TC RF provides for dismissal on the stateemployee health for various reasons. It can be carried out based on the results of another medical examination. A person resigns on the recognition of his completely incapacitated or partial loss of ability to perform work duties incompatible with the position held. The conclusion about the possibility to work in certain conditions is given by a certain medical commission.
Grounds for dismissal
An employee may be dismissed if:
- the medical board recognized him incapacitated;
- in accordance with its conclusion, 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 can not provide lighter jobs.
It is compiled by the MECC or KEK during the surveyspecific employee. Dismissal of the employee is made in the event that in their conclusion it is reflected that he can not continue his labor activity.
In the economic entity, where he carries out the last, send a document in which information is presented on the state of health of the employee and the reasons for incapacity for work.
In conclusion, the MCEC indicates:
- percentage of disability;
- the time interval for which it is set.
After passing the last individual,which worked in a certain economic entity, again passes a medical examination that can lift the previously established percentage of work capacity, or confirms the existence of a permanent disability, or increases its percentage when the health deteriorates.
During the examination is appointeda certain group of disability. Working is the third of them. At the second group the employee can be involved in light work. The first group is non-working.
KEK determines the general health of the employee and establishes cases of his transfer to an easier job.
If the employee is dismissed for health reasons without a conclusion from these commissions, it is considered illegal.
If the medical commissions give a positive decision aboutthe transfer of a person to an easier job, but he does not give his consent to such an action, after him for 4 months, the workplace remains, while the salary is not preserved.
If the disability is not taken after this period of time, in accordance with the Labor Code of the Russian Federation, dismissal for health reasons will take place.
The medical commission can draw a conclusion about incomplete loss of ability to work by an employee, and the possibility of transferring it to an easier job.
It is carried out for the following reasons:
- Occupational diseases;
- common ailments;
- transferred operations;
- received injuries.
In the event that the employer has vacancies that are suitable for the employee who is given a medical report and the consent of that person, he is transferred to a new job.
Transfer to another job is based on the following documents:
- made a record in the work book, produced after receipt of subsequent documents;
- medical conclusion, which indicates the need for such a transfer;
- an employee's statement of consent to such an exercise;
- on the basis of the last two documents, an order for transfer is issued, after familiarization with which the employee must sign.
The following points should be taken into account:
- if during the transfer of the employeethe percent of loss of ability to work was not established, then the average earnings remain with the decrease in income until this percentage is established by the corresponding medical commission;
- within a month after the transfer, if the terms of payment for the employee worsen, the previous average monthly earnings remain;
- if mild labor is transferred to pregnant women, then the average salary is retained for them throughout the course of pregnancy.
The employee is given compensation for dismissal for health reasons in the amount of a two-week salary.
After the expiry of the period for which an individual was transferred to an easier job, and the non-extension of his medical commission, he must be returned to the previous place of employment.
At the same time, if an employee submits a written statement that he is satisfied with the current position, the position to which he was transferred becomes permanent.
Whether it is possible to dismiss for a truancy at an appropriate state of health?
If the employee has a medical report onthat at the time of non-attendance he was incapacitated, and if he was dismissed at that time, this dismissal would be declared illegal. The employee is reinstated to perform labor duties in that economic entity, where he performed them until the time of dismissal.
In some cases, employers mayTo restore the incapacitated employee and immediately dismiss him for health reasons. For an individual, these are two big differences, since the latter does not imply the fault of the employee.
Option to leave at will
In case the employee does not want to be firedfor health reasons, he can apply for resignation at his own request. A labor contract with him can be terminated on the same day, if there is a medical report confirming that he can not perform the duties assigned to him. If the state of health allows him to perform labor functions, then dismissal can take place in 2 weeks.
The concept of dismissal from military service
In this case, not only federal legislation is applied, but also the Charter of servicemen.
According to them, the dismissal of the military can occur when leaving the reserve, resigning or starting a criminal case, and also it can be unconditional.
When the serviceman leaves the statehealth is obtained from the VVC. The basis for the process is getting into the reserve. If the serviceman is found completely unfit for military service, then the dismissal becomes unconditional.
The same basis is used for the dismissal of contract workers because of health status in relation to titles to the senior officers, including the latter.
An application for the conduct of an IAC must be written by a sick soldier or a commander of a military unit in which the latter is serving.
The VVC determines the possibility of militaryservices by setting certain categories. Total 5. The category A recognizes a person fully fit for military service, and D - completely unfit for its implementation. When the commission makes the last category, dismissal from military service for health reasons must be accompanied by a report.
In the case of categories "limitedsuitable "for the soldier is offered another position, but if he does not agree with it, he can write a report on dismissal, which indicates the disease or injury that were established by the VVK.
The leadership response to the compiled report should be followed within a month.
Procedure for military personnel
The dismissal of a military man for health reasons is carried out in the following order:
- an order is issued with which the employee is acquainted for signature; if the retired military refuses to be introduced, an appropriate act must be drawn up;
- a payment-note and a personal card are filled in;
- copies of documents are made;
- legal fees are charged;
- entries in the work record book about the dismissal, indicating the reasons (recognition of unfitness to military service or limited availability).
On the last day of military service, documents are handed out to the military.
Payments to military personnel upon dismissal for health reasons
With such dismissal, the military must receivefull calculation for the time worked according to the position held. He is compensated for unchecked leave or is given the last before full calculation.
Lump-sum compensation is also paid to the military. At the same time, if a disability is established at the VVC, which was not obtained during the 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;
- when awarding the medal and order dismissed, the amount of payments is increased by one salary.
If the disability was received during the service, the military is paid a fixed compensation of 2 million rubles.
In addition, the state pays a bonus of 25% of the average monthly income.
During the year, with the dismissal due to the state of health, payments continue and constitute the average monthly salary.
Material assistance can be provided within a year after the dismissal.
Privileges of the military dismissed on the grounds under consideration
After the dismissal, these categories of citizens have the following rights:
- to an increased by 50-85% retirement pension;
- receiving vacancies in the employment service out of turn, not only for them, but also for members of their families;
- ask for retraining for such civil positions that allow you to occupy a state of health;
- apply for housing with a lifetime of more than 10 years.
Dismissal for health reasons is done onthe conclusion of a specific medical commission. The employee can be transferred to an easier job if this is stipulated by this document and the availability of vacancies for the employer or is dismissed from her, indicating the reason in the order and work record book. Both civilian and military employees are provided with certain compensation payments. To the greatest extent they are laid last. Also, former military personnel have advantages over other employees in the arrangement of civil specialties in certain economic entities, in which staff reduction is carried out.