An employee's illness may be the reason for his dismissal for health reasons or transfer to another position in the same company. From the moment of receiving the examination of the medical commission, the employer acts in accordance with the legal norms of the Labor Code of the Russian Federation. What payments and compensations are due to the employee? How does paragraph 5 of Article 83 of the Labor Code of the Russian Federation oblige you to act when registering for labor? Is there a list of diseases that oblige the dismissal of an employee if the serviceman has 1, 2 or 3 disability groups? Let's figure it out.

Legal basis

There are several legal documents according to which the employer acts (in the event that an employee is unable to perform his duties due to illness):

• Constitution of the Russian Federation;
• Code of Administrative Offenses (Article 5);
• Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004;
• Labor Code of the Russian Federation (Articles 4, 76, 77, 81, 83, 137, 178, 182, 185, 213, 214, 254, 261);
• Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens from 1993, etc.

Significant reasons for dismissal

What exactly can be grounds for dismissing an employee for health reasons? Let me explain. The basis for dismissal of a victim due to health reasons is the expert opinion of one of the special commissions:

1. Clinical Expert Commission (CEC), which issues an opinion on the employee’s health status and recommends conditions for continuing it labor activity.
2. A medical and social expert commission (MSEC), which decides whether the patient is still able to work or whether he needs to give up work (full or partial recognition of a person as disabled).

How exactly does dismissal due to health problems occur?

What calculations must the employer make?

On the last working day, a settlement is made with the former employee dismissed due to illness:

• payment for actual time worked;
• compensation for unused vacation;
• special payment (average earnings for 2 weeks).

Payments for dismissal due to health reasons are the same as for regular dismissal, excluding the last point. The special payment is calculated as follows:

(monthly salary x 12 months / number of days worked per year) x 10 days.

If an employee is injured at work, then the average salary is paid to him until his final recovery.

Documents required for dismissal due to health

To comply with everyone legal requirements regulating dismissal due to employee health, the following documents are required:

• conclusions of the medical commission;
• notifying the victim about the absence or availability of a suitable position in the state;
• employee refusal to transfer to another job;
• notification to the employee of dismissal (with a note of receipt);
• employee's resignation letter;
• an order to terminate the employment contract indicating the relevant legal basis.

An employee can be dismissed for health reasons only by complying with all the rules and regulations provided by law. In order not to bring the matter to trial, the employer is obliged to understand all the intricacies of this process. The main mistakes of the employer usually come down to incorrect assessment of the recommendations of the medical board (if the period of suspension from work is specified as less than 4 months) and failure to comply with the procedure for dismissing the employee.

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Sometimes an employee becomes unable to work due to deteriorating health. In such a situation, the employer has various questions, including calculation Money. What payments should he provide in order not to break the law?

Dismissal for health reasons: regulatory framework

There is no article in Russian legislation that would fully disclose all the nuances. The information is scattered in parts according to the Labor Code and other regulatory documents. When making a decision, be guided by:

• Constitution of the Russian Federation (Article 33);
• Code of Administrative Offenses (Article 5);
• Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2;
• Labor Code of the Russian Federation - Art. 73, 76, 80, 83, 127, 178, etc.

What actions does the employer take?

After receiving a medical report, do not rush to file a dismissal for health reasons. Find out what working conditions are harmful to the subordinate. Can they be eliminated or reduced? Should you reduce your working hours? In the future, three options are possible: changing working conditions, transferring to another position, or terminating the contract.

The Labor Code states that the dismissal of an employee for medical indications provided for:

• complete loss of ability to work, which is confirmed by the conclusion of a medical and social expert commission (clause 5 of Article 83 of the Labor Code of the Russian Federation);
• refusal to transfer to another position (clause 8 of Article 77 of the Labor Code of the Russian Federation).

An employee recognized as completely incapable of working will not be able to fulfill his obligations efficiently. Sometimes there is even a threat to others. Therefore, it is unacceptable to retain such a person. Otherwise, the employer may be subject to criminal liability.

However, you cannot, on your own initiative, formalize the dismissal of an employee for health reasons who is recognized as partially incapable of working. For example, I received disability group III. It is possible that he will cope with his responsibilities on other terms. Cooperation can be terminated only at his request. Violation of this requirement will result in liability.

How to fire someone for health reasons?

When terminating the contract, please note: if the employee refuses the offered vacancies, his decision must be recorded in writing. An appropriate entry is made on the proposal document or an application is submitted. And when the organization does not have suitable vacancies, a notification is drawn up:

Procedure for dismissal due to health reasons:

1. The employee writes a letter of resignation indicating the reason - the result of a medical report (must be attached).

1. A dismissal order is issued. A reference is made to clause 8 of Article 77 of the Labor Code of the Russian Federation or clause 5 of Art. 83 Labor Code of the Russian Federation.
2. An entry is made in the work book.

The employee must read the order against signature. In the future, he receives a work book and the required compensation.

Payments upon dismissal for health reasons

Funds are issued on the day of termination of the contract or within the next day (from the date of application). The employee is paid:

1. Salary for days worked. Salary calculation formula:

Salary = SALARY / N worker * N fact - personal income tax (13%), where:

N slave - number of working days in a month;

N fact - the actual number of days worked in a month.

1. Compensation for unused vacation. It is required to be paid, including if a dismissal is made due to the employee’s health. In this case, all days of unused vacation are taken into account:

HOLIDAY PAY = Salary avg. * D, where

Salary avg. - average daily earnings;

D - number of unused vacation days.

1. Severance pay in the amount of two weeks' earnings (Part 3 of Article 178 of the Labor Code of the Russian Federation). Insurance premiums and personal income tax are not assessed. It is calculated like this:

ALLOWANCE out = salary avg. * N, where

N is the number of working days (the first two weeks are considered).

Example

All numbers in the example are arbitrary. Alliance LLC terminates the employment contract on December 7, 2017 with A.I. Korshunov due to complete loss of ability to work. Salary 43,500 rub. 15 days worked in November. The average daily salary is 1,700 rubles. The main vacation was not used. What are the employee's rights?

1. Salary for days worked:

43,500 / 21 * 15 - 31,071.4 * 13% = 27,032.1 rub.

1. Compensation for unused vacation:

1,700 * 28 - 6188 = 41,412 rubles.

1. Severance pay. Since the number of working days from December 7, 2017 to December 20, 2017 is 10, we get:

1,700 * 10 = 17,000 rub.

Alliance LLC must pay A.I. Korshunov received a salary of 27,032.1 rubles, compensation for unused vacation of 41,412 rubles. and severance pay of 17,000 rubles.

Is it possible to resign voluntarily for health reasons?

An employee who has partially or completely lost his ability to work has the right to resign on his own initiative. To do this, he must draw up a statement indicating the reason and attach Required documents. Remember that working for two weeks is not required in this case.

Dismissal for health reasons is a serious matter that requires compliance with all legal norms. To avoid conflicts, you need to understand all the nuances and, if necessary, consult with a lawyer. Then you will be able to avoid many mistakes, and the law will be on your side.

Health problems lead to a person being unable to perform a number of life responsibilities. Using the example of work activity, this results in a decrease in individual indicators. In this sense, if an employee feels unwell, he or she may write for health reasons. In all cases he must rely cash payment. It's time to tell you what its size is and how to get a quote.

Labor legislation guarantees all citizens of our country to occupy positions in accordance with their state of health. Simply put, an employee must meet not only professional criteria, but also have sufficient health to perform work duties. The employer is responsible for caring for the employee's condition.

Turning to the legislation, you can see that Art. 81 of the Labor Code of the Russian Federation prohibits dismissing an employee during his temporary disability (illness). The exception is cases when during this period the liquidation of a legal entity or the closure of an individual entrepreneur occurs.

At the same time, in Art. 83 of the Labor Code of the Russian Federation talks about the legality of dismissing an employee for health reasons. For example, if a person experiences serious problems with his body and is unable to perform his usual work for a long period, he is fired. Moreover, it will happen for reasons beyond the control of the parties.

In accordance with the provisions of Art. 178 of the Labor Code of the Russian Federation, the dismissal of an employee is accompanied by the payment of monetary compensation -. The amount of allowance is wages for 14 days worked. All payments are made no later than the month of payment to employees.

From the point of view of legality, dismissal for health reasons is reflected in the articles of the Labor Code of the Russian Federation. The procedure requires mandatory payments from the employer. In case of violations of the procedure for issuing cash benefits, the victim has the right to file a complaint with the Labor Inspectorate.

Grounds for dismissal

Dismissal for health reasons occurs according to a regulated scheme. It is not allowed to replace the procedure with similar legal situations (for example, dismissal due to illness instead of layoff due to disability).

In all cases, a medical expert is involved in the case. The purpose of her work is to record the health status of employees who apply.

Disability is expressed in the following:

• Minor deterioration in health (headaches, fever).
• Temporary loss of ability to work without the need to seek medical help.
• Complete loss of ability to work and need for medical care.

1. Impaired health results in the employee being unable to perform his usual range of duties.
2. A medical expert commission recognizes the employee as disabled.
3. Deteriorating health poses a threat to other participants in legal relations (colleagues or clients).
4. Determining medical contraindications to engage in certain types of activities.

If it is impossible to resign due to health reasons, the employee can contact the employer with a request. According to the rules, a new place of work should not create discomfort for the employee’s health. The lack of alternative options usually contributes to voluntary dismissal. Alternatively, terminate the employment relationship by agreement of the parties. In these cases, the nature of dismissal payments will be different.

Registration of dismissal for health reasons: features of the procedure

Dismissal for health reasons must meet the requirements of labor legislation. The parties are not allowed to be guided by personal preferences or corporate ethics. Discovery may result in criminal liability. It is worth taking care of a competent approach in advance, namely, attracting personnel officers to prepare documents.

How to resign for health reasons:

• The first step will be to provide the results of the medical commission (for example, a certificate from the MSEC) about the nature of the health problems.
• Having accepted the certificate, HR staff check the document to ensure it is true.
• Having identified a deterioration in the employee’s health, the employer removes him from work.
• Next, the employee receives a list of vacancies at the current enterprise. New jobs are selected taking into account physical conditions.
• , return of the work book (with a note) and dismissal of the employee for health reasons.
• Preparation of settlement documents for the payment of severance pay (in accordance with Article 77 of the Labor Code of the Russian Federation).

The law does not allow an employer to refuse to dismiss an employee for health reasons. True, the latter must provide a medical report on his health. An unjustified refusal on the part of the employer is appealed to the labor inspectorate or in court.

Payments and settlement

When dismissing an employee, the employer is obliged to pay him the required salary. Let's consider an example within the framework of military personnel reduction.

According to the law, dismissal due to the state of health of a military personnel provides for the following payments:

1. Salary (for the period from the last billing month until the moment of incapacity for work).
2. One-time payment in the amount of 5 sizes wages(with continuous 10 years of service).
3. A one-time payment in the amount of 10 wages (for more than 10 years of experience).
4. A one-time payment of up to 20 salaries (with continuous 15-20 years of experience).
5. A one-time payment of 20 salaries (with more than 20 years of experience in the Armed Forces).
6. Cash for special services to the Fatherland (according to Resolution No. 993).
7. Medical and rehabilitation payments for treatment in the amount of one salary per year.
8. Financial compensation for non-use of military uniform is provided to military personnel whose service is over 20 years.
9. Social benefits for military personnel serving under a contract (40% of salary for up to 15 years of service, 3% of salary for all years of service for 15 years of service and above).

The calculation of payments due to the employee rests with the accounting department. However, it is in the employee’s interests to know for himself how monetary benefits are calculated. This will protect you from arrears and allow you to receive full compensation for termination of the employment contract.

Approximate payment calculation

The first step is to calculate the amount of daily earnings. To do this, you need to add up the payments received during the year and divide the total by 365. The resulting number is multiplied by 14 days (which are paid upon dismissal for health reasons).

On a note! If the dismissal is replaced by a transfer to a lower-paid position, the employee is paid the same salary for the first month.

Example: a person resigning wrote a letter of resignation due to health reasons. But before receiving disability, he worked the first 10 days of the month. This includes 28 days of legal leave. Let’s say the annual income was 600 thousand rubles, and the number of days worked was 245.

By simple calculations we get:

• 600,000 rubles / 245 days = 2448 rubles per day
• 10 workdays worked + 14 days (required for calculation) + vacation in the amount of 28 days = 52 days
• final formula: 52 days x 2448 rubles = 127,296 rubles

Along with the dismissal, the employer must pay the employee 127,296 rubles. Calculations are made no later than the period approved by the enterprise for the payment of wages to employees.

Consequences and violations

Dismissal is accompanied by a note being made to the employee. The wording of a job reduction must comply with the stipulated regulations. Personnel officers put exactly the mark that characterizes dismissal - in our case, “for health reasons.” The reason for dismissal and the basis for termination of the employment contract must be indicated. The next column “Name” must contain the date and number of the corresponding order. The indication of the document is certified by the seal of the institution in which the employee worked.

Responsibility for violation of labor laws includes a fine, disqualification and imprisonment. So, according to Part 1 of Art. 5.27 of the Administrative Code, violations on the part of the employer will cost him in the amount of 1 to 5 thousand rubles. Repeated violations entail a fine of 20,000 to 70,000 rubles or a two-year disqualification. Criminal liability is represented by imprisonment.

But what to do if the employer does not want to sign a letter of resignation and make payments? He says that either work or quit, as usual, if necessary, he can issue leave for treatment, but he doesn’t fire?

The child was often sick, so she often took sick leave. The employer said that he is not interested in such employees, either solve the problem or quit. What then do I have the right to do?

Anyuta, if you provide medical documents about your incapacity for work, then the employer does not have the right to refuse to dismiss you under this article. If he refuses, feel free to contact a lawyer, because this is a violation of the law.

IN last years Information has repeatedly appeared about the development of bills, the authors of which wanted to force employers to pay personal income tax on the income of their employees not at the place of registration of the employer-tax agent, but at the place of residence of each employee. Recently, the Federal Tax Service spoke out sharply against such ideas.

Dismissal due to health reasons

It happens that after several years of working for the same employer, an employee one fine day brings a medical report, from which it follows that he needs another, more easy job. In such a situation, the employer must offer the employee another job that suits him. And if the employee agrees to it, arrange a transfer for him to a new position (Article 73 of the Labor Code of the Russian Federation).

But if the employee does not agree or there are no suitable vacancies in the organization, then the only way out of the situation is dismissal for health reasons.

In this material, we do not consider the situation when an employee needs a job change for up to 4 months. In this case, the employee may also be offered a transfer to another position for the appropriate period, or he may be temporarily suspended from work without preserving his earnings (Article 73 of the Labor Code of the Russian Federation).

Responsibility for allowing an employee to perform unacceptable work

An employee must be removed from work that is unsuitable for him on the same day he submits the appropriate medical report. If the employer allows him to work in the presence of medical contraindications, then he can be fined for this (Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

• the head of the organization for 15,000 - 25,000 rubles;
• legal entity for 110,000 - 130,000 rubles.

Therefore, it is better to deal with the transfer of an employee or dismissal for health reasons as soon as possible.

The procedure for dismissal for health reasons when refusing a transfer

Under such circumstances, it is important to arrange everything correctly. Thus, the fact of an employee’s refusal to be transferred to another job must be recorded in writing. The employee can leave a note of refusal directly on the transfer offer itself or write a separate statement of refusal of the transfer.

After this, the employer must issue an order to dismiss the employee for medical reasons. Sign up for work book employee might look like this: “ Employment contract terminated due to the employee’s refusal to transfer to another job, necessary for him in accordance with the medical report, paragraph 8 of part 1 of Article 77 Labor Code Russian Federation».

As for payments upon dismissal for health reasons, in addition to the wages and compensation due to the employee for unused vacation (Article 127 of the Labor Code of the Russian Federation), he will also have to pay severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

Dismissal of an employee for health reasons in the absence of suitable work

If the organization does not have vacancies that could be offered to the employee, then he must be notified about this in writing in any form. The employee must sign the employer's copy indicating that he has read this notice.

Next, the employee must be dismissed for health reasons. It is necessary to draw up an order and make an entry in his work book: “The employment contract is terminated due to the employer’s lack of work, necessary for the employee in accordance with the medical report, paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation.” In this case, severance pay in the amount of two weeks' average earnings must also be paid.