Advice 1: How to fire for health

It happens that as the health worker is unable to perform further duties. Does this fact mandatory dismissal? What action should the employer not to break the law and the interests of the employee?
When you have the desire and power to operate
This situation can arise in two cases:
• if the employee on the results of periodic medical examination was declared unfit to perform work in their profession;
• as a result of illness or injuries to permanent disability. And in that and in other case, the mismatch status of the health of the work performed must be documented (in the HR Department of the organization is represented by a medical report or certificate, are assessed.
Upon receiving documentary evidence that the worker is not fit condition of health to work on the position, you must order by main activity to remove him from execution of duties.
After determining the cause incompetent and consultation with the industrial physician, the employee must be offered all available at the enterprise (including lower-paid) positions vacant that are not harmful for health. A job offer (or lack thereof in the company) shall be in writing. It may be an act or notification. It is important that the employee has read this document. Their willingness (or unwillingness) to be employed it needs to Express clearly. The employee must personally make the entry in the act. For example: "the offer of a post ... refuse," then you need to sign and put the date.
Only if the employee refused the available vacancies or absent, he may be dismissed from enterprises on the state of health. The employment agreement may be terminated:
• under General grounds (paragraph 8 of article 77 of the labour code) in connection with a waiver of transfer;
• for reasons beyond the control of the parties (paragraph 5 of article 83 of the labour code) in connection with the recognition of an employee "completely incapable of work".In day of dismissal the employee should be familiar with the order he needed to issue a work book and make full payment. Upon dismissal for any of the above articles, the employee shall be paid a two week severance pay.
It is important to remember that the dismissal under article 83 of the labour code only if the certificate States that the employee "unable to work". Otherwise, if the reference included recommendations with a list of possible work functions, the dismissal is made under article 77 of the LC RF.
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In case of disagreement with dismissal, it may be challenged in court.

Advice 2 : How to dismiss an employee for health reasons

If you are an employer, dismissing the employee at the state health, refer to the medical report, which is issued by the clinical expert Committee or medical-social expert Commission. Make sure that the conclusion of KEK was stamped by the medical institution. The transfer or dismissal will be regarded as illegal if there is no conclusion. The reasons why you can dismiss the employee on condition of health, explained in detail in the labour code.
How to dismiss an employee for health reasons
The employee refuses to transfer to another job, at the state of his health, as recommended by the medical report. Refer to part 2 of article 72 of the labour code, which States that employeeto have another job, the employer shall, by mutual agreement transfer to another place of work. If the employee refused the offer of transfer or your organization does not have a qualifying job, then you have the right employment contract to terminate.
The employee holding that office or of the work being developed, the state of health according to medical opinion. Install the compliance officer the work made by employee mistakes, marriage. If you decide to terminate the labor contract, must submit evidence that the state health officer in accordance with the file first prevents the performance of his duties. If the employee properly performs his duties, but suddenly found that he needs to transfer to another job due to medical contraindications, by its refusal to transfer to another job, not contraindicated for the condition of health, or in the absence of your organization's relevant work you have the right to terminate the employment contract. The situation is similar when the work alleged employee threat for the whole team or for the citizens he serves. Should the employee transfer to lighter work, to create acceptable conditions of work or be fired if there is no opportunity to transfer to another position. Remember that the transfer is possible only with the consent of the employee.
If you make a transfer to a lower paid job, in the same organization within a month paid to the employee his average earnings. If the employee's medical report on industrial injury or occupational disease associated with work, the average earnings is paid until recovery of the employee or to the recognition of disablement.
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