Whether it is possible to dismiss on reduction of the invalid of 3 groups
Reduction due to disability
According to Article 83 of the Labor Code of the Russian Federation, an employer can dismiss a disabled person in case of an inability to work for a medical opinion. The rights of disabled people are protected by Federal Law No. 181-FZ "On the Social Protection of Persons with Disabilities in the Russian Federation" of 24.11.1995. The labor relations between employers and employees, including disabled people, are regulated by the Labor Code of the Russian Federation.
In other cases, the employer must provide the employee with a disability those working conditions that must be met by the IRP. If an employee is recognized as an invalid in the period of work, and management is not able to create eligible conditions, it must offer another job that will correspond to the state of health of the employee. In the event that such work is not available or the employee does not agree to another job, the employer has the full right to terminate the employment contract. IPR 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 functions of the body.
Reduction on general grounds
With the reduction of full-time employees, the dismissal of disabled persons is carried out in the usual manner. According to Article 261 of the Labor Code of the Russian Federation, employers are forbidden to reduce:
- pregnant women;
- women raising children up to 3 years;
- women who are single mothers, raising a child under 14 years of age or a disabled child under 18 years of age.
Article 179 of the Labor Code stipulates the category of employees who have the highest priority in selecting employees who will remain in the staff of the organization after reduction. This category includes:
- employees with the highest labor productivity;
- employees with the highest qualifications.
With equal conditions, namely, productivity and qualification, the following employees have the preemptive right to leave in the workplace:
- family workers with two or more dependents;
- persons in the family of whom there are no other workers who have their earnings;
- Persons who received a disability in the organization due to an accident or acquired occupational disease;
- disabled veterans of the Great Patriotic War;
- disabled people who received a group with participation in military operations to protect the Fatherland;
- employees who are on the upgrade of their qualifications without interrupting their main work;
- other employees specified in federal laws.
From the above list it follows that with a reduction in staff, a worker with a disability can be dismissed on an equal basis with other workers, unless he belongs to a certain category of employees and has the same labor productivity and skill level.