In itself, such an unhappy event as the loss of health and, along with it, the opportunity to fulfill their work duties, often entails the loss of a job, if they cannot offer you another position or you yourself have refused such an option. In the event that this happened, compensation payments provided for by legislation will be a little consolation. Their value depends on whether you are a civilian person or a soldier.
If you are a civilian
Employers have the right to fire an employee if his health condition does not allow him to continue to perform his job duties. When you have in your hands the conclusion of the medical commission, which stipulates a ban on the performance of your professional duties, the employer can offer you another job and conclude a new employment contract. But if there are no other jobs that you could take or you do not want to work yourself, you can terminate the employment contract on the basis of this conclusion.
Before leaving, read the collective agreement of the company where you work. It may provide for additional payments to employees forced to quit for health reasons.
In this case, paragraphs. "A" of Article 81 of the Labor Code of the Russian Federation, according to which an employee who leaves for health reasons can count on severance pay in the amount of two weeks' average earnings. In addition, in the event that you have used part of your vacation in advance, the employer has no right to withhold from you the sums of money issued in the form of vacation pay.
Please note that if you are fired in accordance with paragraph 8 of Article 77 of the Labor Code of the Russian Federation, you are not entitled to severance pay.
Compensation payments to military personnel
The issue of compensation payments upon dismissal for health reasons, to a greater extent, concerns military personnel. If damage to your health was caused during military service, you can count on more money than is the case in civil service. In this case, the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them" and the Resolution of the Government of the Russian Federation "On payment of bonuses to servicemen for conscientious and effective performance of official duties and annual material assistance" No. 993 dated 05.12.2011.
In this case, you are supposed to:
- monetary allowance on the date when you were excluded from the lists of the personnel of the military unit;
- a lump sum payment in the amount of two monthly salaries if you have served for less than 20 years, and in the amount of seven salaries if the total length of military service is 20 or more years;
- cash payments in the amount of one salary, if you were filling a military position;
- an award for the impeccable performance of your official duties.
In addition, you can also receive money instead of the material security that was due to you in the year when you quit. But for this you must also have 20 years or more military experience in calendar terms.
