Each employee, in accordance with the labor legislation of the Russian Federation, has the right to choose a job according to his state of health. However, at the same time, the employer, for its part, undertakes to take care of the employee's health and provide him with a position and duties in accordance with the testimony of doctors. Therefore, if a situation arises when you need to fire an employee for health reasons, you need to know some ways how you can get around the law.
Instructions
Step 1
So, what does an employer need to do so that, on the one hand, does not affect the employee's rights, and on the other hand, to follow his own interests? Since the dismissal of an employee due to illness, as such, is prohibited by the legislation of the Russian Federation, try the following. Check the health status of the employee based on the official opinion. To do this, send him to any medical institution, or demand a medical certificate from the employee himself.
Step 2
Next, determine the vacancies for this employee based on the staffing table, taking into account his medical condition. In writing, notify the employee about his permanent or temporary transfer to a certain position, based on a medical report. You should have a sample of such a notice at your facility.
Step 3
Under the signature, familiarize the employee with this notification. If the employee refuses the proposed conditions, make an appropriate entry about this in the notification itself and draw up an act of refusal. If he agreed, fill out an additional agreement on changes in the terms of the employment contract.
Step 4
In case of failure, proceed to the next step. Terminate the employment contract on the basis of the employee's refusal to transfer to another position due to medical reasons. To do this, issue an order or order to terminate (terminate) the employment contract with the employee.
Step 5
Such dismissal occurs in accordance with paragraph 8 of Art. 77 of the Labor Code of the Russian Federation. In this case, the settlement upon dismissal occurs according to the standard principle, as well as the terms of dismissal are determined.
