Is it possible to reduce or dismiss a disabled person at the initiative of the employer - legal grounds. Proper Disability Dismissal

It is on the shoulders of the head that all the responsibility associated with the implementation of the Labor legislation of the Russian Federation falls, the slightest mistake threatens the organization with serious problems. Disability dismissal is one of those processes that absolutely everything needs to be known about, since almost every entrepreneur faces it.

The health status of an employee may deteriorate different reasons. It can be a work injury, a gradual deterioration in health, and much more. Before you start learning how to fire a disabled person, it is important to understand whether the company needs this particular employee and whether he is able to fulfill his duties when receiving 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 calculation.

Ways to dismiss an employee due to disability

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

Article 83 Labor Code RF, p. 5, part 1. That is, by reduction - for a reason that is independent of both parties.
The labor code allows a disabled person to quit own 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 in the future there will be no trouble with various government agencies, especially when it comes to the first option.

Types of disability

In our country, a person can receive 3 groups of disability, which differ from each other and have their own specifics. This moment is fully regulated by Art. 1 of Federal Law N 183 "On social protection disabled people in the Russian Federation.

Specifics of disability groups:

1 group of disability.

Assigned to a person in the event that he does not have the ability to move independently, perform various activities, lost spatial orientation or cannot control his mental state.

2 group of disability.

Assigned if a person cannot perform any action without the help of other people or special aids. That is, a disabled person of the second group is able to lead active life only if he gets outside help.

3rd disability group.

Assigned in situations where full life possible only with the use of aids. That is, he can move around, independently perform some work, 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 be the reason for providing another job.

How to fire an employee under the article?

For Article 83 to come into force legal effect, 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 sheet of temporary disability, which also indicates information about the disability.

The procedure here is:

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

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

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

When dismissing a disabled person, not only an order will be required, but also evidence of his disability. To do this, the employee must 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 duties, then he can be sent for examinations forcibly. For this, Art. 76 and Art. 212 of the Labor Code of the Russian Federation, allowing to dismiss an employee if he refused a mandatory medical examination.

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

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

After passing the examination, the members of the VTEC commission give an opinion and assign one of the disability groups. The employee presents the certificate received at the place of work and in pension fund to apply for a pension. Only if you have such a document, you can fire a person without problems with the Law in accordance with clause 5, part 1, art. 83 of the 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 have to offer him another job that will allow a person to earn money even with limited opportunities.

When dismissing a disabled person, not only an order will be required, but also proof of his disability. To do this, the employee must undergo a medical examination and provide a certificate.

severance pay

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

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

If a person maintains a certain level of efficiency, but is not able to perform the assigned tasks at his workplace, then you must give him financial assistance and at the same time offer an alternative position.

Do not forget that such an employee can often get sick, which means that it will not be possible to put absenteeism on the worksheet, since illness is a good reason for absenteeism.

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, lowering the level of taxes for the organization, the possibility of taking a non-refundable loan, and much more. In any case, you need to weigh all the pros and cons.

Persistent changes in the state of human health, provoking a violation of vital important functions, which doctors call disability, is one of the reasons for terminating an employment contract this employee with the company he works for. Dismissal due to disability is provided for by the norms labor law. There is also an order, and situations, according to which the termination of labor relations occurs in this case.

The complete loss of the employee's ability to work is considered the basis for his dismissal from work at this 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 quit at his own request or by agreement with the employer.

As a rule, the news of the disability of a working specialist is quite often the reason for terminating employment relations with him. But, if you dismiss him incorrectly, 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 a layoff 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 particular situation, it is the employer who needs to request and analyze documents on establishing the degree of disability for this employee. It should be checked whether this loss is complete or partial, whether this person can fulfill his previous official duties or not. After all, only a complete loss of the ability to perform their job duties is considered a reason for dismissal for reasons beyond the control of the parties.

If the disability 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. Yes, and an employee, even with a disability group, may well perform certain work, which corresponds to the degree of disability. If the state of health of a disabled person does not prevent him from performing his duties at the enterprise, then the employer does not have the right to dismiss him. Otherwise, it will be considered the initiative of the employer, and the Labor Code of the Russian Federation does not give the enterprise the right to dismiss this person in this way.

In the case when such an employee is contraindicated for the specific work he previously performed, he should be transferred to another, easier job, suitable for the state of his health, if, of course, there is one at the enterprise or organization. If the employee refused such a transfer in writing, then he may be dismissed in accordance with paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Based on the foregoing, it can be concluded that the dismissal of a disabled person can be carried out at an enterprise only in such cases:

The state of his health does not allow him to perform the duties assigned to him, or these working conditions further aggravate the position of the employee;
There are no vacancies at the enterprise, with more than light conditions labor, suitable for him in the group;
In case of refusal of the proposed positions in writing;
An employee with a disability 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 such wording. So, if there is mutual agreement on this issue, then this may be a perfectly acceptable solution.

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

Payouts

If an 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 forth in Art. 83 of the Labor Code of the Russian Federation, part 1, clause 5, or if the termination of labor relations occurs 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, a 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 has completely lost his ability to work, having received a disability of the first group, and when, due to a health disorder, he received an unstable disability or partially retained it. In the second case, it is possible to dismiss an employee according to the above wording, only if he refuses in writing the proposals vacancies at the office. The law does not provide for other grounds for the forced termination of an employment contract with such employees.

A disabled person is a person with limited functions, recognized as such, according to a medical report. The dismissal of a disabled person of group 3 can be carried out for several legal reasons. Labor law does not give an employer grounds to fire an employee with disabilities, just because he is disabled. In addition, the third group of disability is not a complete disability, but only partial. Consider the cases where legal dismissal this category of employees, and in what order it occurs.

Do not forget that the legislation specifically protects the rights of disabled workers at the enterprise, so you should not terminate an employment relationship with an employee who cannot perform his previous job at the same high level. It is quite possible that he will become a valuable asset 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 does an employment contract with a disabled person terminate?

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 on the permanent disability of an employee 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 slightly different with an employee who has received the third disability group, and for whom, according to medical indications, lighter work is recommended.

In order to find out how to dismiss a disabled person of group 3, you need to refer to the norms of the Labor Code of the Russian Federation. The procedure for the dismissal of this category of workers is such that, under medical prescriptions, if this employee is contraindicated in working in this position, he must first be offered all the vacancies available at the enterprise that suit him for 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 of the Labor Code of the Russian Federation.

The establishment of disability of the third group does not yet give the organization the right to consider that he cannot perform his labor functions. It should be checked 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 correct working conditions, or even offer another job.

It also happens that there are simply no vacancies at the enterprise. And in this case, you need to inform the employee that there are no vacancies at all at the enterprise. All negotiations with an employee with a disability must be in writing. Refusal of offered positions that are more suitable for health reasons for this employee must also be recorded in writing. Since it is this document that will be confirmation that he himself refused vacancies.

Is it possible to dismiss a disabled person of group 3 at will

Every employee can resign voluntarily, regardless of their state of health or other factors. In addition, it is allowed to dismiss an employee with a disability by agreement of the parties. As a rule, the enterprise undertakes, in accordance with the agreement, to pay compensation to the dismissed person.

Although the loss of work capacity in this case is unstable, and labor functions can be restored, many employees prefer dismissal of their own free will, due to disability 3 gr. This is due to the fact that for many, the news of disability becomes a real test. And it takes some time to get used to this idea, or, conversely, to take active actions to restore your health. In any of these cases, the employee has the right not to leave the position. Employers themselves sometimes force their subordinates to write an application for resignation due to the fact that there are no vacancies for such a specialist.

If the dismissal of a disabled person of the 3rd group at his own request is the true motive for his departure, then the procedure for terminating an employment relationship in this case is the general one. The employee writes a statement, as in the usual case, two weeks before leaving the position. The enterprise has the right to allow him not to finish the prescribed two weeks, if the state of health excludes such a 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 a work book is issued in his hands, along with certificates of income and deductions.

In our country, the rights and opportunities of persons 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 different groups can work in ordinary and specialized enterprises on a common basis, it is unacceptable to apply more stringent requirements to them, to find fault. A special issue of personnel matters is the correct procedure for dismissing a disabled person of group 2. If you have been hired by the company healthy man who then received a disability, many employers try to "get rid" of such an employee as quickly as possible. Is it correct? Can a disabled person be fired? Is it possible to dismiss someone who became disabled while at the enterprise?

Practice and theory

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

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 arrange special jobs, provide them with benefits, payments, extra days holidays. But what happens in reality? Many disabled people are in such need of money (and to live on government payments impossible) that they are ready to accept any job where they can be taken, regardless of the conditions and preferences laid down by law - as long as there is at least some kind of salary. And such specialists often work better, better, more productive than ordinary staff, as they are interested in keeping their position. And yet, sooner or later, almost any employer is faced with the need to calculate severance pay upon dismissal of a disabled person of group 2, as a person leaves his job.

How does this happen?

There are several options. In a number of cases, a disabled person of the 2nd group is dismissed at the initiative of the employer, usually justified by the fact that the employee violates labor discipline does not cope with the tasks assigned to him.

No less often, the personnel matter solves another issue. It is necessary to document correctly the dismissal of a disabled person of the 2nd group at his own request. There are many reasons for this - people move to a more profitable or high-quality place of work or decide to completely abandon labor practices, as they gain sufficient 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.

Paperwork is important!

In any of these cases, it is categorically important to draw up the dismissal of a disabled person of group 2 correctly. If the labor inspectorate comes, it is guaranteed to be interested in this sensitive issue and double-check all the actions of the employer regarding the employee with handicapped. To protect yourself from fines and problems, you need to establish a document flow in the personnel department.

It must be said that the employment of 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, benefits from the state. The benefit will be the greater, the more people with disabilities are employed in the company. In general, the benefits for staff with disabilities are much less than the benefits that the power gives to the employer providing these people with jobs.

Dismissal and disability

If, for some reason, it was decided to terminate the employment relationship with the employee (at the same time, one must remember about the quota of jobs for the disabled), it should be taken into account that the dismissal is approximately the same for all groups (1, 2, 3). The main thing is to follow the necessary procedure.

The easiest way to dismiss a disabled person of group 2 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 the 181st federal law on the rights of persons with disabilities in the Russian Federation. Among other issues, it reveals the employment of people with disabilities, 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, just like that, the dismissal of a disabled person of group 2 is an illegal act. By law, the employer must provide the employee with suitable working conditions.

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

The worker became disabled: no reason to panic

Quite often, the issue 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. By law, it is necessary first to consider the possibility of creating a workplace that would allow a person with a disability to work on an equal basis with others.

If the employer considers that providing working conditions for disabled people of the 2nd group at his enterprise is too complicated and expensive, he can consider options for positions to which he will transfer an employee who has become disabled. New position should be in line with the individual's health needs. 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 the termination of the employment relationship with a person with disabilities.

Reducing staff: conditions for everyone

There are frequent cases when an entrepreneur is ready to give work to disabled people of the 2nd group, but due to the difficult economic situation or other reasons is forced to reduce staff at the enterprise. Such reductions include full-time employees, regardless of health status. That is, disabled people can be fired according to the same rules that apply to other workers.

It is important!

At the same time, it is important to remember that the reduction is unacceptable 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 old. Special conditions apply to those mothers who are raising underage children with disabilities. In addition, the scheme for selecting workers who remain at the enterprise during the redundancy program is quite complex, forcing workers to be evaluated according to a number of significant criteria. The main indicators here are qualifications, working capacity, productivity, but not health.

For the disabled, preferences for redundancy are possible only in one case - when exactly these 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 people 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 downsizing. Full current list can be found in federal laws RF and TK.

The employee became disabled: what to do?

This situation has already been discussed briefly above. Acquiring the status of a disabled person for an employee can be both a way to receive preferences and a reason to lose workplace if the employer considers that he does not have the ability to provide working conditions or a suitable position. In general, the situation is not as complicated as it seems to many, and the Federal Law and the Labor Code give detailed recommendations how to act in such a case, avoiding violations of the law.

As for the recommendations of specialists, the first thing that HR professionals advise to do is to call the employee for a dialogue. The employer must make sure that the employee is interested in continuing to work. You need to understand that getting a disability is a difficult life situation, and many people, once in it, behave unstable, indecisively, not yet fully realizing what they are facing. Therefore, you need to be prepared for the fact that the decisions they make will change over time. But if the employee during the interview showed firmness of intention to continue working, you can proceed to the further procedure.

What to do and how?

If it was revealed that the employee wishes to continue working and is interested in working with high quality, not yielding to his previous indicators, 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 for different disability groups, the schemes of action are different. So, if the first group was assigned to a person, then there is a possibility that the employee will no longer be able to work in principle, even if he really wants to. On the loss of the opportunity to work, a conclusion is formed, which is signed ITU employees. There are no labor recommendations in the IPR for 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 possible by law if the employee is recognized as unable to work. True, when saying goodbye to a person, you will have to pay him a small amount - a severance pay for two weeks, calculated on the basis of average earnings.

I do not want to work!

It is possible that the doctors issued a conclusion on the disability of the second or third group, but the person himself, faced with such life situation did not find the strength to continue labor activity. In order 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 own request of the staff and is similar to the classical one applied to non-disabled people. Alternative option- draw up an agreement between the parties, from which the dismissal of a newly-made disabled person follows.

I want to work!

The most common situation in practice is the recognition of a disabled person who wants to continue working. It is possible to save a job for him only if the employer can provide suitable working conditions, clearly stated in the medical report. An individual rehabilitation program contains instructions on how an employer should act.

The simplest option is such an IPR, the conditions in which coincide with those in which a person worked. This means that the employee can continue to work, there is no 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 rather insignificant, so no adjustments to the employment contract are required. So, doctors may recommend reducing the load on the person. The employer will have to change the standards applied to the person, if any.

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

Not always the possibility of continuing employment depends on the will of the parties. Establishing the fact of complete or partial disability can directly affect physical ability work. In such cases, disability dismissal is allowed, the procedure has specific features for both sides of the employment relationship.

Legal grounds for recognition of disability

Dismissal for medical reasons is a necessary measure, even if the employee performed his job duties in full. It is possible to dismiss a citizen from work only in compliance with the mandatory requirements regulated by law.

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

the employee must undergo the procedure of official examination in the bodies of MSEK;
the establishment of the fact of incapacity for work must be confirmed by the issuance of an established document - a certificate of disability;
in case of establishing disability for a certain period of time, regular re-examination is required.

Not always the establishment of disability implies the impossibility of continuing work. To establish specific conditions further action it is required to establish the group of disability and the nature of the disease.

Disability can be total or partial, this directly affects the choice of disability group. On this moment three possible groups are officially established, of which only the first group implies the complete disability of a citizen.

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

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

In order for the establishment of disability to affect the employment relationship of an employee, this fact must be brought to the attention of management. To this end, the specialist is obliged to submit a certificate of disability of the established form, after which the parties to the employment contract have legally significant consequences.

Legal Consequences of Disability for the Parties to an Employment Relationship

From the moment of official notification of the fact of disability, the management has obligations to resolve the issue of further continuation of the work activity of the subordinate. However, regardless of the established group and the nature of the disease, a disabled person has the opportunity to quit at his own request.

Termination of employment for health reasons at the initiative of a disabled person will be issued according to general rules regulated in the Labor Code of the Russian Federation. However, the presence of medical indicators eliminates the need to comply with the requirements of a two-week working off.

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

disability of group I - entails the obligation to terminate employment relations, since in this case the nature of the disease is permanent and irreparable;
group II disability - entails a serious restriction on the ability to continue working, therefore, it 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 group 1 is issued according to paragraph 5 of Art. 83 of the Labor Code of the Russian Federation, since complete disability prevents the possibility of finding another job for a citizen. An indication of this nature of disability is contained in the MSEC certificate and cannot be arbitrarily challenged by management.

The dismissal of a disabled person of the 2nd group requires the administration of the enterprise to comply with mandatory measures for the employment of an employee. To do this, all possible vacancies in the enterprise that a disabled person can occupy for 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 in the state of the enterprise, or the disabled person has not agreed to change the place of work or labor function, the management has the right to proceed with the termination procedure labor agreement on their own initiative. In 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 dismiss a disabled person of group 3 without his consent? This category of disability may not lead to restrictions in labor activity, and after a certain time has elapsed, it can generally be removed during the examination of the MSEC. In order to respect the rights of both parties to the employment agreement, the following options are provided:

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

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

The process of dismissal at the initiative of the employer

If it is impossible to maintain an employment relationship, management will have to carry out procedural measures to dismiss the disabled person. For this, the following circumstances must be documented:

the fact of disability preventing the further work of a citizen;
absence options employment of a disabled person (lack of vacancies in the staff structure of the enterprise);
lack of consent of the specialist to change the position or labor duties.

Establishing these grounds makes it possible to proceed to the execution of documents. The legal fact of the decision to dismiss must be fixed by the order of 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 studying the contents of this document, the disabled person signs on the order form. The content of the order and the fact of its approval by the head will be the basis for making an entry in the work book, as well as for settlement with the citizen, which also includes disability benefits.

A sample entry in the work book should include a note on the reason for dismissal - complete or partial disability of a citizen. The article of the Labor Code, according to which the labor contract is terminated, must also be indicated.

A completed work book is issued to a specialist on the last day of going to work; it is necessary to sign in the personal personnel file about its receipt. The work book entry should include information about all the information related to the duration of work at this enterprise.

Guarantees for dismissal due to disability

For cases of termination of employment relations due to complete or partial disability, the legislation establishes additional measures social support which are the responsibility of management.

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

monetary compensation based on the actual hours worked;
allowances, additional payments and compensations stipulated by the provisions of the employment contract;
payment for the number of days of unused vacation;
severance pay for disability.

Upon dismissal on this basis, the legislation obliges the disabled person to pay a 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 remuneration for 12 months, which is to be divided by the number of days worked per year. The amount of bonuses, vacation pay and other payments that are not directly reflected in the terms of the employment agreement are not included in the monetary remuneration.

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

The following conditions must be met in order to receive and pay benefits:

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

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