Termination of the employment relationship between employer and employee is common, but dismissal of an employee due to illness must be justified and legal. This situation is resolved by paragraph 6 of Article 42. Labor Code of the Russian Federation, which states that the basis for dismissal of an employee of an enterprise may be incapacity for work, the period of which exceeds 4 months.

There are exceptions to this rule. This applies to the period maternity leave, as well as some serious diseases that require long-term treatment. In this case workplace must be retained by the employee for more than four months. For example, if an employee is sick with tuberculosis, he can return to work after 12 months.

Patient's rights

Those employees who have been injured and are forced to sit at home, having stopped working, usually ask the same question: can I be fired if I am on sick leave? If an employee of an enterprise is injured at work or acquires a disease, the development of which was influenced by his professional activity, he can count on not being fired. They are required to maintain this job until their health status is fully restored or until they receive the disabled status. This rule is valid regardless of who is responsible for the injury or occupational illness.

Dismissing an employee who has been on sick leave for more than four months can be difficult. This point is spelled out in Russian labor legislation. If in production there is no urgent need for a certain specialist to appear at the workplace, it can be reserved for the employee who is undergoing treatment or diagnosis. If the employee's illness is treated successfully and he will be able to return to work in the near future, there should be no dismissal. In case of emergency, management has the right to hire a temporary employee. However, as soon as a permanent employee returns from sick leave, he must be immediately reinstated in his previous job.

If termination is necessary employment contract with a sick employee, the employer must provide an alternative to continue working. Also, two weeks before dismissal or transfer, notification must be received by the trade union committee.

Reasons for dismissal

Dismiss an employee who is on sick leave long time, possible for several reasons. This becomes possible if the employee’s health condition does not allow him to return to his previous place and perform duties as before. For example, if the incorrect performance of one person’s duties can threaten the health and life of the entire team.

The employer is obliged to provide an alternative location where an employee in poor health can cope with assigned tasks. Here must be created special conditions to make it easier for the employee to cope with his task. If an employee refuses such an offer, he may be fired.

In case of transfer to a lower-paid position, the first salary must be no less than what the employee received before the transfer.

If a medical examination finds a person completely incapacitated, the employer has the right to terminate the employment relationship with him.

However, this is possible if you have a certificate confirming your disability status.

What can you expect when leaving due to illness?

After the employment contract with a sick employee is terminated, he can receive sick pay. The employee can receive money for the missed period if a new job has not been found. All these days count towards the insurance period.

If a person is laid off, but the company is not liquidated, the employee can count on paid sick leave. To obtain due payments, you need to contact the previous hirer. A company does not pay sickness benefits to employees if it is declared bankrupt. In this case, it is possible to receive a payment from the Social Insurance Fund.

If an employee leaves due to at will, he remains entitled to paid sick leave. This is especially true if the disease prevents you from getting a job. new job. The employer does not have the right to refuse this type of payment. The amount is calculated based on the amount of earnings and insurance coverage of the former employee. If a person has worked for less than six months, the minimum wage in the region is taken as the basis.

Dismissal process

Dismissal of an employee on sick leave is impossible, unless the company is facing liquidation. In the latter case, employment contracts are terminated with all personnel.

If a person who is on sick leave intends to resign on his own initiative, he may well do so by agreement of the parties.

The Labor Code does not have clear deadlines within which a notice of resignation must be submitted. For this reason, a sick employee has the right to terminate the employment relationship while he is on sick leave. The two-week period required for mandatory work upon dismissal will be counted even in the event of absenteeism.

Enterprises and individual entrepreneurs are obliged to comply with the requirements of the legislation of the Russian Federation. Otherwise, you can get a lot of fines that follow the violation of the established procedure.

Sometimes an employer has problems determining the date of dismissal when an employee is completely disabled. The Labor Code states that this date is the last day before disability is determined. It can be determined by a certificate that must be provided to the hirer in as soon as possible. If a person who has been recognized as disabled continues to work, then the date of his dismissal will be the date when the medical examination certificate reaches the management’s desk.

To avoid various troubles and misunderstandings, it is worth reflecting the date of dismissal of the employee in a special act that is attached to the order.

Dismissal due to the death of an employee

Russian labor legislation provides for absolutely all situations that may arise in the process of labor relations between an employer and his subordinate. The death of a company employee was no exception.

The death of an employee serves as the basis for the employer to terminate the employment contract. This procedure is carried out in full compliance with the legislation of the Russian Federation. The employer draws up a dismissal order in a special form, prepares the necessary documentation, and also makes a full payment, including compensation payments. All required entries are made in the work book of the deceased employee.

Dismissal must be made on the basis of documents such as a death certificate or a forensic report declaring a person dead. One of these documents is prerequisite to terminate the employment contract. In the column where it is necessary to indicate the reason for dismissal, it is written “due to death.” This is also indicated in the work document, which is then transferred to the relatives of the deceased.

The physical condition of a person cannot be predicted or guaranteed to be perfect. Any employee can get sick or get into an unexpected situation that leads to health problems. In addition, the problems may be so great that they will lead to complete disability when dismissal becomes inevitable. For this kind of action there must be a basis in labor legislation.

Dismissal of employees due to health problems: articles of the Labor Code of the Russian Federation

Current Federal legislation provides for several options for terminating an employment relationship due to the employee’s health status:

• Loss of ability to perform work (clause 5 of Article 83).
• Refusal of an employee to transfer to another job for a reason serious illness(clause 8 of article 77).
• Inability to perform work due to illness (subparagraph “a” of paragraph 3 of Article 81).

The first case must be accompanied by the employee presenting a doctor's report, which contains confirmation of total disability. The employer must satisfy the employee’s request for dismissal in accordance with paragraph 5 of Art. 83.

The second option is when the employee does not agree with the transfer to another position due to health conditions, as evidenced by a medical report. If this type of work jeopardizes the employee’s health, then in accordance with clause 2 of Art. 37 of the Constitution of the Russian Federation on the prohibition of forced labor, the employer is obliged to satisfy the employee’s request for dismissal under clause 8 of Art. 77 Labor Code or offer another job that will not harm his health. Otherwise, he will be held accountable for violating the federal law on labor protection (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The third point is dismissal under subparagraph “a” of paragraph 3 of Art. 81, associated with an employee’s illness, which negatively affects the quality of work. In such a case, the employer may offer another job that would suit the employee’s physical capabilities. However, if there is no such vacancy or the employee does not agree with the transfer to another workplace, the employment relationship is terminated.

Procedure and features of the dismissal procedure

In the labor legislation of the Russian Federation, there is a procedure for dismissing an employee due to the presence of physical limitations. The main basis is a medical report. This is where the process of severing labor relations begins. Such a document must be issued by a clinical expert or medical-social commission, which indicates the reason for the disability: the name of the disease, injury or mutilation.

Only clinical expert or medical and social commission can show exactly how possible it is for the employee to continue to perform his duties

This document is the basis for issuing a disability rehabilitation card. It is the MSEC that makes a decision on the extent to which the employee’s further work is possible, in particular, the disability group is established.

Disability has three degrees:

• Third disability group (working).
• Second disability group (total disability).
• The first group (loss of ability to work and need for care).

As for the procedure for dismissal due to health conditions, the Labor Code of the Russian Federation states that it can only be carried out if, for medical reasons, this work activity is contraindicated due to the probable danger to the health of the employee and surrounding people.

The procedure for terminating an employment contract for medical reasons is based on the following reasons:

• Employee refusal to change position.
• The company does not have a suitable vacancy that matches the physical condition of the employee.
• Determination of total disability by the relevant medical commission.

An exception (the case when it is impossible to fire) is when the employee is on sick leave. However, the employment relationship can also be terminated in this case if the enterprise is subject to liquidation.

Rules for registration and sample documents

In order to strictly follow the letter of the law, to terminate employment obligations, the employee must provide the following documents:

• A health document issued by a health care institution.
• Written refusal of an employee to be transferred to another workplace.
• A document confirming the absence or presence of a vacancy suitable for transfer.
• Employee resignation letter.
• Original employee notice of dismissal with the obligatory signature of the employee. Sample notice of dismissal due to health reasons
• An order from the enterprise regarding dismissal indicating the reason related to the employee’s health.
  Typical order form for a private or public enterprise

In this case, the corresponding entry is entered into the work book, where the reason for dismissal is “health status”.

In order to prevent problematic issues that may arise due to an employee’s reluctance to admit to health problems, the administration of the enterprise must ensure that employees undergo regular medical examinations.

List and calculation of payments upon dismissal for health reasons

The employer is obliged to make a full settlement with the employee

If the dismissal of an employee is carried out solely at his request, he receives only compensation for unused vacation, i.e. on a general basis.

As a result of dismissal carried out under Art. 83 of the Labor Code of the Russian Federation, part 1, clause 5, or according to Article 77 of the Labor Code of the Russian Federation, part 1, clause 8, a disabled person is paid two weeks severance pay.

Example of calculating severance pay

First you need to calculate the average daily earnings: all payments issued in hand for Last year, you need to add, divide the resulting amount by 365. Now this number is multiplied by 14 days. If an employee agrees to transfer to another position and it is less paid, he is paid the previous salary in the next month.

Let's say our employee quits due to health reasons, and he managed to work 11 days this month, plus he also has unused 28 days of vacation. Total salary for last year taking into account allowances and bonuses - 540,000 rubles, and the number of working days - 245.

1. 540,000 rubles / 245 days = 2,204 rubles per day worked.
2. 11 days worked + 14 days (average earnings for the next two weeks) + 28 days (unused vacation) = 53 days.
3. 53 days * 2204 rubles = 116,812 - final payment amount.

The deadline for completing the calculation is not later in the day salary payments for this month.

HR records management

The basis for filling out the work book of a dismissed employee due to loss of ability to work is the corresponding instructions. The entry in the document must correspond to the contents of the order and the employment agreement. The reason for dismissal is filled in the column “Information about hiring, transfer” with reference to the medical report and the article Labor Code RF. The date and order number are indicated in the “Name” column. The record is certified by the seal of the enterprise, as required by the Rules approved by the Government of the Russian Federation.

An example of filling out a work book in case of transfer of an employee to another position

Why should the manager and personnel officer of an enterprise be as prudent and scrupulous as possible regarding labor legislation? Because any step that is not verified with the law can lead to a conflict situation, and the dismissed employee can make legal claims. Particularly difficult is the moment when dismissal occurs due to limitations in work capacity. In this case, the employer must offer the employee another job (light work). If he refuses this position, he must do so in writing.

Each step must be supported by appropriate documentation, otherwise both parties may suffer. For example, if you make an unforgivable mistake in recording a work record (incorrectly indicate a link to an article of the Labor Code of the Russian Federation, which will lead to data inconsistency), and the person may face a lot of problems in the future. On the other hand, such a mistake can turn into a huge problem for the company if, after litigation, it has to pay a fine for violating labor laws.

It is worth noting that there is often confusion in the concepts of health status and professional incompetence. Professional unsuitability is a discrepancy between the professional qualities of an employee and the position held. Therefore, in the case of dismissal for health reasons, this formulation is unacceptable.

Do I need to work it out?

If an employee is dismissed for health reasons, work off is not mandatory. The employer cannot force the employee to work for another couple of weeks.

Features of dismissal due to disability

Unconditional dismissal can be made only in case of complete loss of ability to work, when neither party can object to such a decision. In other cases, the administration must require from the employee a document indicating the degree of disability received due to illness.

If this is, for example, the third group of disability, such a case provides for the restoration of health. Each individual situation is considered individually. It may well be that even with a disability, an employee can perform his or her duties. Within the framework of Russian labor legislation, this means that the employer does not have the right to fire him. Dismissal of a disabled person at the initiative of the employer is unacceptable; it is considered a violation of the law, for which he can be held accountable.

An employer can fire an employee with a disability only in certain cases, for example, if the employee himself wants to leave

If an employee with a disability has contraindications to this type of activity, it is advisable to transfer him to another, more suitable position, if such a vacancy exists. If an employee submits a written refusal, only then can he be dismissed in accordance with clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.

So, there are the following reasons for dismissing disabled or incapacitated employees:

• If the state of health is such that a person cannot fully or partially fulfill his or her job responsibilities, or working conditions directly harm his health and aggravate his physical condition.
• Lack of vacancies with appropriate working conditions for a disabled person.
• A written refusal of an employee with a disability or an incapacitated employee from a position offered by management or the human resources department.
• The employee expressed a desire to resign or change his current place of work of his own free will.

In relation to a disabled person, the wording can be used by mutual consent of the parties, which is used in cases of dismissal of ordinary employees.

Labor disputes and ways to resolve them

There are many ways to resolve labor disputes. This could be as simple as asking a lawyer and then trying to resolve the conflict yourself. By the way, you can do this via the Internet and get a free consultation from a lawyer online. The last resort is going to court.

Disputes regarding violations of labor laws in relation to people with special physical disabilities can be of a different nature. Among the many controversial situations, there may be, for example, the following.

A disabled person of the third group worked at the enterprise for about 10 years. During this time, she has a conflict over management’s refusal to grant her leave in May. It turns out that her colleague has allergies and takes a vacation in this month every year, and she has never been refused. The applicant is understanding, therefore she does not demand a planned vacation in May, but only an additional one at her own expense, due to her disability (60 days). Are the actions of the boss lawful when he refuses this leave to a disabled person at the specified time?

The answer is simple: it is not legal. In accordance with Part 2 of Article 128 of the Labor Code of the Russian Federation, a disabled person has the right to additional leave at the time he wishes and for up to 60 days.

Questions related to labor activity people with special physical abilities and needs are very important. The employer must be well versed in the basic provisions of Labor legislation in order to prevent conflict situations, which can lead to negative consequences not only for the manager, but also for the enterprise as a whole. After all, the unspoken rule that ignorance of the laws does not exempt from responsibility for violating them remains relevant today.

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 working.

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 is calculated by 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 the 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.

People leave companies not only for other organizations.

A resignation letter is written in case of conscription conscript service, when changing jobs, when moving to another city.

There is also a situation that requires dismissal for health reasons. This situation is discussed in the Labor Code of the Russian Federation.

A record of dismissal is made in the employment document for the following reasons:

• in accordance with paragraph 8 of Art. 77;
• in accordance with paragraphs. and clause 3 of Art. 81;
• in accordance with paragraph 5 of Art. 83 Labor Code of the Russian Federation.

If a member labor collective resigns due to the impossibility of working in a new place due to transfer, since his health condition prevents this, a record is made of this with reference to the first reason.

If an employee is no longer suitable for his position due to health reasons, this is recorded in a record with reference to the second reason.

If the employee is completely unable to work, then dismissal is based on reason number three.

Each reason gives rise to a special approach to formalizing the fact of termination of the employment relationship.

Required documents

An employee’s oral statement about a significant deterioration in his health is not enough. It is necessary to confirm the facts with relevant documents.

It is worth listing the official papers that are taken into account by the HR department of the employing organization.

First of all, this is a properly executed medical report (clause 3 of Article 81 of the Labor Code).

It is also very important that this conclusion is communicated by the employee to management. If an employee decides to withhold health information in order not to lose his job, then the employer will not be able to be held liable for failure to comply with current legislation.

And one more significant point: if an employee who is required to undergo regular medical examinations evades examination, he can be pointed out for improper performance of job duties.

Based on the results of the examination, a conclusion is prepared containing specific recommendations regarding the employee’s professional suitability.

Order

Suggestions from doctors, presented on a special form, are not advisory, but mandatory for the organization in which the employee realizes himself as a professional.

The transfer, temporary suspension or dismissal of an employee in accordance with the above reasons must be formalized by order.

In this administrative document it should be noted that we're talking about about dismissal for health reasons, and also clearly state which of the above articles applies in this particular case. The person being dismissed should be familiarized with the document, asking him to sign and date it.

If the employee submitted a certificate of disability a week after it was established, then the order should be dated on the day the medical report was submitted.

It is impossible to terminate the employment relationship while the employee is on sick leave or on vacation.

Is it possible to dismiss at the initiative of the employer?

This question can only be answered positively in case of complete loss of ability to work.

Statement of this fact is the prerogative of the medical and social state examination (Order of the Ministry of Labor N 664n).

Based on the results of the work of the special commission, a certificate of disability is prepared for the person in the prescribed form.

If an employee who has completely lost his ability to work does not yet understand the full depth of the problem, then the initiative aimed at terminating the relationship comes from the employer.

In this case, pedantry in preparing documents is very important.

Proper documentation of the process is of particular importance not only for the employer, but also for the employee who subsequently expects to receive a disability pension.

Dismissal of a serviceman for health reasons

The procedure is carried out within the strict framework of Federal Law No. 53 and includes the following steps:

• medical examination;
• preparation of the conclusion of the military medical commission;
• dismissal for health reasons, compensation with payment of compensation.

In this case, the Military Military Commission may recognize a serviceman:

• unfit;
• limitedly fit for service.

Also important are the reasons due to which the state of health does not allow further service. Military injuries allow you to count on additional benefits upon dismissal.

Without an ITU certificate and certificate, you cannot count on compensation.

Receiving a salary in an envelope deprives a person of the right to receive compensation payments.

Payments

According to the Labor Code, all due amounts are transferred to the employee on the day of dismissal.

One of the reasons according to which an employer can dismiss an employee is illness that does not allow him to fully perform the duties assigned to him. First of all, it should be understood that the head of an enterprise does not have the right to independently decide whether the physical condition of his subordinate meets the necessary standards. Let's turn to the Labor Code of the Russian Federation. Paragraph No. 3 of Article 81 states that only a medical report can become the basis for considering a case of dismissal for health reasons under the Labor Code of the Russian Federation.

Grounds for obtaining a certificate of incapacity for work

In the first case, it is an illness incompatible with work activity, which is detected during a periodic medical examination. The conclusion about this is transferred to the company’s HR department, and HR officers initiate a review this issue. In the second option, the employee receives an injury that makes him unable to work.

Initiation of a case for dismissal due to health reasons

The owner of the company can initiate a case for dismissal for medical reasons if his work in such a condition could be dangerous for others or in cases where the person is completely incapacitated. After the personnel service receives documentary evidence that there are medical indications for dismissal, it has the right, by order, to remove the person from work and his position. All other reasons involve resolving the problem without resorting to such an extreme measure as dismissal for health reasons.

How to transfer to a new position due to health reasons

First, the HR department prepares a special act or notice of the employee’s transfer to a new place of work. The person agrees or notes in the act that he does not agree with the management’s decision. According to the Labor Code of the Russian Federation, in case of refusal, as well as the absence of an alternative vacancy at the enterprise, the employee retains his position for four months, but without payment of wages.

If the employee is not recognized as completely incompetent, then according to Article 81 of the Labor Code of the Russian Federation (Part 2), the employer must offer him another job. As a rule, such work is much lower paid than in the previous position. Legal advice, as practice has shown, in the event of similar situation will be completely useful, because employers often take advantage of the current circumstances for their own purposes. The law states that if a person agrees to a transfer, then in the first month in a new place his previous salary is retained, and only subsequently the tariff rate is reduced.

Dismissal in case of refusal of a new position

The offered position does not always suit the employee in certain respects. Then he has the right to refuse the vacancy offered to him. If the period of his restoration exceeds four months, he risks being dismissed in connection with paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

This fact is confirmed by the corresponding order, which the employee must familiarize himself with on the day of dismissal. Then he is given employment history and full payment is made. According to Art. 81 of the Labor Code, paragraph No. 3, if an employee is dismissed for medical reasons, regardless of the reasons that caused the illness, the employee must be paid a benefit in the amount of his two-week salary.

Unsuitable for health reasons

When the loss of ability to work is caused by an occupational disease, the demotion does not in any way affect the wages employee. He receives the same salary throughout the recovery period. Until the commission recognizes his permanent loss of ability to work (Article 182 of the Labor Code of the Russian Federation).

When should you contact a lawyer?

When dismissed for health reasons under the Labor Code of the Russian Federation, the employee must know what compensation he is entitled to. That is why an employee should contact a professional lawyer who will analyze his situation in detail and provide a package of recommendations. Moreover, in the event of a conflict with the manager, legal support will be a serious help in going to court.

A professional lawyer will tell you what documents need to be collected and advise on the correct behavior with management: sometimes injured employees succumb to emotions; this will only play into the company's hands in the future.

In what situations will a lawyer help you protect your rights?

If your contract was terminated while you were on vacation at the time, contact a lawyer immediately. He will help you assert your legal rights. After all, relying on subparagraph “a” of paragraph 3 of Art. 81 of the Labor Code of the Russian Federation - this is an illegal act. In addition, you should know that based on the same legal act, the employee cannot but be paid money for unworked vacation days used in advance.

The legislation of our country has many nuances and features. To understand them, you need to be a professional lawyer. Therefore, if you have been wrongfully dismissed for health reasons, the only chance to assert your rights is to contact a professional.