If you are an employer, then dismissing an employee for health reasons, be guided by a medical certificate issued by a clinical expert commission or a medical and social expert commission. Make sure that the KEC conclusion is certified by the seal of the medical institution. Transfer or dismissal will be considered illegal if there is no conclusion. The reasons why you can fire an employee for health reasons are explained in detail in the Labor Code of the Russian Federation.
Instructions
Step 1
The employee refuses to be transferred to another job for his health reasons, as recommended by the medical report. Refer to part 2 of Art. 72 of the Labor Code of the Russian Federation, which states that an employee who needs to be provided with another job, the employer is obliged by mutual agreement to transfer to another place of work. If the employee refused the proposed transfer or there is no corresponding job in your organization, then you have the right to terminate the employment contract.
Step 2
The employee does not correspond to the position or the work he is engaged in, for health reasons, according to the medical report. Establish the fact of the employee's inadequacy for work, mistakes made by the employee, marriage. If you decide to terminate the employment contract, then you must necessarily submit evidence to confirm that the employee's health condition, in accordance with the medical certificate, prevents him from performing his duties. If an employee properly performs his duties, but suddenly it turned out that he needs to transfer to another job due to medical contraindications, then if he refuses to transfer to another place of work that is not contraindicated for him for health reasons, or if there is no appropriate work in your organization, you you have the right to terminate your employment contract. A similar situation is when the work performed by the prospective employee is dangerous for the entire team or for the citizens he serves. The employee should be transferred to an easier job, create acceptable working conditions for him or be fired if it is not possible to transfer to another position. Remember that a transfer is only possible with the consent of the employee.
Step 3
If you make a transfer to a lower-paid job, then in the previous organization, the employee is paid his average earnings within a month. If the employee has a medical certificate on work-related injury or occupational disease related to work, then the average earnings are paid until the employee recovers or until the recognition of the loss of ability to work.
