It happens that for health reasons the employee can no longer perform his job duties. Does this circumstance mean mandatory dismissal? What actions must be taken by the employer in order not to violate the law and the interests of the employee?
Instructions
Step 1
A similar situation can arise in two cases:
• if the employee, based on the results of a periodic medical examination, is recognized as unfit to perform work in his profession;
• sustained permanent disability as a result of illness or injury. In either case, the discrepancy between the state of health of the work performed must be documented (a medical report or a certificate from the MSEC is submitted to the personnel department of the organization).
Step 2
Upon receipt of documentary confirmation that the employee is not fit for health reasons to work in the position held, it is necessary to remove him from the performance of official duties by order of the main activity.
Step 3
After finding out the reason for the unsuitability and consulting with the production doctor, the employee should be offered all the vacancies available at the enterprise (including lower paid ones) that are not harmful to his health. A job offer (or lack of it at the enterprise) is made in writing. It can be an act or a notice. It is important that the employee reads this document. He must express his desire (or unwillingness) to be employed unequivocally. The employee must make an entry in the act with his own hand. For example: “I refuse the proposed position…”, then you need to sign and date.
Step 4
Only if the employee has refused the available vacancies or there are none, he can be dismissed from the enterprise for health reasons. An employment contract can be terminated:
• on general grounds (clause 8 of article 77 of the Labor Code of the Russian Federation) in connection with the refusal to transfer;
• for reasons beyond the control of the parties (clause 5 of article 83 of the Labor Code of the Russian Federation) in connection with the recognition of the employee “completely incapable of work.” On the day of dismissal, the employee must be familiarized with the order, he needs to issue a work book and make a complete payment. Upon dismissal under any of the above articles, the employee is paid a two-week severance pay.
