In some cases, a situation may arise when the employer will need to dismiss one or more employees for unsuitability. In this case, the established standards of labor legislation should be followed as strictly as possible, since illegal termination of an employment contract may entail large costs for the organization to pay fines and compensation to the employee. At the same time, the Labor Code of the Russian Federation contains precise information on how to properly dismiss someone for reasons of unsuitability in various cases, including health reasons.

Dismissal due to unsuitability - what is it, legal framework

First of all, when considering the issues of dismissal due to professional incompetence, it should be noted that such a concept as “unsuitability” in Russian legislation is found only in a few departmental documents. At the same time, labor legislation as a whole does not contain such a term and its explanation. However, in practice, the concept of professional unsuitability is used quite often, and it is professional unsuitability that can be the reason for dismissal. In this case, the types of professional incompetence should be distinguished:

• By absence , knowledge, skills. In this case, professional incompetence is ensured either by the personal qualities of the employee, or simply by the discrepancy between his existing qualifications and skills required to perform the work of his position. From the point of view of labor legislation, in the event of such professional unsuitability, dismissal is carried out at the initiative of the employer.
• By medical indications And . Dismissal due to unsuitability due to health conditions presupposes that the employee has been issued a medical certificate, according to which he is prohibited from engaging in activities in his previously held position. At the same time, labor legislation directly allows for the possibility of terminating an employment contract in this situation, subject to compliance with a certain established procedure.

In this case, both employers and employees should pay special attention to the provisions of the following articles of the Labor Code of the Russian Federation, which consider dismissal due to unsuitability:

• Article 73 of the Labor Code of the Russian Federation. The provisions of this article regulate not the issues of dismissal due to professional incompetence due to health, but the transfer of employees. However, it is also precisely in this article of the Labor Code that the possibility of dismissing an employee for medical reasons is considered if it was not possible to transfer him to another job.
• Article 77 of the Labor Code of the Russian Federation. The provisions of this article regulate the procedure for dismissal based on professional incompetence, as well as other possible grounds for dismissal of employees. It is the said article of the Labor Code of the Russian Federation, indicating the clauses and subclauses, that must be referred to as the basis for dismissal when recording an entry in work book.
• Article 81 of the Labor Code of the Russian Federation. The standards of this article govern all cases of dismissal, which is carried out at the request of the employer. And the professional incompetence of an employee, not related to his health, but related to insufficient qualifications or failure to fulfill established labor requirements, applies precisely to such cases.

How to dismiss an employee for unsuitability at the initiative of the employer

If an employee does not fulfill his job responsibilities, or if he does not have sufficient qualifications or education for the job, the employer has the right to dismiss him for unsuitability. In this case, first of all, the employer is obliged to prove the fact that the employee lacks professional suitability. This fact can be expressed both in matters of compliance with formal requirements - for example, if the legislation provides for the mandatory presence of a certain education for workers in specific positions, and in the actual non-fulfillment or incomplete fulfillment of the duties assigned to the worker.

The procedure for dismissal due to unsuitability, in accordance with Article 81 of the Labor Code of the Russian Federation, should generally be as follows:

1. The employer receives grounds to initiate the dismissal procedure. This may be a report that reflects the employee’s failure to comply with standards, a complaint from clients, other employees or third parties, an entry in the complaint book, an order from the labor inspectorate, or other documentary evidence of the fact of existing professional incompetence.
2. Based on evidence of unsuitability, the employer issues an order to dismiss the employee. This employee must be in mandatory familiarized with the order, and a separate act on familiarization must be drawn up - it will be required if the employee wants to challenge the entire dismissal procedure. The act is drawn up in the presence of two witnesses, who must also sign it, and if the employee refuses to familiarize himself with the order, then they must sign an act of refusal to familiarize himself. If necessary, the employee has the right to demand that the employer give him a copy of the order.
3. Based on the order, on the day of dismissal, the employee is given his work book with a record of dismissal for reason, or. The employee is also issued a certificate of income.
4. After issuing the work book, it is also necessary to ensure final settlement with the employee - to issue him the salary due to him and compensation for unused vacation days.

It should be noted that the specific conduct of the dismissal procedure for unsuitability may differ, since unsuitability may imply different grounds for dismissal:

1. Inconsistency with the position held. In this case, the employer is obliged to ensure that the employee’s qualifications are checked, and the employee himself has the right to undergo such verification independently in a certification center accredited for this procedure.
2. Gross violation of labor discipline. These may include being in a state of disrepair at work and other serious offenses.
3. Repeated violation of labor discipline. If disciplinary sanctions were taken against the employee earlier, then the second disciplinary action in the form of a reprimand or reprimand within one year is a legal reason for dismissal.

Some categories of workers cannot be dismissed due to unsuitability. In particular, these include pregnant women. Women raising children under 3 years of age also have certain restrictions on dismissal, as well as minor employees - their employer can dismiss them only if these actions are agreed upon by the commission on minors' affairs.

Dismissal due to unsuitability for health reasons

If the work is harmful or dangerous, and also contains other certain factors that impose health restrictions on the employees performing it, a deterioration in the employee’s health may be grounds for dismissal. So, if an employee receives a medical certificate confirming his unfitness for work, the employer’s procedure in this case will be as follows:

• The employer is obliged to offer the employee to transfer to another position in the enterprise.
• If the period during which the employee has medical contraindications to work is less than four months - if the transfer is refused, or if there are no positions at the enterprise, the employee should be suspended from work without protection. wages. Dismissal in this case is prohibited by labor legislation.
• If the employee must be transferred for a period of more than 4 months, or permanently - due to a long-term change in health status or the impossibility of treatment, then in case of refusal to transfer to another position or in the absence of positions suitable for him in terms of health and qualifications at the enterprise , he may be fired by the employer.
• It should be noted that professional incompetence for health reasons must be confirmed by a medical report. Moreover, such a conclusion can either be voluntarily provided by the employee to the employer, or be requested by the employer if local regulations or legislation require the employee to undergo a periodic medical examination or an extraordinary medical examination.

Various categories of employees may be dismissed due to incompetence for health reasons. This dismissal is not considered to be carried out at the initiative of the employer, therefore the restrictions in force by law on the dismissal of certain categories of workers in this case do not apply. However, it will still not be possible to get rid of a pregnant employee in this way - the employer does not have the right to fire her, even if her situation does not allow her to carry out work activities.

The employer should confirm the fact that the employee is familiar with the positions available at the enterprise and record his refusal to be hired for these positions if a dismissal procedure is being carried out due to unsuitability due to health conditions. Otherwise, the employer will not have factual evidence in the event of a possible challenge to the dismissal procedure by the employee.

Possible consequences of dismissal due to unsuitability for an employee

Dismissal due to professional incompetence is an extremely unpleasant occurrence for an employee, at least if the professional incompetence is not due to medical reasons. Due to the fact that a notice of dismissal is entered in the work book with a description of the full wording, the fact of non-fulfillment labor responsibilities or violation of discipline can become an extremely negative aspect in matters of subsequent employment, significantly spoiling the work and career path of the employee himself.

However, in practice, you can get rid of this wording in the work book in several ways:

• Quit . Many employers themselves offer their employees, if disagreements arise, to write a letter of resignation according to at will. However, in this case, the employee almost completely loses the opportunity to subsequently challenge the dismissal and protect his rights in court.
• Dismissal . In this case, the employer can enter into an agreement with the employee. This entry in the work book, on the contrary, indicates the employee’s contact and is not negative. Moreover, the agreement itself can establish almost any possible conditions for termination of the employment contract.
• Establishment of a new . Despite the fact that maintaining two work books is not a good practice, the law also does not prohibit employees from having several such documents.
• Challenging dismissal in court. The court may declare the dismissal illegal - however, in this case, the burden of proof falls directly on the parties to the labor relationship. By a court decision, an employee can achieve either reinstatement at work with payment of compensation, or simply change the wording of the entry in the work book.

Losing the ability to work due to a health condition entails a complex of problems. For example, this may be the inability to perform the duties of the position in full. In this case, before dismissing such an employee for health reasons, the employer will offer him all options available for further work. However, these suggestions will not be suitable in every situation. And if an employee refuses easier work, the employer has the opportunity to terminate the employment relationship with him. Let's look at how to do this correctly and touch on this important aspect, as payments upon dismissal for health reasons

Grounds for dismissal due to health reasons

Labor legislation includes the following grounds for dismissal due to employee health:

1. Clause 8 of Part 1 of Article 77 of the Labor Code of the Russian Federation - an employee who did not agree with the proposed work assigned to him, in accordance with the doctors’ conclusion, for a period of more than 4 months is subject to dismissal. The absence of vacancies in the institution that meet the conditions required by doctors also entails termination of the employment contract.
2. Clause 5 of Part 1 of Article 83 of the Labor Code of the Russian Federation - an employment contract is terminated with a person who has received a medical certificate in the prescribed manner and is recognized by doctors as completely incapable of labor activity.

Doctors’ conclusions regarding the establishment of disability and changes in work requirements are issued according to the rules of Order No. 441n dated May 2, 2012.

How to formalize dismissal for health reasons

Step 1. Obtain a medical report. It is provided by the employee himself or a medical organization. The conclusion should indicate what work is acceptable to perform.

Step 2. Offer other vacant positions. The notification must be provided in writing. All jobs that suit the employee based on his or her health are available to choose from.

If an employee refuses to get acquainted with available vacancies, draw up an act of refusal! It must be signed by two employees who were present.

Step 3. Obtain written consent or refusal to transfer. The employee's decision, both positive and negative, must be made in writing. This will get rid of possible problems in future.

If the employee agrees to another job, a transfer is issued. Otherwise - dismissal. We will consider this situation further.

Step 4. Prepare a notice of termination of the employment contract. The document must indicate the reasons. It is prepared in two copies, the employee must sign for receipt.

Step 5. Issue an order. Use the unified T-8 form. Be sure to familiarize the employee with it and sign it.

Step 6. Make the final calculation. It is necessary to pay wages, prepare and...

What payments are due upon dismissal?

Mandatory compensation includes:

• salary on the last day of work;
• compensation for vacation that was not used by the employee (Article 127 of the Labor Code of the Russian Federation);
• severance pay for 14 calendar days(Part 3 of Article 178 of the Labor Code of the Russian Federation in the event that a person is recognized as completely disabled and at the same time refuses to be transferred to another place).

If there is a voluntary dismissal due to health reasons, that is, the employee himself has expressed a desire to stop working due to health reasons, severance pay is not subject to payment.

When and how much will you be paid upon dismissal due to health reasons?

Dismissal compensation must be issued on the last working day; if the employee is absent from work, no later than the day following the employee’s request for payment.

In order to determine the amount of severance pay, the average daily earnings should be calculated. The calculation algorithm used was approved by Resolution No. 922 of December 24, 2007, approving the Regulations on average earnings.

For the calculation, income data for the 12 months preceding dismissal is required.

The formula used is:

Benefit amount = average daily earnings × number of days (working days) included in the payable period (that is, 10 days for a five-day period and 12 for a six-day period).

Average earnings per day are calculated using the formula:

SZ per day = amount of salary (actually accrued for days worked in the calculation period, including bonuses and remunerations) / by the number of days actually worked during this period.

When calculating the average daily amount, you must adhere to the following provisions:

• the employee worked for less than 11 months - vacation compensation is calculated in proportion to the number of months of service;
• the excess of fifteen days should be rounded up;
• an employee’s service of 10.5 months gives the right to calculations in full;
• Surplus amounts of less than 15 days are not accepted for calculation.

Let's consider specific example. Ivanov I.I. assigned disability group 2. The administration of the institution was unable to find a vacancy suitable for the employee’s health, which means the latter had to be fired. The day the employee receives documents confirming the assignment of a disability group is March 24, 2018.

1. The calculation should take into account income received for the period from March 24, 2017 to March 23, 2018, in the amount of 259,200 rubles.
2. During this period of time, the person worked 216 days.
3. Average earnings per day: 259,200 rubles / 216 days = 1,200 rubles.
4. Amount of severance pay: 1200 rubles. × 10 r/day = 12,000 rubles.

The amount does not exceed three times the average monthly salary, which means it is not subject to taxation.

What happens if you don't pay

The employer's liability arises under the condition of complete or partial non-payment of funds due to the employee (Part 6, Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For a primary violation, a warning or fine is imposed:

• official - 10,000-20,000 rubles;
• Individual entrepreneur - 1000-5000 rubles;
• legal entity - 30,000-50,000 rubles.

Repeated violation entails a fine:

• to an official - 20,000-30,000 rubles or disqualification for up to three years;
• Individual entrepreneur - 10,000-30,000 rubles;
• legal entity - 50,000-100,000 rubles.

Failure to pay wages may also result in criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation. The range of penalties defined by this article range from a fine to imprisonment for up to 5 years with simultaneous deprivation of the right to engage in certain types of activities.

Thus, the dismissal of an employee due to his state of health is provided for by current labor legislation. The employer should remember the obligation to provide the employee with a number of mandatory payments. Violation of the compensation algorithm may result in penalties of varying severity.

If any serious violations are determined in the worker’s health, he is sent for a medical and social examination. After it is completed, a conclusion is issued, a copy of which must be given to the employer within three days. In addition, the employee’s doctor can write recommendations about the need to change working conditions for health reasons. Actions of the employer The employer must carefully read the medical report on the employee’s health condition. If the doctors decide that it is necessary to transfer him to another position, the employer is obliged to offer the specialist available suitable vacancies. Not only vacancies that correspond to the employee’s qualifications should be offered, but also lower-level positions with lower salaries. The conclusion must indicate the required period of removal from previously performed work: for 4 months or permanently.

If your health does not allow you to continue working: all the rules for dismissal

The employee refuses to be transferred to another job due to his health condition, as recommended by the medical report. Refer to Part 2 of Art. 72 of the Labor Code of the Russian Federation, which states that an employee who needs to be given another job, the employer is obliged, by mutual agreement, to transfer to another place of work. If the employee refuses the proposed transfer or there is no corresponding work in your organization, then you have the right to terminate the employment contract.

2 The employee is not suitable for the position or work in which he is engaged due to health reasons according to a medical report. Establish the fact that the employee is not suitable for the job, mistakes made by the employee, or defects.

The employee is contraindicated for his work: the employer’s actions

First you will need to make an effort to translate it, Art. 81 TK. Procedure for dismissal due to health reasons Parting with an unhealthy specialist most often happens quite quickly. But you can do this correctly and without consequences if you follow the procedure for dismissal for health reasons:

1. An employee who suspects something is wrong with his physical condition must consult a doctor himself or report disturbing symptoms during a preventive examination, Art.

   
   214 TK.

2. The medical commission makes a verdict and issues its opinion on the ability to continue working. This document will become the basis for all further actions.
3. The employee provides management with a certificate as soon as possible.

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Three legal cases of dismissal of a sick employee Recognition by medical workers of a specialist as completely incapacitated Changes in the employee’s health state are so significant that he is no longer able to perform the work previously performed in accordance with the job description Continued performance of job duties by a person in poor health may harm his co-workers or may be dangerous for the worker himself Registration of dismissal for health reasons Instructions If the health condition worsens, the employee is obliged to undergo all necessary medical examinations and notify the employer about the current situation. All actions of the employer, in order to avoid disputes and misunderstandings, must be supported by documents. The employer is obliged to understand the situation, study the doctors’ recommendations and decide on the further option of cooperation with a specialist.

What to do if you were fired for health reasons?

Attention

The basis for dismissal of a victim due to health reasons is the expert opinion of one of the special commissions:

1. Clinical Expert Commission (CEC), which issues an opinion on the employee’s health status and recommends conditions for continuing his work activity.
2. A medical and social expert commission (MSEC), which decides whether the patient is still able to work or whether he needs to give up work (full or partial recognition of a person as disabled).

How exactly does dismissal occur due to health problems? Next, we will touch on the procedure for dismissal due to health reasons. The dismissal algorithm, depending on the wishes of the victim and the medical report of the commission, is discussed in the table below. Option for the development of events Dismissal Regardless of the recommendations of the commission, after illness the employee himself decides to resign 1.

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Labor Code Russian Federation In addition to the Labor Code of the Russian Federation, relationships during dismissal for health reasons are written in Article 5 of the Code of Administrative Offenses, in various Resolutions and Orders, as well as in the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens (1993). Grounds Termination of an employment contract with an employee who has lost his ability to work is possible on the initiative of both the employee and the employer. An employee's own initiative is one of the most common reasons for dismissal.
In accordance with the Labor Code of the Russian Federation, an employee who has lost health has the right to resign at his own request without working for two weeks. The employer may require that the reasons for dismissal be indicated in the application and that they be documented. The law allows the dismissal of an employee for health reasons at the initiative of the employer, if it is supported by a compelling reason.

Dismissal due to health reasons

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Content

• 1 Legal aspects
• 2 Reasons
• 3 Is it possible to dismiss at the initiative of the employer?
• 4 Procedure for dismissal due to health reasons
  • 4.1 Payments and settlement
  • 4.2 Do I need to work it out?

Health problems to one degree or another plague most of the population, but not every disease prevents a person from working effectively. Less often, but it happens that during the next medical examination or an unscheduled visit to the doctor, medicine issues a verdict that the employee is unsuitable for further work. After such a conclusion, the specialist and his employer have only one option left - dismissal for health reasons.

Legal aspects Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome.

Is it possible to fire an employee for health reasons?

When dismissing an employee, a corresponding dismissal order is issued, with which the employee must be familiarized with his signature and the date of familiarization. Example of an order: Example of an order to remove an employee Documents All questions regarding the health of the employee regarding the possibility of continuing professional activities must be considered by a special commission. How can an employee write a statement? An application for resignation due to health reasons is written by the employee on clean slate A4 paper, no errors or blots are allowed.
The details in the application are filled out in the standard way; a date and signature are required. A special feature is the specified reason for dismissal with reference to the presence of a supporting document.
The question is not entirely clear. Dismissal for health reasons can occur in case of loss of ability to work, partial or complete, in the presence of a medical certificate. Medical reports in such cases may provide:

• Medical and Social Expert Commission (MSEC) - which makes decisions on recognizing a citizen’s complete or partial permanent loss of ability to work and recognizing the citizen as disabled.
• an expert commission (EC), which determines the degree of temporary disability and can make recommendations on limiting activities. The KEC does not determine or provide a disability group.

According to current legislation, an employment agreement or contract can be terminated for medical reasons only on the basis of such an expert medical opinion.

If you can no longer work due to health reasons

Salary remains at the same level, art. 254 TK. In addition to paying severance pay, dismissal for health reasons retains the employer’s obligation to provide compensation for unpaid vacation. If an employee used “extra” days of rest in the current working year, then the employer’s accounting department has no right to withhold vacation pay already received by him, Art. 137 TK. It is impossible to fire a pregnant woman who has been recommended for “easy work” even if she refuses to be transferred to the job she has found. new position, Art.

261 TK. Do I need to work it out? Based on the conclusions of doctors and the requirements of labor protection legislation, if it is completely impossible to perform labor functions, the employer cannot require a specialist to work until a replacement is found. Accordingly, there is no question of any training.

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Something can happen in the life of every person that can cause his health to deteriorate - for example, an injury or a newly discovered disease. This circumstance may cause the employee to be unable to perform his previous job duties.

• How to properly part with an employee who has become disabled, properly documenting it?
• What payments are due to a person leaving due to incapacity for work?
• What features of such dismissal are typical for a military service employee?

We consider this issue from the perspective of the Labor Code of the Russian Federation and the practice of employers.

According to the Labor Code of the Russian Federation

The legislation of the Russian Federation states that every employee must be able to perform the professional duties assigned to him. If health does not allow this, then such labor is equated to forced labor, which is strictly prohibited by law. All subtleties associated with termination of an employment contract due to health are regulated by the following provisions of the Labor Code:

• subparagraph a of paragraph 3 of Art. 81 of the Labor Code of the Russian Federation - article on termination of an employment contract related to the employee’s failure to comply with his position for medical reasons;
• clause 8 art. 77 of the Labor Code allows you to dismiss an employee if the organization does not have the opportunity to work in a position suitable for his current condition, or he does not agree to take a suitable vacant position;
• clause 5 art. 83 of the Labor Code of the Russian Federation provides for dismissal when a person can no longer work at all;
• Art. 178 of the Labor Code of the Russian Federation stipulates the benefits due upon dismissal.

Formulate it correctly

The phrase “dismissed for health reasons” is often used in everyday life, but it should be noted that it is legally invalid - there is no such formulation of the grounds for dismissal in the legislation. This or that state of staff health is determined not by the employer, but by medical institutions. If a person is in this moment unable to continue working, this may also indicate temporary incapacity for work, that is, being on sick leave. And such an employee’s status makes his dismissal impossible.

Therefore, the correct wording would be “dismissal for medical reasons” or “due to the inability to perform one’s job duties.”

The wording in the work book depends on the article under which the dismissal is made.

Not a step without KEC or MSEC

Neither the employee nor the employer has the right to adequately assess the physical ability to perform labor functions. This is the prerogative of medical workers who must issue an appropriate conclusion.

1. If a disease incompatible with work in the previous position is detected during a preventive or routine examination, the conclusion is sent to the employee’s personnel department KEC- clinical expert commission. This conclusion must be endorsed by the chairman and all members of the KEC, certified by the seal of the medical institution and filed with the employee’s medical history. This conclusion provides grounds for transfer to a suitable job.
2. If the cause of disability is injury, mutilation or other unforeseen event, it is analyzed MSEC- medical and social expert commission. In addition to the conclusion on partial or complete disability, the commission issues a rehabilitation card, which indicates the disability group assigned to the employee, as well as information about what types of activities a disabled employee can be admitted to and for how long. If the loss of disability is permanent, which makes further professional activity impossible, a decision on this is also made by MSEC.

IMPORTANT INFORMATION! The employer has no right to make any personnel decisions without a medical report from the KEK or MSEC. Any dismissal without such a conclusion related to health conditions is considered illegal.

The employer has been provided with a conclusion, what next?

Having received the appropriate medical report from a medical institution or the employee himself, the employer must immediately take adequate actions. An employee in respect of whom such a conclusion has been drawn up cannot continue to work as if nothing had happened - this threatens the employer with serious sanctions, since it is a violation of the employee’s rights. Let's consider the employer's options depending on the reactions of the disabled employee.

1. Partial or temporary disability. If the conclusion only limits labor functions, the employer must provide the employee with the opportunity to use them to the extent permitted by doctors. To do this, the employee should be offered a transfer to a position whose duties do not contradict the medical report:

• if the employee agrees, such a transfer is carried out on a temporary or permanent basis (consent must be confirmed in writing);
• if there is no vacancy that meets the requirements or the employee’s consent has not been obtained, dismissal is lawful in accordance with clause 8 of Art. 77 Labor Code of the Russian Federation.

Persistent total disability. If a medical report assigns an employee a disability group that negates his professional suitability, the employer cannot have a choice. Dismissal will follow under clause 5 of Art. 83 Labor Code of the Russian Federation.

NOTE! Even if the employee still performs all duties flawlessly, the priority of the medical report is undisputed. If the performance of labor functions may be dangerous for the employee himself, the team or his clients, as reflected in the medical report, he is advised to transfer to another position, create special conditions or dismissal. If reduced performance or defects in work due to health conditions are recorded, this will be additional evidence of the validity of the medical report.

Money issues

How will the employee’s incompetence as a professional affect the employer financially? It all depends on the article of the Labor Code under which the employment contract is terminated or a transfer to a lighter position is made. The following options are possible:

• If, due to deteriorating health, an employee transferred to a position that is paid lower than the previous one, then in the first month of work in a new capacity he must receive the same salary, and if the transfer is temporary, then payment of average earnings is made until restoration or complete loss of ability to work (no more 4 months);
• if you are fired under paragraphs. and clause 3 of Art. 81, that is, the company does not have a vacancy suitable for his health, then upon leaving work, the employee will receive an allowance in the amount of 2 weeks’ earnings;
• if there is a suitable vacancy, but the employee does not want to move to it (clause 8 of Article 77), he will not be able to receive benefits;
• if the basis for dismissal was clause 5 of Art. 83, that is, the employee is released due to the complete loss of the opportunity to work; such a circumstance does not depend on the will of the parties, therefore severance pay is not due.

Dismissal of a serviceman

If a soldier is no longer fit to serve due to health reasons, the procedure for his release is called commission. Issues of compliance with his health and military service are regulated by the Federal Law “On Military Duty” military service", namely subparagraph 6 of paragraph 6 of Art. 51. A military man has the right to transfer to another position or leave service if his health does not allow him to continue.

The medical indications must be confirmed by the conclusion of the Military Medical Commission (VKK). If the conclusion states partial fitness for service, then the consent of the serviceman will be required for dismissal.

The mandatory reasons for discharging a serviceman are:

• conclusion of the Higher Military Commission on complete unfitness for service;
• health restriction if a military contractor does not have the right in his position to rise above the conscript sergeant major.

If expelled from the Armed Forces, the commissionee is entitled to the following payments:

• one-time benefit - 2 salaries for employees less than 20 years old, 7 salaries for “veterans” of service;
• if the military man was awarded a state award, the compensation increases by one more salary;
• bonus for conscientiousness (due if at the time of commission the military man was in his position) - a quarter of the monthly salary or allowance, for cadets - 15%;
• financial assistance for the year of departure - monthly salary.

ATTENTION! Payments may be canceled due to certain unfavorable circumstances provided for by the Federal Law, for example, deprivation military rank, a court sentence of imprisonment, failure to comply with contract requirements, etc.