People with disabilities, regardless of group, have the same rights as other workers. At the same time, they have certain benefits and special working conditions. Disability of the 3rd group presupposes a moderately pronounced restriction in a certain area of life. Speaking of abbreviations, it is worth noting that the group does not really matter in this matter.
Downsizing due to disability
According to the 83rd article of the Labor Code of the Russian Federation, an employer can fire a disabled person in case of inability to work on a medical certificate.
The rights of persons with disabilities are protected by Federal Law No. 181-FZ "On social protection of persons with disabilities in the Russian Federation" dated November 24, 1995. Labor relations between employers and employees, including persons with disabilities, are regulated by the Labor Code of the Russian Federation.
In other cases, the employer must provide an employee with a disability with the working conditions that must comply with the IPR. If the employee is recognized as disabled during the period of work, and the management is not able to create conditions that meet the requirements, it is obliged to offer another job that will correspond to the state of health of the employee. If such a job is not available or the employee does not agree to another vacancy, the employer has every right to terminate the employment contract.
IPR is an individual rehabilitation program that is issued to a disabled person together with a certificate of disability. Includes a list of measures aimed at restoring and compensating for the lost functions of the body.
General abbreviation
With the reduction of full-time employees, the dismissal of disabled persons is carried out in the usual manner. According to Article 261 of the Labor Code of the Russian Federation, employers are prohibited from reducing:
- pregnant women;
- women raising children under 3 years old;
- women who are single mothers raising a child under 14 years old or a disabled child under 18 years old.
Article 179 of the Labor Code stipulates the category of employees who have the highest priority in choosing employees who will remain in the organization's staff after the layoff. This category includes:
- employees with the highest labor productivity;
- employees with the highest qualifications.
Under equal conditions, in terms of productivity and qualifications, the following employees shall have priority to remain in the workplace:
- family workers with two or more dependents;
- persons in whose family there are no other employees who have their own earnings;
- persons who have received a disability in this organization as a result of an accident or an acquired occupational disease;
- disabled participants of the Great Patriotic War;
- disabled people who received a group while participating in hostilities to defend the Fatherland;
- employees who are on advanced training without interrupting their main job;
- other employees specified in federal laws.
From the above list, it follows that with a reduction in staff, an employee with a disability can be dismissed on an equal basis with other employees, unless he belongs to a certain category of employees and has the same labor productivity and degree of qualifications.
