Is it possible to dismiss to reduce the disabled group 3
Reduction due to disability
Under Article 83 of the Labor Code of the Russian Federation, an employer may dismiss a disabled person in the event of inability to work by a medical opinion. The rights of persons with disabilities are protected by Federal Law No. 181-ФЗ “On the Social Protection of Disabled Persons in the Russian Federation” of 11/24/1995. Labor relations between employers and employees, including the disabled, are regulated by the Labor Code of the Russian Federation.
In other cases, the employer must provide the employee with a disability to those working conditions that must comply with the IRP. If an employee is recognized as disabled during the period of work, and the management is not able to create adequate conditions, it must offer another job that will be appropriate to the state of health of the employee. If such work is not available or the employee does not agree to another vacancy, the employer has every right to terminate the employment contract. The IRP is an individual rehabilitation program that is issued to a disabled person along with a certificate of disability. Includes a list of activities aimed at restoring and compensating for lost body functions.
Reduction on common grounds
With the reduction of full-time workers, the dismissal of persons with disabilities is performed in the usual manner. According to Article 261 of the Labor Code of the Russian Federation, employers are prohibited from reducing:
- pregnant women;
- women raising children up to 3 years;
- women who are single mothers raising a child under 14 or a disabled child under 18.
Article 179 of the Labor Code specifies the category of workers who have the highest priority in choosing employees who will remain in the staff of the organization after reduction. This category includes:
- employees with the highest productivity;
- employees with the highest qualifications.
Under equal conditions, namely productivity and qualifications, the following employees have the preferential right to remain in the workplace:
- family workers with two or more dependents;
- Persons in whose family there are no other employees who have their own earnings;
- Persons who received a disability in the organization as a result of an accident or acquired occupational disease;
- disabled participants of the Great Patriotic War;
- persons with disabilities who have received a group while participating in hostilities for the defense of the Fatherland;
- employees who are on advanced training without discontinuing their main job;
- other employees specified in federal laws.
It follows from the above list that when a staff is reduced, an employee with a disability can be fired along with the rest of the employees, unless he belongs to a certain category of employees and has the same productivity and degree of qualification.