The reduction of the disability
At the 83rd article of the Labour Code the employer may dismiss a disabled person in case of inability to work for medical examination.
Rights of persons with disabilities are protected by the Federal law №181-FZ "About social protection of invalids in the Russian Federation" dated 24.11.1995 G. Labor relations of employers and employees, including persons with disabilities, are regulated by the Labour Code of the Russian Federation.
In other cases, the employer must provide the employee with a disability, those working conditions, which must be consistent with the IRP. If the employee admits disabled during the work, and the user is unable to create meeting the requirements of the conditions it is obliged to offer another job that will match the health condition of the employee. If such work is not available or the employee does not agree to another vacancy, the employer has the full right to terminate the employment contract.
IRP - individual rehabilitation programme that is issued to the disabled with certificate of disability. Includes a list of measures aimed at recovery and compensation of lost body functions.
The reduction on a General basis
With the reduction of regular workers, the dismissal of disabled persons is performed in the usual manner. For 261-th article of the Labor Code employers are prohibited to reduce:
- pregnant women;
women raising children till 3 years;
- women who are single mothers raising children under 14 years of age or a disabled child up to 18 years.
In article 179 of the Labor code of the specified category of workers who have the highest priority in the selection of employees who will remain in the state after reduction. In this category are:
- employees with the highest labor productivity;
- employees with the highest qualifications.
Under the same conditions, namely the performance and qualifications, the right of priority to leaving the workplace have the following staff:
- family workers containing two or more dependants;
- persons in the family where no other workers are having their earnings;
- persons with disabilities in the organization due to an accident or acquired an occupational disease;
with disabilities-participants of the great Patriotic War;
with disabilities who received a group when participating in military actions for the defense of the Fatherland;
- the employees qualification without discontinuing work;
- other employees specified in Federal laws.
From the above list that with the reduction of state employee with a disability can be dismissed along with other employees, unless it refers to a certain category of employees and has the same productivity and qualifications.