Is it possible to lay off or dismiss a disabled person at the initiative of the employer - legal grounds. Proper dismissal due to disability

It is on the shoulders of the manager that all responsibility related to the implementation of the Labor legislation of the Russian Federation falls; the slightest mistake threatens the organization with serious problems. Dismissal due to disability is one of those processes about which you need to know absolutely everything, since almost every entrepreneur faces it.

The employee's health condition may deteriorate due to various reasons. This could be a work injury, a gradual deterioration in health, and much more. Before you start studying how to fire a disabled person, it is important to understand whether the company needs this particular employee and whether he is able to perform his duties if he receives one of the disability groups. If, after making a sad diagnosis, a person cannot effectively cope with the tasks assigned to him, then he will have to give him a settlement.

Methods for dismissing an employee due to disability

So, you are faced with the question of how to fire a person medical indications. Of course, you are the boss, which means you can write a statement to the HR department with any of the reasons for laying off an employee. But you always want to remain human, so there are three options for what entry to make in the labor record for a former employee:

According to Article 83 Labor Code RF, clause 5, part 1. That is, due to reduction - a reason independent of both parties.
The Labor Code allows a disabled person to resign by at will.
A mutual agreement between the two interested parties is possible. This option is especially relevant for a pensioner who does not want to have unnecessary problems with the Pension Fund.

Naturally, you will need a clear understanding of the laws so that you do not have any troubles with various government agencies in the future, especially when it comes to the first option.

Types of disability

In our state, a person can receive 3 disability groups, which differ from each other and have their own specifics. This point is fully regulated by Art. 1 of Federal Law No. 183 “On social protection disabled people in the Russian Federation."

Specifics of disability groups:

1st disability group.

Assigned to a person if he does not have the ability to move independently, perform various actions, has lost spatial orientation or cannot control his mental state.

Disability group 2.

Assigned if a person cannot carry out any actions without the help of other people or special aids. That is, a disabled person of the second group is able to drive active life, only if he receives outside help.

3 disability group.

Assigned in situations where full life is possible only with the use of auxiliary means. That is, he can move around, do some work independently, do everything himself, but in limited and specially created conditions.

The first two groups of disability allow you to dismiss a person under the article, while the last option may become a reason for providing another job.

How to fire an employee under an article?

In order for Article 83 to come into force legal force, you will need to carefully analyze all the documents provided and find in them the basis for dismissal. The main documents that the employee provides you are a certificate of disability and a certificate of temporary incapacity for work, which also indicates information about the disability.

The procedure here is as follows:

Assess the employee's ability to perform the required amount of work. Only complete inadequacy for the position held is grounds for dismissal under the article.
Consider transferring the person to another position if medical certificate allows him to engage in any activity. According to the standards, an employee is considered to have completely lost his ability to work only if he is assigned the first or second group of disability, or if there is a third group, the 3rd degree of limitation in his ability to work is indicated.
If the employee cannot fulfill his duties and there is no other suitable salary for him in the company, then all the conditions for dismissal are met. An order should be issued in accordance with the article of the Labor Code.

A sample order can be viewed here: unified order form No. T-8.

How can you ensure that you don't get into trouble with the law?

When dismissing a disabled person, you will need not only an order, but also evidence of his disability. To do this, the employee must pass medical examination and provide a certificate. If a person does not want to undergo such a procedure on his own, but you see that he has ceased to cope with his responsibilities, then he can be sent for examination forcibly. To do this, you should be guided by Art. 76 and art. 212 of the Labor Code of the Russian Federation, which allows you to dismiss an employee if he refuses a mandatory medical check.

What a person will need to be assigned one of the disability groups:

Sign up for the VTEK commission.
Obtain from your attending physician a special form No. 088/у-06.
Submit an application addressed to the chairman of the commission, have your passport and a photocopy of it with you.
Directly during the examination you must have with you medical card from the clinic.
Bring a certificate from your place of work if damage to health was caused during the performance of official duties.
Provide a copy work book, as well as a certificate of income and a reference from the head of the enterprise.

After passing the examination, members of the VTEK commission give an opinion and assign one of the disability groups. The employee presents the received certificate at the place of work and at Pension Fund to apply for a pension. Only if you have such a document can you dismiss a person without problems with the Law in accordance with clause 5, part 1, art. 83 Labor Code of the Russian Federation.

It is worth noting that a disabled person may fall under Art. 77 and the Labor Code of the Russian Federation, when you must offer him another job that will allow the person to earn money even with limited opportunities.

When dismissing a disabled person, you will need not only an order, but also proof of his inability to work. To do this, the employee must undergo a medical examination and provide a certificate.

Severance pay

This is very important point, because by law Russian Federation provided financial compensation a person who has lost his ability to work due to disability.

Financial assistance to a dismissed disabled person is regulated by Art. 178 Labor Code of the Russian Federation. You are required to pay former employee two weeks' allowance if he is found to be completely unable to perform his work duties. Payouts are calculated based on sizes wages employee.

If a person maintains a certain level of performance, but is unable to perform assigned tasks at his workplace, then you must help him financial assistance and at the same time offer an alternative position.

Do not forget that such an employee may often be sick, which means that absenteeism cannot be entered on the work sheet, since illness is a valid reason for not showing up for work.

In conclusion, I would like to note that although most employers prefer to hire healthy employees, nevertheless, hiring a disabled person has its advantages. For example, a reduction in taxes for an organization, the possibility of taking out a non-repayable loan and much more. In any case, you need to weigh all the pros and cons.

Sustained changes in the state of human health, provoking a violation of vital important functions, which doctors call disability, is one of the reasons for termination of an employment contract this employee with the company where he works. Dismissal due to disability is provided for by the standards labor legislation. There is also a procedure and situations according to which the employment relationship is terminated in this case.

A worker’s complete loss of ability to work is considered grounds for his dismissal from work at a given enterprise, for reasons beyond the control of the parties, in accordance with clause 5, part 1, article 83 of the Labor Code of the Russian Federation. In addition, such an employee also has the right to resign at his own request or by agreement reached with the employer.

As a rule, the news of the loss of working capacity of a working specialist is quite often the reason for the termination of employment relations with him. But, if you fire him incorrectly or improperly follow the procedure, the organization may incur administrative and even criminal liability for violation of labor laws and employee rights.

In what cases does dismissal occur?

In order for the grounds provided for in Article 83, Part 1, Clause 5 of the Labor Code of the Russian Federation to be applicable in a specific situation, it is the employer who needs to request and analyze documents establishing the degree of disability of this employee. It is necessary to check whether this loss is complete or partial, whether this person can fulfill his previous job responsibilities or not. After all, only a complete loss of the ability to perform one’s job duties is considered a reason for dismissal for reasons beyond the control of the parties.

If the loss of ability to work is unstable, and a person is assigned a disability, for example, of the third group, then there is a good chance that he will restore his health and be able to perform the work assigned to him. And an employee, even one with a disability group, may well perform certain work that corresponds to the degree of disability. If the health condition of a disabled person does not prevent him from performing his job duties at the enterprise, then the employer does not have the right to fire him. Otherwise, this will be considered an initiative of the employer, and the Labor Code of the Russian Federation does not give the enterprise the right to fire this person in this way.

In the event that such an employee is contraindicated for the specific work he previously performed, he should be transferred to another, easier job that is suitable for his state of health, if, of course, the enterprise or organization has one. If an employee refuses such a transfer in writing, he may be dismissed in accordance with clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.

Based on the above, we can conclude that the dismissal of a disabled person can be carried out at an enterprise only in the following cases:

His health condition does not allow him to perform the duties assigned to him, or these working conditions further aggravate the employee’s situation;
There are no vacancies at the company, with more easy conditions labor that suits him in the group;
In case of refusal of the offered positions in writing;
A disabled employee wanted to leave work of his own free will.

Termination of an employment contract with a disabled person is also possible by mutual agreement of the parties, since the Labor Code of the Russian Federation does not contain restrictions for any of the categories of persons with whom the contract can be terminated according to this wording. So, if there is mutual agreement on this issue, then this may be a completely acceptable solution.

It must also be remembered that, depending on the reason and wording of dismissal from a position of an employee who has received a disability, certain compensation (severance pay) must be established for him.

Payments

If the employment relationship with a disabled person is terminated on his initiative, then in addition to compensation for unused vacation and wages, the enterprise should not make any other payments.

Severance pay upon dismissal due to disability is paid only if the employee is dismissed on the grounds set out in Art. 83 of the Labor Code of the Russian Federation, part 1, clause 5, or if the employment relationship is terminated under Art. 77 of the Labor Code of the Russian Federation, part 1, clause 8, due to the fact that he refuses in writing to be transferred to the proposed other, easier job, shown to him for health reasons. In both of the above cases, severance pay is paid, the amount of which must be equal to his average earnings for two weeks.

Thus, there is a difference when a person completely lost his ability to work, having received a disability of the first group, and when, due to a health condition, he received an unstable loss of ability to work or partially retained it. In the second case, an employee can be dismissed according to the above wording only if he refuses in writing the proposals offered to him. vacant positions at the office. The law does not provide for other grounds for forced termination of an employment contract with such employees.

A person with limited functions, recognized as such by a medical certificate, is considered disabled. Dismissal of a disabled person of group 3 can be carried out for several legal reasons. Labor legislation does not give an employer grounds to fire an employee with limited work capabilities simply because he is disabled. In addition, the third group of disability is not a complete loss of ability to work, but only partial. Let's consider cases when it is allowed legal dismissal this category of employees, and in what order it occurs.

Do not forget that the legislation especially protects the rights of disabled workers at the enterprise, so you should not terminate the employment relationship with an employee who cannot perform the same job at the same place. high level. It is quite possible that he will become a valuable personnel in another specialization or position. And the state quite often obliges and encourages, in some cases, the employment of representatives of vulnerable groups of the population.

In what cases is an employment contract with a disabled person terminated?

Stop employment contract with a disabled employee is possible only if he is recognized by a medical expert opinion as completely incapable of any work activity. Only a written document about the employee’s permanent loss of ability to work can be considered a legal basis for terminating an employment contract with him. And in this case, the law does not oblige the enterprise to transfer it to easier working conditions, since the loss of the ability to work is complete. The situation is a little different with an employee who has received the third group of disability, and for whom, according to medical indications, lighter work is recommended.

In order to find out how to fire a disabled person of group 3, you need to refer to the norms of the Labor Code of the Russian Federation. The procedure for dismissal of this category of workers is such that, with medical prescriptions, if this employee is contraindicated for work in this position, he must first be offered all the vacancies available at the enterprise that are suitable for him due to health reasons. But after he refuses all types of work (which is unlikely), then he can be fired according to the wording specified in paragraph 8 of Art. 77 Labor Code of the Russian Federation.

Establishing a disability of the third group does not yet give the organization the right to consider that he cannot perform his labor functions. It is necessary to check whether it is contraindicated for him to perform his official duties. And it is the responsibility of the employer himself to make sure whether it is possible to leave a specialist in his position, or whether it is necessary to adjust the working conditions, or even offer another job.

It also happens that there are simply no available vacancies at an enterprise. And in this case, you need to inform the employee that there are no vacancies at the enterprise. All negotiations with a disabled employee must take place in writing. Refusal of proposed positions that are more suitable for health reasons for the employee must also be recorded in writing. Because it is this document that will confirm that he himself refused the vacancy.

Is it possible to fire a disabled person of group 3 at his own request?

Every employee can resign of his own free will, regardless of his state of health or other factors. In addition, it is possible to dismiss an employee with a disability by agreement of the parties. As a rule, the company undertakes, in accordance with the agreement, to pay compensation to the dismissed person.

And although the loss of ability to work in this case is unstable, and labor functions can be restored; many employees prefer dismissal of their own free will, due to a 3 degree disability. This is due to the fact that for many, the news of disability becomes a real challenge. And it takes some time to get used to this thought, or, conversely, to take action. active actions to restore your health. In any of these cases, the employee has the right not to leave his position. Employers themselves sometimes force their subordinates to write a letter of resignation due to the fact that there are no available places for such a specialist.

If the dismissal of a group 3 disabled person at his own request is the true motive for his departure, then the general procedure for terminating the employment relationship in this case is applied. The employee writes a statement, as in the usual case, two weeks before leaving his position. The company has the right to allow him not to complete the required two weeks of work if his state of health precludes this possibility. On the day specified in the application, the employment contract with the disabled person is terminated, he is paid compensation for all unused vacations, and is given a work book, along with certificates of income and deductions.

In our country, the rights and opportunities of people with disabilities are protected by numerous laws, which helps to avoid discrimination in society. In particular, this concerns aspects of the working life of the adult population. Disabled people different groups can work at ordinary and specialized enterprises on a general basis; it is unacceptable to apply more stringent requirements to them or to find fault with them. A special issue in personnel matters is the correct procedure for dismissing a group 2 disabled person. If you got a job at a company healthy man who then became disabled, many employers try to “get rid of” such an employee as quickly as possible. Is it correct? Is it possible to fire a disabled person? Is it possible to fire someone who has become disabled while at the enterprise?

Practice and theory

Working disabled people of group 2 are not uncommon in our society. What should a company manager know in order to resolve the issue correctly?

In practice, many entrepreneurs are afraid to work with people with disabilities. It is known that for such people, according to the law, it is necessary to create special jobs, provide them with benefits, payments, additional days vacation. But what happens in reality? Many disabled people are so in need of money (and living on government payments impossible) that they are ready to agree to any job where they can be hired, without regard to the conditions and preferences provided by law - as long as there is at least some kind of salary. And such specialists often work better, better, more productively than ordinary personnel, since they are interested in maintaining their position. And yet, sooner or later, almost any employer is faced with the need to calculate severance pay when dismissing a group 2 disabled person, as the person leaves his job.

How does this happen?

There are several options. In a number of cases, a group 2 disabled person is dismissed at the initiative of the employer, usually justified by the fact that the employee violates labor discipline, fails to cope with the tasks assigned to him.

No less often, personnel matters solve another issue. It is necessary to document correctly the dismissal of a group 2 disabled person at his own request. There are many reasons for this - people move to a more profitable or better place of work or decide to give up completely labor practice, since they accumulate enough experience to receive a pension. Finally, it is possible to dismiss a disabled person of group 2 for health reasons when the medical report contains requirements that cannot be met at the current place of work.

Papers are important!

In any of the listed cases, it is absolutely important to formalize the dismissal of a group 2 disabled person correctly. If the labor inspectorate comes, it is guaranteed to be interested in this sensitive issue and will double-check all the employer’s actions regarding the employee with disabilities. To protect yourself from fines and problems, you need to establish document flow in the HR department.

It must be said that employing disabled people from the very beginning is not an easy task, so many entrepreneurs try not to contact such workers at all. And in vain, because by doing so they deprive themselves of the opportunity to receive preferences and benefits from the state. The more people with disabilities are employed by the company, the greater the benefit. In general, benefits for disabled personnel are much less than the benefits that the government gives to the employer who provides these people with jobs.

Dismissal and disability

If, for some reason, it was decided to terminate the employment relationship with the employee (you must remember about job quotas for people with disabilities), it should be taken into account that dismissal is carried out approximately the same for all groups (1, 2, 3). The main thing is to follow the necessary procedure.

The easiest way to dismiss a group 2 disabled person is an action justified by a medical report. That is, doctors indicate in which positions, with which operations a person cannot work. If the current position falls under this list, the employment contract must be terminated. This is stated in Article 83 of the Labor Code. In addition to the requirements of the Labor Code, it is important to take into account Federal Law 181, dedicated to the rights of persons with disabilities in the Russian Federation. Among other issues, it also reveals the employment of people with disabilities and its features.

To fire or not to fire?

Doctors may decide that a disabled person needs to either create special working conditions or fire him from his current position. If the medical report contains the first conclusion, simply dismissing a group 2 disabled person is an illegal action. By law, the employer must provide the employee with suitable working conditions.

Many are convinced that this is too expensive, so they are ready to pay fines just to fire a disabled person. But in fact, state social assistance programs have been in place for several years now, providing subsidies for the registration of places for workers in accordance with an individual rehabilitation program. The right approach addressing this issue allows us to solve problems with quotas for jobs for people with disabilities - the enterprise will always comply with the norm established by law.

An employee has become disabled: no reason to panic

Quite often, the question of dismissal of a disabled person of group 2 is raised in relation to a person hired on a general basis, but who received a disability already during the period when he was employed at the enterprise. In such a situation, you should not rush to the decision to get rid of the employee. According to the law, it is necessary to first consider the possibility of creating a workplace that would allow a person with disabilities to work on an equal basis with others.

If the employer believes that providing working conditions for disabled people of group 2 at his enterprise is too difficult and expensive, he can consider options for positions to which he will transfer the disabled employee. New position must correspond to the characteristics of human health. However, the employee has the right not to agree to the transfer. It is also possible that there is simply no suitable vacancy at the enterprise. If these conditions are met, the employer has the right to initiate termination of the employment relationship with the person with disabilities.

We are reducing staff: conditions for everyone

There are often cases when an entrepreneur is ready to give work to disabled people of group 2, but due to the complexity economic situation or other reasons is forced to reduce personnel at the enterprise. Full-time employees are subject to this reduction, regardless of their health status. That is, disabled people can be fired according to the same rules that apply to other workers.

It is important!

It is important to remember that a reduction cannot be applied if the employee is a pregnant woman or raising a child less than three years old, as well as a single mother with a child under 14 years of age. Special conditions apply to those mothers raising disabled minor children. In addition, the scheme for selecting workers who remain at the enterprise during the staff reduction program is quite complex, forcing workers to be assessed according to a number of criteria. significant criteria. The main indicators here are indicators of qualifications, efficiency, productivity, but not health.

For disabled people, preferences for layoffs are possible only in one case - when these particular employees turned out to be the most highly qualified and productive. Then, among the best, the selection is made, first of all, paying attention to persons with disabilities, as well as those who have children who have acquired occupational diseases. There are several other categories that have increased chances keep a job while being laid off. Full current list can be found in federal laws RF and TK.

An employee has become disabled: what to do?

This situation has already been briefly discussed above. Acquiring disabled status for an employee can become both a path to receiving preferences and a reason to lose workplace, if the employer considers that it does not have the ability to provide working conditions or a suitable position. In general, the situation is not as complicated as many people think, and the Federal Law and Labor Code provide detailed recommendations, what to do in this case, avoiding violations of laws.

As for the recommendations of specialists, the first thing that HR professionals advise to do is to invite the employee to dialogue. The employer must ensure that the employee is interested in continuing to work. You need to understand that becoming disabled is a difficult life situation, and many people, finding themselves in it, behave unstable, indecisively, not yet fully realizing what they are faced with. Therefore, you need to be prepared for the fact that the decisions they make will change over time. But if during the interview the employee showed a firm intention to continue working, the further procedure can begin.

What to do and how?

If it has been revealed that the employee wants to continue working and is interested in working efficiently, not inferior to his previous performance, the employer must carefully study the individual rehabilitation program drawn up by doctors when conducting a conclusion that established the fact of disability.

Please note that the action plans are different for different disability groups. So, if a person was assigned the first group, then there is a possibility that the employee will no longer be able to work in principle, even if he really wants to. A conclusion about the loss of the opportunity to work is drawn up and signed by ITU workers. There are no employment recommendations in the IRP of such a person with disabilities. Dismissing such a disabled person is as easy as shelling pears - the company simply terminates the employment contract, which is legally possible if the employee is declared unable to work. True, when saying goodbye to a person, you will have to pay him a small amount - two weeks' severance pay, calculated on the basis of average earnings.

I do not want to work!

A situation is possible when doctors draw up a conclusion about disability of the second or third group, but the person himself, faced with such life situation, I couldn’t find the strength to continue labor activity. To part with such an employee, it is necessary to convince him to write a letter of resignation, that is, the procedure is carried out at the staff’s own request and is similar to the classic one applied to non-disabled people. Alternative option- draw up an agreement between the parties, from which the dismissal of the newly disabled person follows.

I want to work!

The most common situation in practice is recognition of a person as disabled who wants to continue working. It is possible to keep his job only if the employer can provide suitable working conditions, clearly stated in the medical report. An individual rehabilitation program contains instructions on what the employer should do.

The simplest option is an IPR, the conditions in which coincide with those in which the person worked. This means that the employee can continue to work and does not need to make any investments in the design of the workplace.

The situation is somewhat more complicated when the IPR recommends changing working conditions. At the same time, the changes are quite insignificant, so no adjustments to the employment contract are required. So, doctors may recommend reducing the load on a person. The employer will have to change the standards applied to the person, if any.

Finally, the third option is an IPR, from which it follows that the employment contract concluded between the employee who has received a disability and the enterprise will have to be adjusted. In some cases, additional special conditions are created; in others, the employee is transferred to another position that is more appropriate to his condition. All these changes are strictly officially recorded in the agreement between the company and the individual.

The possibility of continuing to work does not always depend on the will of the parties. Establishing the fact of total or partial disability can directly affect physical ability work. In such cases, dismissal due to disability is allowed; the procedure has specific features for both parties to the employment relationship.

Legal grounds for recognizing disability

Dismissal for medical reasons is a forced measure, even if the employee performed his or her job duties in full. A citizen can be dismissed from work only in compliance with the mandatory requirements regulated by law.

To officially confirm the fact of incapacity for work, the following circumstances must be met:

the employee must undergo an official examination by the MSEC;
the establishment of the fact of disability must be confirmed by the issuance of the established document - a certificate of disability;
If a disability is established for a certain period of time, regular re-examination is required.

Not always the determination of disability implies the impossibility of continuing to work. To establish specific conditions further actions it is necessary to establish the disability group and the nature of the disease.

Disability can be complete or partial, this directly affects the choice of disability group. On this moment Three possible groups have been officially established, of which only the first group implies complete disability of the citizen.

Confirmation of the fact of disability occurs based on the results of a formalized procedure - an examination by MSEC. Only specified bodies have the right to record this circumstance and issue the appropriate supporting document. Survey and detection certain group disability is carried out based on the rules and standards established for each category of medical diseases.

Disability can be established for a certain period or registered for permanent term, i.e. indefinitely. If the MSEC body has recorded a temporary period of incapacity for work, it is subject to annual confirmation during re-examination procedures.

In order for the determination of disability to affect the employee’s labor relations, this fact must be brought to the attention of management. For this purpose, the specialist is required to submit a certificate of disability in the established form, after which the parties to the employment contract face legally significant consequences.

Legal consequences of disability for the parties to labor relations

From the moment of official notification of the fact of disability, management has responsibilities to decide on the further continuation of the subordinate’s work activity. However, regardless of the established group and the nature of the disease, a disabled person has the opportunity to resign at his own request.

Termination of work for health reasons at the initiative of a disabled person will be formalized according to general rules regulated by the Labor Code of the Russian Federation. However, the presence of medical indicators eliminates the need to comply with the two-week work requirement.

To decide on the further nature of the employment relationship, the following circumstances are important:

disability of group I - entails the obligation to terminate the employment relationship, since in this case the nature of the disease is permanent and irreparable;
disability of group II - entails a serious limitation on the ability to continue working, and therefore requires the choice of new forms of employment for citizens;
disability Group III– is a removable circumstance and, in some cases, may not require a mandatory change in the nature of the work.

Dismissal due to disability of the 1st group is formalized according to clause 5 of Art. 83 of the Labor Code of the Russian Federation, since complete disability prevents the citizen from finding another place of work. An indication of this nature of disability is contained in the MSEC certificate and cannot be arbitrarily disputed by management.

The dismissal of a disabled person of group 2 requires the administration of the enterprise to comply with mandatory measures for the employment of the employee. To do this, all possible vacancies in the enterprise must be offered that a disabled person can occupy according to medical indicators. To be able to transfer to one of the proposed vacancies, the specialist must express written consent.

If there are no such vacancies on the staff of the enterprise, or the disabled person has not agreed to change his place of work or job function, management has the right to begin the termination procedure labor agreement on their own initiative. During the process of dismissal, a disabled person has the right to receive additional support measures, including at the expense of the employer.

Is it possible to fire a group 3 disabled person without his consent? This category of disability may not lead to restrictions in work activity, and after a certain time has elapsed it can be removed altogether upon examination by MSEC. In order to respect the rights of both parties to the employment agreement, the following options are available:

the employee receives a medical report indicating the established restrictions on working conditions;
the management provides for the release of a specialist from performing duties included in the list of medical restrictions, while his position and place of work may not change;
by agreement between the parties, changes can be made essential conditions labor activity (transfer to another place of work within the enterprise structure, change of position, etc.).

If the performance of labor duties provided for job description, is impossible for medical reasons, and transfer to another vacancy is impossible, dismissal of a disabled person of group 3 is allowed at the initiative of the employer.

The procedure for dismissal at the initiative of the employer

If maintaining the employment relationship is impossible, management will have to take procedural steps to dismiss the disabled person. To do this, the following circumstances must be documented:

the fact of disability that prevents the citizen from further work;
absence possible options employment of a disabled person (lack of vacancies in the staff structure of the enterprise);
lack of specialist consent to change position or job responsibilities.

Establishing these grounds makes it possible to proceed to the preparation of documents. The legal fact of making a decision on dismissal must be recorded by an order from the head of the enterprise, which indicates the reason and date of termination of the employment relationship.

The dismissed specialist must familiarize himself with the dismissal order against signature. Upon examination of the contents of the specified document, the disabled person signs on the order form. The contents of the order and the fact of its approval by the manager will be the basis for making an entry in the work book, as well as for settlements with the citizen, which includes benefits for dismissal due to disability.

A sample entry in the work book must include a note about the reason for dismissal - complete or partial disability of the citizen. The article of the Labor Code under which the employment contract is terminated must also be indicated.

The completed work book is issued to the specialist on the last day of going to work; its receipt must be signed in the personal personnel file. The work book entries must include information about all information related to the duration of work at this enterprise.

Guarantees upon dismissal due to disability

For cases of termination of labor relations due to total or partial incapacity for work, the legislation establishes additional measures social support, the responsibility for compliance with which rests with management.

Upon termination of an employment agreement at the initiative of management, a disabled person has the right to receive the following payments:

monetary remuneration based on the actual time worked;
allowances, additional payments and compensations provided for in the labor contract;
payment for the number of days of unused vacation;
severance pay upon dismissal due to disability.

Upon dismissal on this basis, the law obliges the disabled person to be paid severance pay, which is equal to the average salary of a specialist for two weeks. This compensation payment is calculated based on the amount of the employee’s monetary remuneration for 12 months, which is divided by the number of days worked per year. Monetary remuneration does not include amounts of bonuses, vacation pay and other payments not directly reflected in the terms of the employment agreement.

The amount of compensation benefits upon termination of an employment agreement is not subject to taxes and fees and is paid to the employee in full (except for cases where its amount exceeds the approved limits).

To calculate and pay benefits, the following conditions must be met:

a fact of incapacity for work has been established that prevents continuation of work under the same conditions;
there is no possibility of transferring a disabled person to another job, or changing his current job responsibilities;
termination of the employment agreement was initiated by a decision of management.

If a disabled person independently decided to stop working and submitted a letter of resignation of his own free will, there are no legal grounds for payment of benefits.