How to dismiss an employee for health reasons
The employee refuses to transfer to another work as your health. as recommended by the medical report. Refer to part 2 of article 72 of the labour code, which States that employee. to have another job, the employer shall, by mutual agreement transfer to another place of work. If the employee refused the offer of transfer or your organization does not have a qualifying job, then you have the right employment contract to terminate.
The employee does not fit the job or the work that has to ashealth according to a medical report. Install the compliance officer the work made by employee mistakes, marriage. If you decide to terminate the labor contract, must submit evidence to prove that the condition health employee in accordance with the file first prevents the performance of his duties. If the employee properly performs his duties, but suddenly found that he needs to transfer to another job due to medical contraindications, by its refusal to transfer to another job, not contraindicated for ashealth. or in the absence of your organization's relevant work you have the right to terminate the employment contract. The situation is similar when the work alleged employee threat for the whole team or for the citizens he serves. Should employee transfer to lighter work, to create acceptable conditions of work or be fired if there is no opportunity to transfer to another position. Remember that the transfer is possible only with the consent employee .
If you make a transfer to a lower paid job, in the same organization within a month paid to the employee his average earnings. If employee medical report on industrial injury or occupational disease associated with work, the average earnings is paid until recovery employee or to the recognition of disablement.