How to dismiss a sick worker
So, what does an employer need to do in order not to affect the rightsemployee. and on the other - to follow their interests? Since the dismissalemployee sickness as such is prohibited by the legislation of the Russian Federation, try to implement the following. Make sure about the health condition of the employee, based on the official conclusion. For this aim it in any medical facility or require the employee medical report.
Next, determine the vacant positions for this employee based on the staffing, taking into account his medical condition. Notify in writingemployee about his permanent or temporary transfer to a certain position, relying on a medical certificate. A sample of such notice should be in your company.
Under the painting reademployee with your notice. If the employee refuses the proposed terms, make an entry about it in the notice and make the act of refusal. If he agreed, arrange the additional agreement about changes in the employment contract.
In case of failure proceed to the next step. Terminate the employment contract on the basis of the refusal of employee from transfer to another position in the medical. To do this, issue an order or order cancellation (termination) of the employment contract with the employee.
Such a dismissal occurs in accordance with paragraph 8 of article 77 of the Labor code. Payment upon separation in this case occurs according to the standard principle, as well as the time of dismissal.