Instruction
1
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.
• 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.
2
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.
3
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.
4
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.
• 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.
Note
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.
Useful advice
In case of disagreement with dismissal, it may be challenged in court.
