Tip 1: How to lay off for health reasons
A similar situation can arise in two cases:
• if the employee is judged unfit for the performance of his or her profession by the results of a periodic medical examination;
• As a result of illness or injury, he sustained permanent disability. In both cases, the state mismatchhealth the work to be done must be documented (a medical report or a certificate from the Ministry of Healthcare is submitted to the personnel department of the organization).
Upon receipt of documentary evidence that the employee is not suitable forstate ofhealth to work on the position held, it is necessary to order him to discharge his duties from the main activity.
After determining the cause incompetent and consultation with the industrial physician, the employee must be offered all available at the enterprise (including lower-paid) positions vacant which is not harmful to him health. A job offer (or lack thereof in the company) shall be in writing. It may be an act or notification. It is important that the employee has read this document. Their willingness (or unwillingness) to be employed it needs to Express clearly. The employee must personally make the entry in the act. For example: "the offer of a post ... refuse," then you need to sign and put the date.
Only in the event that an employee has refused from existing vacancies or there are none, he can be dismissed from the enterprise bystate ofhealth. The employment contract can be terminated:
• on general grounds (Clause 8 of Article 77 of the RF Labor Code) in connection with the refusal to transfer;
• for reasons beyond the control of the parties (paragraph 5 of article 83 of the labour code) in connection with the recognition of an employee "completely incapable of work".In day of dismissal the employee should be familiar with the order he needed to issue a work book and make full payment. Upon dismissal for any of the above articles, the employee shall be paid a two week severance pay.