health and life, and not at prestige and material well-being.

The procedure for transferring from one position to another must be recorded in writing.

The subordinate must be presented with a document with an offer to move to a more suitable workplace. In this document, the person leaves his resolution - whether he agrees or not with the employer’s proposal.

After a subordinate refuses to transfer, a dismissal order must be issued (this must also be read and signed). A corresponding entry is made in the work book (dismissed “on what date” according to Article 77, Part 8 of the Labor Code of the Russian Federation).

Conclusion from a medical institution

A conclusion from a medical institution is the only basis for terminating an employment contract due to deteriorating health. Moreover, just a certificate from the district physician will not be enough. Papers are issued:

KEK – blade expert examination;
MSEC – medical and social expert commission.

The conclusion of any of the commissions is indisputable. And even if the person himself does not want to announce the result, the conclusion will be handed over to him by the doctors without fail.

For example, a person works as an ATP driver on a passenger bus, and he is diagnosed with a brain tumor.

A person can die at any moment and simultaneously kill all his passengers, not to mention random cars that happen to be nearby.

Dismissal procedure

So, dismissal for health reasons, which does not contradict modern laws on the protection of workers’ rights, is possible in a number of cases:

As a result of the examination, the employees of the medical institution rendered a verdict regarding the dismissed person - completely unfit for work (incapacitated);
if health problems are so great that a person cannot work in his previous place and does not want to move to another position;
if poor health can harm both the employee and his colleagues in the process of performing their job duties (threat to health/life, harm to production).

If an employee quits on his own initiative, citing the presence of an illness incompatible with work as the reason, he does not need to work for two weeks. An unsubstantiated statement about illness will not do.

The employee will need to document all his words. To do this, you must obtain a medical commission's opinion. When an employee wants to quit, the procedure is standard.

In the event of termination of an employment contract at the initiative of the employer, the dismissal procedure has certain features.

Offer another job

After the subordinate has provided his boss with confirmation from a medical organization about his illness, management will have to make a decision.

If there are positions in the organization according to the staffing table that are suitable for the “sick” person, the manager is obliged to offer a transfer to this job. Even if the subordinate loses his salary. The offer is made in writing. Consent/disagreement must also be written.

Employee refusal to transfer

Options for positions for lighter work should be prepared by the HR department. The subordinate gets acquainted with the proposed options. If nothing suits him, then the person can be fired under the appropriate article.

It is better to receive the employee’s refusal in writing or draw up a statement of refusal in the presence of witnesses. Provided that the employee has temporary health problems and he will be able to start work no later than in 4 months, then there is no need to dismiss such an employee.

He can simply be sent on “rest”, but at the same time the person retains his job.

The notification of vacant positions/job offer must be issued in two copies. One of them must remain with the employee, the other is transferred to the manager with a note of agreement/disagreement. If there are no suitable vacancies, the “patient” must also be informed of this situation in writing.

Order of dismissal

This document is drawn up in the organization and registered in accordance with the accepted document flow. The contents of the order indicate information about:

enterprise;
manager;
being fired;
reason for dismissal.

At the end, signatures are placed with a transcript of the interested parties.

In the case of temporary suspension from a position due to the fact that a person is sick, the order indicates the period of time for which the employee is suspended.

Entry into the work book

A mandatory entry about dismissal is made in the work book and the article of the Labor Code in accordance with which the contract is terminated is indicated. This means that an entry must be made in the work book that the person was fired due to deteriorating health.

Payments upon dismissal

Any dismissal is always accompanied by payment of funds:

earned money (salary);
vacation not taken – monetary compensation;
other payments due to various categories of employees.

In case of loss of work due to illness, an additional benefit is paid - the average salary for two weeks.

In the event of loss of ability to work during the performance of his job duties, excluding the negligence of the employee himself, compensation of average earnings from the employer must continue until his full recovery.

Features of the dismissal of military personnel

Dismissal from military service due to a discovered disease has its own characteristics. The main one is the possibility of leaving only at the request of the serviceman himself.

Health limitations are not a reason for dismissal of a serviceman at the request of a superior in rank/rank. When a contract with a serviceman is terminated, he is transferred to the reserve.

Responsibility for violations

The manager does not have the right to retain an employee in his position if he has a corresponding order from the medical commission, which is mandatory for immediate execution. If the manager refuses to carry out the procedure, a fine or temporary suspension from work may be imposed.

Dismissal of an employee requires careful adherence to the procedure, since otherwise the decision may be challenged internally. If an employee is unable to work, the manager is obliged to comply with the order of the medical commission. Whether it is necessary to indicate payments largely depends on the type of order to sever the employment relationship. They are usually indicated upon termination of the employment relationship by agreement of each party.

The procedure for dismissing an employee for medical reasons

If there is a special medical report, dismissal for health reasons is carried out. Each person is obliged to monitor their health and, if there are problems, provide the employer with relevant medical documentation. The employer, in turn, must be guided by the norms of the labor code and health legislation.

Legislative regulation

There is no separate article in the Labor Code that would determine the procedure for dealing with employees in the event of loss of ability to work. Depending on the situation, one should also be guided by the Constitution, the Code of Administrative Offenses, and the Fundamentals of Legislation that regulate health protection.

If the employee’s condition worsens and there is a medical report that requires transfer to another place of employment, one should be guided by the norms of Article 73 of the Labor Code of the Russian Federation. An employee may be dismissed for medical reasons:

on the own initiative of such an employee (Article 80);
due to circumstances beyond the control of the parties (Article 83);
on one of the general grounds for termination of a working relationship (Article 77);
at the initiative of the company management (Article 81).

Removal from official duties is regulated by Article 76.

What should an employee do?

Having received a medical certificate prohibiting him from working in his previously held position, the employee can resign of his own free will. By indicating the reason for dismissal, you can avoid the need for two weeks of work. In this case, it is necessary to present a medical report.

But no one obliges an employee to quit immediately. If the ability to work is preserved, the employee may be transferred to another job, including one with lower qualifications and wages.

The decision to change jobs due to illness is made by the employee himself. In case of refusal, the employee is suspended from work for the time specified in the conclusion.

If this period is not specified, then he may be fired on the basis of the norms of the Labor Code of the Russian Federation (Article 77).

Concealing information about a changed health condition is prohibited. If the employee does not present a medical report to the employer, then the organization is not responsible for his life and health. If problems are identified, the citizen is required to undergo a medical examination. The issued conclusion must be presented to the employer within 3 days.

What should an employer do?

The management of the organization, when deciding what to do with the employee, should be guided by what is indicated in the medical report. If the medical commission recommends transferring the employee to another place of employment, then the employer is obliged to offer unfilled vacancies in which the citizen is allowed to work.

Calculation and severance pay

During the procedure for termination of work, the employee is given the benefits and other payments due to him. The following are subject to accrual:

payment of average earnings for time worked (calendar days per month);
compensation for vacation if it is not used in full;
severance pay is due to a person with disabilities if he resigns not of his own free will, but because he is recognized as incapacitated by law.

The calculation takes place along with the transfer of wages and payments due on the day of his dismissal.

The procedure for dismissal due to medical contraindications

Can they be fired for health reasons on the basis of the Labor Code of the Russian Federation (due to illness, disability, etc.)?

Dismissal of an employee for health reasons and professional incompetence based on the provisions of the Labor Code of the Russian Federation: step-by-step procedure
Dismissal from the RF Armed Forces and the Army due to health reasons
Results

Can they be fired for health reasons on the basis of the Labor Code of the Russian Federation (due to illness, disability, etc.)?

The Labor Code of the Russian Federation provides for dismissal for health reasons in clause 5, part 1, art. 83. Meanwhile, not every health condition can be a reason for terminating an employment contract. Thus, by virtue of the above rule, the employment contract is terminated if the employee is absolutely unable to perform labor functions on the basis of a medical report.

At the time of writing this article, the order of the Ministry of Labor of Russia “On classifications and criteria...” dated December 17, 2005 No. 1024n is in force, which establishes various degrees of restriction of the ability to work.

Dismissal is possible only if the sick employee has received a third degree of disability (impossibility of carrying out work activities due to significant pronounced impairment of body functions). If another degree of restriction of the ability to work is established, dismissal on the basis of clause 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation is illegal.

A medical report of inability to work can be reflected in documents on disability, which is confirmed by judicial practice, for example, the appeal ruling of the Khabarovsk Regional Court dated June 10, 2015 No. 33-3064. We'll talk more about this below.

Dismissal of an employee for health reasons and professional incompetence based on the provisions of the Labor Code of the Russian Federation: step-by-step procedure

Dismissal due to unsuitability due to health must be formalized in stages, following a consistent procedure. If the requirements of the law are violated, it may be declared illegal. In this article we will cover all stages of the process - from beginning to end.

Step-by-step instructions for dismissing an employee for health reasons are as follows:

Providing documents from the employee to the employer indicating that continued work is impossible due to health problems.
Issuance by the employer of an order to dismiss an employee for health reasons under the Labor Code of the Russian Federation and bringing it to the attention of the employee.
Making an entry in the work book.
Registration of a personal card.
Issuance of documents required by law to the dismissed person.
Making payments as required by law.

Next, we will analyze each of the stages of the step-by-step procedure for dismissal for medical reasons.

Providing the employer with documents confirming the inability to work

We have already mentioned that for dismissal due to illness on the basis of clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, the employee must prove that he can no longer work due to poor health.

The evidence used is documents on disability or a medical report issued by the appropriate authority in the manner prescribed by law (appendix to the order of the Ministry of Health and Social Development dated May 2, 2012 No. 441n).

A disabled person is a person who has been diagnosed with a persistent impairment of body functions as a result of injury, disease, or other causes, leading to limited life activity.

How to dismiss an employee for medical reasons - registration

Dismissal of an employee based on medical indications or lack thereof is possible in several cases.

According to current legislation, representatives of certain professions working in various organizations, the list of which is set out in Article 69 of the Labor Code of the Russian Federation, must regularly undergo medical examinations.

If one of the employees was required to undergo examination, but refused to do so or did not pass without a good reason, then he is subject to dismissal. The same thing should happen if the conclusion of a medical commission declares a person unfit to perform certain duties.

If a company or departmental organization has a staff in which there are positions that an employee with unsatisfactory medical conditions can occupy, then the employer must provide him with such an opportunity. If there are no such places or the employee refuses the transfer, then he is also subject to dismissal.

Another option for dismissal for medical reasons is the discovery that the employee is completely incapacitated. Most likely, in this case, he will receive some kind of disability group, and the employer has the right, and in some cases, the obligation, to part with him legally.

Dismissal for medical reasons step by step procedure

One of the reasons why an employee cannot continue to work in his current position is deteriorating health. In this article we will consider what the procedure for terminating an employment relationship will be in force in this case, and whether any compensation is due for dismissal for health reasons.

Grounds for dismissal due to health reasons

The basis for dismissal for health reasons in 2021 is a medical certificate. The reason for assessing the health status can be either an illness or injury of the employee, or regular medical examinations required for a number of professions.

A medical certificate is valid if it is issued:

a clinical expert commission, which determines the degree of loss of work functions by the employee, and also makes recommendations on optimal working conditions;
a medical and social expert commission, which has the right to make a decision on complete or partial permanent loss of ability to work and on establishing a disability group. MSEC also gives recommendations on the necessary working conditions if the ability to work is partially preserved.

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The commission’s decision is binding and is sent, among other things, directly to the employer, regardless of the employee’s wishes.

Procedure for dismissal due to health reasons

An employee who has medical contraindications to work under current conditions should be offered a transfer to another position.

The employment contract is terminated if the employee needs to be offered another job, according to medical indications, for a period of more than four months, but it is not available.

The employment contract with managers and chief accountants can be terminated immediately after a missing vacancy is identified or the employee refuses it. Such specialists may be suspended from work by agreement of the parties for a certain period.

The fact of refusal of the proposed position is documented in writing. Next, a dismissal order is prepared, which the employee must be familiarized with against signature. An entry is made in the work book indicating the reason for dismissal.

Dismissal cannot be formalized while the employee is on sick leave. The procedure is carried out after the end of the certificate of incapacity for work.

Neither the commander (chief) of the unit, nor other officials can put pressure on the serviceman when he makes a decision regarding further continuation or termination of service, since if an officer (or warrant officer) is recognized as partially fit for service, he still has the right to continue it.

Payments upon dismissal from work for health reasons

An employee resigning for medical reasons must be paid the following:
Funds are paid on the day of termination of the employment relationship.
Watch a video about military personnel being dismissed due to illness

Peculiarities of dismissal of a military personnel for health reasons

The procedure for dismissing a military personnel for medical reasons is as follows:

Passing a military medical commission and receiving a conclusion of the established form.
The officer submits a report of dismissal indicating the reason - health status.
Personal conversation between a commander and a soldier. Based on this, a special form is filled out and filed in your personal file.
Drawing up a dismissal order.

A serviceman can stop serving solely at his personal request; he cannot be forcibly dismissed. Upon dismissal, he must be paid a salary and a lump sum benefit. If the duration of military service is less than twenty years, the benefit will be an amount equivalent to two salaries. In case of longer service, the serviceman will be paid an additional seven salaries.

When dismissed for health reasons, military personnel are entitled to a number of benefits, including priority employment through the employment service.

Dismissal for medical reasons - step-by-step procedure

Can they be fired for health reasons on the basis of the Labor Code of the Russian Federation (due to illness, disability, etc.)?

Dismissal is possible only if the sick employee has received a third degree of disability (impossibility of carrying out work activities due to significant pronounced impairment of body functions). If another degree of restriction of the ability to work is established, dismissal on the basis of clause 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation is illegal.

Dismissal of an employee for health reasons and professional incompetence based on the provisions of the Labor Code of the Russian Federation: step-by-step procedure

Step-by-step instructions for dismissing an employee for health reasons are as follows:

Providing documents from the employee to the employer indicating that continued work is impossible due to health problems.
Issuance by the employer of an order to dismiss an employee for health reasons under the Labor Code of the Russian Federation and bringing it to the attention of the employee.
Making an entry in the work book.
Registration of a personal card.
Issuance of documents required by law to the dismissed person.
Making payments as required by law.

Next, we will analyze each of the stages of the step-by-step procedure for dismissal for medical reasons.

Providing the employer with documents confirming the inability to work

A disabled person is a person who has been diagnosed with a persistent impairment of body functions as a result of injury, disease, or other causes, leading to limited life activity.

What are the dimensions?

A specific payment provided specifically in the event of a deterioration in the employee’s health that does not allow him to continue working is severance pay.

Its size is fixed in Art. 178 of the Labor Code of the Russian Federation (Part 3) and is the average salary of a person for 2 weeks . It is important to keep in mind that we are talking about the number of working days per 2 weeks. Thus, with a five-day working week, average earnings are multiplied by 10 days, and with a six-day week - by 12 days.

The employer has the right to establish a larger severance pay (Part 4 of Article 178 of the Labor Code of the Russian Federation).