Payments for dismissal for health

Wrestling loss is always fraught with negative consequences. One of these problems is the inability to fully fulfill its working responsibilities. As a rule, the loyal leader offers other options with lightweight working conditions, but the employee is not always suitable. Most often in this case, dismissal is dismissal. Consider the more detailed process and wonder what payments are relying.

1

The basic concepts of labor law

According to the legislation of the Russian FederationWhen an employee cannot fulfill his labor obligations to the employer, such issues of the situation are possible:

• translation to another job (easier);
• dismissal.

The first case is described in detail in 73 Article Labor Code (TC) of the Russian Federation. The basis for translation can serve as a medical conclusion of the Clinical and Expert Commission. At the same time, the employee must confirm his consent in writing. By law, this is given a two-month term.

When an employee does not want to go to a new job, or the diagnosis of a medical institution speaks of its complete incapacity, it has the right to terminate the employment contract for health (Art. 83 TC). At the same time, he should have a decision of the IEC (medical and social expert commission) in his hands, with which the disability or professional disease is subsequently issued.

2

Bases for dismissal

If you summarize the above, this process occurs in the case of:

• complete incapacity of the worker;
• written refusal of the employee from the transition to a new place of work;
• lack of options for translation.

This rule does not apply to the employee who is on sick leave or on vacation (Art. 81 TC). Labor legislation prohibits the employer in this case to dismiss the subordinate. An exception can only be complete liquidation (reorganization) of the enterprise.

3

Rules of paperwork

When dismissal as a state of health at the enterprise, such a package of documentation should be prepared:

1. Failure to employee in writing from translation to another place of work.
2. Help-conclusion from a medical institution with signatures of all members of the Expert Commission.
3. Official paper confirming the absence (or presence) of a new job for subordinate.
4. Statement of dismissal.
5. Order on the dismissal of the employee.

Download on our site:

• The order form of dismissal for health;
• Filled sample order of dismissal for health;
• Filled sample certificate confirming the presence of places for light labor;
• Approximate Sample Notifications from Enterprise Translation;
• Approximate Sample Refusal Act Sign by Translation;
• Approximate Sample Translation Refusal Statement;
• Approximate example of an order of translating to light labor;
• Approximate sample of filling out the order of translating to light labor;
• 
  Approximate sample application for dismissal for health;
• Approximate sample of filling out an application for dismissal for health;
• Sample Sample for ITU;
• Exemplary sample of filling out an ITU statement.

4

Compensation

According to TK RF (Art. 178), When dismissing for health, the employee can count on material payment, but no more than a two-week average earnings. At the same time, its size decreases if the subordinate used his next leave "Advance". In addition, at the request of the leadership, compensation can be increased for the high achievements and employment of the employee of the enterprise.
If the employee has a "neglected vacation", he has the full right to use it until the calculation or to receive material assistance instead. This rule applies to all categories of dismissed, including health.
To calculate the manual, you need to know the amount of the average earnings (ZSR), which is calculated by the formula:

ZSR \u003d ZSRD * PSD: 2,

where ZSRD - salary (average daily); PRD: 2. - the number of working days over the past two months.

In turn, the average daily salary is determined as follows:

ZSDN \u003d ZP2M * PHRDF

where ZP2M - earnings over the past 2 months; PHRF - The number of actually spent days for the month.

Advice: If you do not agree with one or another employer's decision regarding the size of the output benefit, it is recommended to begin to study the basic provisions of its employment contract. As a rule, all the conditions for payments are spelled out there. This will be the basis for filing a complaint to the superior instance, including to appeal to the court.

5

Warranties for military personnel

This question is regulated Decree of the Russian Federation "On the payment of a prize to military personnel for good and efficient performance of official duties and annual material assistance."

In this case, the size of the output benefit is significantly higher and includes:

• the material payment in the amount of two (if the service was up to 20 years) or seven monthly salary (if there is a continuous experience of more than 20 years);
• prize for the "Valiant Service" (at the discretion of the leadership);
• payment in case of replacement of military position - in the amount of one salary;
• material reimbursement instead of a "discharge set", which relies over the year of service (if the experience is more than 20 years).

On our site you can find:

1. Exemplary sample report on dismissal for health;
2. Exemplary sample report on the payment of material assistance when dismissing for health.

Remember that your rights are fixed in Labor Code of the Russian Federation. If the employer refuses to pay the day off, you have the full right to contact law enforcement agencies or court. In this case, the bosses may threaten administrative, disciplinary or even criminal responsibility (depending on the specific situation).