Dismissal of an employee for health reasons. If your health does not allow you to continue working: all the rules for dismissal

Partial or complete loss of ability to work by an employee is not uncommon and, in some ways, quite natural. The human body tends to wear out under the influence of age factors, diseases, injuries that occur both at work and at home. At the same time, the performance of labor duties in each specific case requires an absolutely certain minimum level of physical and psychological capabilities. That is why the legislator has provided a clear mechanism of action aimed at protecting the interests of production and workers in the event of an employee’s dismissal for health reasons.

Grounds for termination of labor relations for medical reasons

According to the current labor legislation, the basis for termination of an employment agreement for medical reasons can only be an expert medical report confirming the employee’s complete or partial, permanent or temporary loss of ability to work.

The decision to establish the degree of disability can only be made by a special medical commission

Today, the following medical entities are authorized to issue such documents:

• Clinical Expert Commission (CEC) - determines the degree of temporary disability and makes recommendations regarding the conditions and nature of the work shown to the citizen during the decrease in the level of his working capacity caused by the disease.
• Medical and Social Expert Commission (MSEC) - makes decisions on recognizing a citizen’s complete or partial permanent loss of ability to work (recognizing a citizen as disabled) and makes recommendations on the conditions and nature of his work in the future or on complete refusal to work.

The decisions of medical expert commissions are binding and, regardless of the wishes of the working citizen regarding whose health status they are made, they are sent to his employer for execution.

At an enterprise, in connection with the receipt of such a document, one of the following situations may arise, requiring the dismissal of an employee:

• Based on the complete loss of the employee’s labor function, the employer is obliged to dismiss him immediately under clause 5 of Art. 83 Labor Code of the Russian Federation;
• if the ability to work is partially lost and a medical report recommends only a transfer to another, most suitable position, the employer has such an opportunity, but the employee did not give his consent, the employment contract is subject to termination under clause 8 of Art. 77 Labor Code of the Russian Federation;
• when, if the employee’s ability to work is partially reduced, the employer does not have the opportunity to transfer to another position, the citizen must be dismissed under clause 8 of Art. 77 Labor Code of the Russian Federation.

Note that the law (Article 73 of the Labor Code of the Russian Federation) provides for the termination of labor relations in the event of partial temporary loss of ability to work (with the simultaneous disagreement of the employee to the transfer or the absence of a suitable vacancy on the staff) only when medical recommendations require a transfer for a period longer than four months. Otherwise, the employer may suspend the employee from work without pay for the period required in the conclusion.

Labor legislation considers dismissal due to loss of ability to work as a process, the initiator of which should rather be the employer (this is evidenced by the norms establishing the obligation to organize regular medical examinations for employees and the obligation to comply with decisions of medical expert commissions). If we consider a situation where an employee wants to resign of his own free will without the appropriate medical document, appealing to his state of health, dismissal should occur in accordance with the general norms of labor legislation.

Step-by-step dismissal procedure

Dismissal of a citizen on the basis of a medical report on the inability to work, regardless of the degree of disability, the possibility of transfer and other circumstances, does not require work. On the contrary, the instructions of the medical commission must be carried out immediately, since continued work activity may lead to irreversible consequences for the citizen’s health.

The algorithm for an employer's actions in a situation where an employee needs to be dismissed for medical reasons is the following sequence of actions:

1. Obtaining a medical report on complete or partial loss of work function (the employee can submit the document in person or via mail).
2. If medical recommendations provide such an opportunity, and there are suitable vacancies on the staff (corresponding to the level of ability and qualifications of the specialist, including lower-ranking and lower-paid ones), the employer is obliged to offer the employee a transfer to the appropriate position. The proposal is put in writing and handed to the employee with the obligatory marking of familiarization on the employer’s copy. A citizen can formalize his disagreement with the transfer either in the form of a separate statement or by writing on the notice itself received from the employer (in the employer’s copy). If an employee refuses to become familiar with the proposed vacancies, this fact should be recorded by drawing up an appropriate act.
3. When the decision to dismiss is made (on the basis of establishing a complete lack of ability to work, disagreement with the proposed transfer, or the absence of suitable vacancies on the staff), the employer draws up a notice of termination of the employment relationship for health reasons. The document must contain an explanation of the reasons that served as the basis for dismissal; it is drawn up in two copies. The employee puts a mark of familiarization on the employer's copy. Refusal to familiarize yourself with the relevant document.
4. Publication and registration of an administrative document on termination of an employment agreement.
5. Familiarization of the dismissed person with the order with a mark of familiarization on it.
6. Carrying out calculations.
7. Entering information about the completion of labor activity in the organization in the work book.
8. Issuing a work book or sending a notification about the possibility of receiving it at the employee’s residence address.
9. Entering data on termination of the employment agreement into the personal file and personal card of the dismissed person.
10. Notification of the military commissariat and bailiff service about dismissal if they are interested.

Note that disability (permanent loss of ability to work) is a special case of loss of ability to work, therefore the procedure for terminating labor relations on this basis is no different from that described.

Paperwork

Basic documents drawn up by the employer and employee during the process of dismissal due to disability:

• Notification of a working citizen about the availability of vacant positions in the state that suit him according to the required level of qualifications and are not prohibited by medical recommendations with an offer to transfer.
• An employee’s statement of disagreement with the transfer to the proposed positions.
• Notification of termination of employment relations due to the presence of medical contraindications to continued work.
• An order of dismissal due to the deterioration of the health of a working citizen.

Sample notification (proposal) of transfer to a position that complies with medical recommendations

1st category machine operator

I.S. Sergeev

Notification

Dear Igor Stepanovich!

OJSC "Stroy" informs you that, according to medical report No. 23 dated 05.08.2016, issued by MSEC No. 1, you are recommended to be transferred to a position corresponding to the current state of your health, lasting 6 months. We explain to you that, according to Article 73 of the Labor Code of the Russian Federation, you have the right to:

• agree to be transferred to one of the positions offered to you. In this case, you will continue to work at our company in accordance with the terms of the previously concluded employment agreement (taking into account the changes and additions that will be made to it during the transfer);
• refuse the transfer. In this case, we will be forced to dismiss you under clause 8 of Art. 77 of the Labor Code of the Russian Federation.

List of vacant positions at Stroy OJSC as of 08/05/2016, permitted to you in accordance with medical recommendations:

• carpenter;
• mechanic;
• engineer.

A note indicating that the employee has read the job description.

A note indicating the employee’s acceptance or refusal of the proposed vacancy.

We ask you before 08/08/2016. notify management in writing of your decision.

Date and signature of the director.

Date and signature of the employee.

An example of an application for refusal to transfer to the proposed position

To the Director of OJSC "Stroy"

I.P. Yuryev

Machine operator 1st category

I.S. Sergeeva

Statement

I hereby inform you of my refusal to transfer for the proposed vacancies. Consequences of refusal to transfer, provided for in Art. 77 of the Labor Code of the Russian Federation, explained and understandable to me.

Date and signature of the employee.

Example of a notice of termination of an employment contract

1st category machine operator

I.S. Sergeev

Notice of termination of employment contract

Dear Igor Stepanovich!

We hereby bring to your attention that due to the refusal of the vacancies offered to you for transfer (absence in the state) corresponding to your state of health and on the basis of clause 8 of Article 77 of the Labor Code of the Russian Federation, employment contract No. 12 dated 04.05.2010. will be terminated on 08/07/2016. To familiarize yourself with the order and complete the necessary documents, we ask you to come to the HR department on the day of dismissal - 08/07/2016.

Date and signature of the director.

Date and signature of the employee.

Sample administrative document on termination of labor relations

Sample letter of dismissal in case of complete loss of ability to work

Entering information into the work book

Information about dismissal for medical reasons is entered into the work book according to the general rules established by the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003).

Example of filling out a work book (table)

Final payment: salary and compensation

On the last day of work with the employee, a full payment must be made. In case of dismissal due to health reasons, the following payments are due:

• Wages for actual hours worked.
• Compensation for unused labor leave, taking into account the time worked during the working year.
• Average earnings for two weeks (severance pay).

The calculation of two-week average earnings is based on the average earnings for the previous working year.

How to calculate two-week average earnings

Machine operator I.S. Sergeev has a monthly salary of 20,000 rubles, and worked 250 working days during the pay period from August 2015 to July 2016. Accordingly, the average two-week earnings (based on a five-day working week) are calculated as follows:

(RUR 20,000 x 12 months / 250 days) x 10 days = RUR 9,600

Accountants should note that the two-week severance pay is not subject to personal income tax and contributions to extra-budgetary funds.

Art. 217 Tax Code of the Russian Federation

If an employee’s loss of ability to work is due to any production factors (such information must be contained in the conclusion of a medical expert commission), the average salary is paid to him until recovery.

What is professional incompetence? Sometimes the dismissal of an employee for health reasons is confused with dismissal due to professional incompetence, but these are different cases. Professional unsuitability - the employee’s inadequacy for the position held, possible reasons: the employee is not suitable for a position in a particular organization; the employee does not correspond to the position held - lack of qualifications; inadequacy of the position due to dishonest performance of one’s duties; other reasons beyond the employee's control.

Possible difficulties and controversial situations when dismissing an employee for health reasons

The existing judicial practice of reinstatement after dismissal for health reasons indicates that employers make the following common mistakes:

• Incorrect assessment of the recommendations set out in the conclusions of medical commissions (for example, there are known cases of dismissal of an employee when a temporary disability lasting less than four months is established).
• Failure to comply with the procedure for dismissing an employee (for example, the employee is not offered an existing vacancy, refusal to familiarize himself with the proposed vacancies is not documented in the appropriate act, and so on).

Despite its apparent simplicity, dismissal of an employee for health reasons is a rather multifaceted procedure. In such a situation, legislation requires the employer to be able to correctly evaluate and interpret the recommendations of medical experts, clearly understand and implement the rules on transfer, removal of an employee from work, and dismissal. Particular care should be taken in situations where the employee does not agree with the proposed options for resolving the situation, because the matter may lead to litigation.

Injuries, acute and chronic diseases can undermine not only a person’s health, but also his ability to work. The latter fact is reflected in career activities: frequent sick leave is frowned upon by management, which can ultimately lead to dismissal. But does management have the right to do this?

Can I be fired for health reasons? The legislative framework

• Labor Code;
• The Constitution of Russia;
• Code of Administrative Violations;
• Fundamentals for protecting the health of citizens.

• loss of ability to perform previous duties (clause 5 of Article 83 of the Labor Code);
• refusal of the employee to be transferred to another position with lighter duties (clause 8 of Article 77);
• further impossibility of continuing work due to the identified illness (clause 3a of Article 81 of the Labor Code).

In connection with suspected injury or illness, a medical examination will be required, since the employee’s poor health alone is not grounds for termination of work. This corresponds to item 1 of the list above.

Point 2 speaks of the employee’s reluctance to leave his current position and transfer to a more acceptable one (due to health reasons). However, if continuing activities in the same place threatens to deteriorate the employee’s well-being, then the manager, referring to clause 8 of Art. 77 of the Labor Code of the Russian Federation, is obliged to dismiss him or transfer him to another type of activity within the enterprise. Otherwise, the employer will be held liable for violation of the Federal Law on Labor Protection (Article 5.27 “Violation of labor legislation and other regulatory legal acts containing labor law standards”).

Point 3 speaks of the employee’s inability to continue working due to illness, since this negatively affects both the condition of the person himself and the quality of the work he performs. Based on this, the employer must offer the employee a transfer to another, simpler position in the enterprise, if there is one. If there are no suitable positions on staff, then management breaks off labor relations.

Documents confirming the employee’s health status for dismissal

• medical examination certificate;
• a written warning to the employee about the presence or absence in the state of another position suitable for his condition;
• written refusal of the dismissed employee to be transferred to another position;
• notifying the employee of his dismissal;
• resignation letter from the employee;
• an order to terminate labor cooperation indicating the relevant legal basis.

The mandatory, main document that determines the further dismissal of an employee is a medical report. It is issued by a clinical expert commission (KEC) or a medical and social commission (MSEC).

Degrees of disability

1. Inability to continue to perform one’s duties in the previous workplace, as well as in a new position with lighter similar responsibilities.
2. Work activities with the same powers, but under special conditions for the employee: for example, with the availability of equipment necessary for the employee’s rehabilitation, etc.
3. Performing duties with the help of strangers or complete loss of ability to work.

Procedure for dismissal due to health reasons

Based on this conclusion, a disability rehabilitation card is issued and a medical commission makes a decision on how fit the employee is for further work.

There are 3 groups of disabilities that limit a person’s ability to work:

• Group 3 – working (the employee has the right to continue working with minimal restrictions);
• Group 2 – complete disability;
• Group 1 – absolute incapacity, in which the employee is forced to leave work.

The dismissal of a sick employee will take place if it is officially confirmed that further continuation of labor cooperation is impossible and it can harm not only the sick employee himself, but also those around him.

• the employee’s reluctance to move to another civilian position;
• there is no suitable position in the organization to which the employee could move;
• the patient is declared completely incompetent and is not allowed to continue his work.

Transfer of an employee to another position is carried out in accordance with Art. 73 of the Labor Code of the Russian Federation “Transfer of an employee to another job in accordance with a medical report.” Moreover, the transfer can be either temporary (for up to 4 months) or final. When transferred to a place with lower earnings, the previous payments are retained for a month.

Is work needed?

• the medical commission has not established categorical prohibitions on the performance of current duties;
• there are clarifications regarding the transfer of an employee to a lighter position at the enterprise;
• the employee expressed a voluntary desire to resign due to poor health, without the decision of medical experts.

If a medical certificate allows the possibility of continuing to work in this position, then work on the part of the employee will be required.

Registration of a work book

The indication of the article of the Labor Code of the Russian Federation in the work book must be accurate, since an error may lead to problems for the employee during further employment.

Severance pay

• cash payment for time worked (meaning the actual presence of the employee at the workplace);
• monetary compensation for unused vacation time;
• a special payment based on average earnings for 14 days.

(salary for 30 days? 12 months? number of days worked per year) ? 10 days.

If an employee’s health problems began due to production activities, a special payment is accrued until the employee’s condition returns to normal.

Health problems to one degree or another plague most of the population, but not every disease prevents a person from working effectively. Less often, but it happens that during the next medical examination or an unscheduled visit to the doctor, medicine issues a verdict that the employee is unsuitable for further work. After such a conclusion, the specialist and his employer have only one option left - dismissal for health reasons.

Legal aspects

Several cases can become a medical obstacle to continuing work in your chosen specialty:

• illness resulting in disability with complete or partial loss of ability to work;
• an occupational disease that interferes with the performance of duties in a given position (the employee may well work in a less dangerous or harmful field);
• injury or accident (much depends on whether it occurred at work or outside of it).

The further course of action of the employee and the employer depends on the degree of ill health and the percentage of loss of ability to work. When doctors have made a disappointing diagnosis that allows you to work, but it is simply physically difficult for a specialist to continue to perform his duties, then we can say that the calculation is carried out according to the personal desire of the sick person, Art. 80 TK.

If the diagnosis hinders the work of a professional from the point of view of the law and labor protection requirements, but does not prohibit changing his specialty, then dismissal is possible only after a difficult procedure of finding a compromise with the employer. In the end, the reason for leaving will be the lack of suitable translation options, Art. 81 TK.

But the most unfavorable situation may arise in which the resulting disease leads to an absolute ban on work. Nothing here depends on the wishes of the parties. Dismissal will be dictated by the provisions of Article 83 of the Labor Code of the Russian Federation.

Reasons

In fact, dismissal for health reasons is possible only after receiving a certificate from a medical institution. After all, no matter how the employee himself feels, only the medical commission has the right to decide how much he is able to work in this position in particular and whether he is able to work at all.

So, if a doctor diagnoses a serious illness, but does not prohibit him from working in his specialty, then dismissal of an employee for health reasons is possible based on the decision of the employee himself. In this case, the illness will only be an argument in a conversation with the boss to obtain a settlement. In the application, mention of illness will only become an additional circumstance ().

If a conclusion is made about complete loss of ability to work, an application for dismissal for health reasons is not written. According to Art. 214 Labor Code, the employee is obliged to immediately notify of receipt of the document from the hospital. For the safety of the employer, it will be better if the employee does this in writing. After receiving the message, a dismissal order is issued.

Things are more complicated in situations where work capacity is limited (temporarily or permanently) or a change in activity is recommended. It will not be possible to remove such an employee from the staffing table. Only if he refuses to be transferred to other positions can an order be issued. But he will not be dismissed for health reasons, but due to refusal of transfer. This rule has been in effect for many years and has not changed as of 2019.

Is it possible to dismiss at the initiative of the employer?

If doctors have made a conclusion about an employee’s professional incompetence, the employer does not have the right to allow a person with such a certificate in hand to work. The paradox of the situation is that the employer also does not have the right to fire him on this basis. Based on the norms of Art. 81 of the Labor Code, dismissal for health reasons cannot become a natural step as a reaction to an employee’s disability.

To legally issue an order and peacefully part with an ailing employee, you must first make every effort to socialize him in the changed living conditions. To do this, the employer is obliged to find all suitable vacancies for the person. First of all, they must suit him due to his poor health. You can even offer lower paid positions and with lower qualifications. And only in the case of a written refusal to change a place in the personnel hierarchy, can we say that the management has fulfilled its obligation under the Labor Code of the Russian Federation. But even then the order will be drawn up on the basis of clause 8) of Art. 81 Labor Code of the Russian Federation.

It will not be possible to immediately fire a specialist with physical disabilities on the initiative of his superiors. First you will need to make an effort to translate it, Art. 81 TK.

Procedure for dismissal due to health reasons

Parting with an unhealthy specialist often happens quite quickly. But you can do this correctly and without consequences if you follow the procedure for dismissal for health reasons:

When calculating on the recommendation of doctors, an application for dismissal for health reasons is most often not written. But, if leaving is motivated more by personal feelings than by legal requirements, then you can take a standard statement as a model or write it in any form.

Payments and settlement

If poor health has become the reason for leaving your favorite job, then information about what payments are due to the employee upon dismissal for health reasons will be little consolation:

In addition to paying severance pay, dismissal for health reasons retains the employer’s obligation to provide compensation for unpaid vacation. If an employee used “extra” days of rest in the current working year, then the employer’s accounting department has no right to withhold vacation pay already received by him, Art. 137 TK.

It is impossible to fire a pregnant woman who has been recommended for “light work” even if she refuses to be transferred to a new position found for her, Art. 261 TK.

Do I need to work it out?

Based on the conclusions of doctors and the requirements of labor protection legislation, if it is completely impossible to perform labor functions, the employer cannot require a specialist to work until a replacement is found. Accordingly, there is no question of any training.

But what if the doctors did not directly prohibit you from working or recommended a transfer to an easier position? If an employee makes a decision to resign based on personal well-being, and not on the opinion of doctors, or responds to an offer to transfer with a sharp refusal, then this can be regarded as due to health reasons. In this situation, the question of working out becomes more relevant.

Circumstances that give the employee the right not to inform about his intention to leave work in advance are listed in Art. 80 TK. The list of them is very short and not exclusive. The phrase “other cases” gives parties to the employment relationship a lot of room for creativity. Often illness is also considered a situation where continued work is impossible and must be stopped immediately. Courts often take the employee’s side when considering cases of refusal to work based on deteriorating physical condition. But still, if the doctor’s certificate does not contain a direct prohibition on working in the present conditions, then the validity of the reason for canceling the warning period will be assessed by the management. And the dismissal will most likely be formalized as an agreement of the parties, clause 1) of Art. 77 TK.

One of the saddest reasons for leaving a job is dismissal due to poor health. It’s even more offensive when a person is ready to work, but the doctors’ ban becomes an insurmountable obstacle on his way. The only consolation will be a reminder that the requirements for the physical condition of workers are not taken out of thin air, but are determined by the need to ensure the safety of both the specialist himself and those who depend on him due to the duties he performs. Taking this into account, a responsible professional will always make an informed decision and apply himself in a related field.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

The Labor Code and other regulatory documents regulate all issues of dismissal, payment of compensation, establishment of required benefits and guarantees upon termination.

Grounds for dismissal due to illness

Termination of work for health reasons can be made for the following reasons:

1. If the employee’s health condition does not allow him to continue, and he refuses to be transferred to another job suitable for health reasons. When the employer cannot provide other work.
2. The employee is recognized by ITU as completely incapacitated for work. The employment relationship with the employee is terminated only based on a certificate of disability, or medical report medical commission on the compliance of the employee’s health with the assigned work. The procedure for issuing a medical report is regulated by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441n.

Dismissal due to illness due to determination of total incapacity for work

The basis for dismissal is a certificate of disability marked “Unable to work” or an extract from the examination report. A certificate of incapacity for work with the disability group indicated and the date of its establishment. Without a certificate, ITU does not give the right to establish the benefits and guarantees due to a disabled person. This leads to the following conclusion:

• The above documents are required. After receiving the certificate, an order is issued in form T-8 to terminate. The date and wording of the dismissal are entered in strict accordance with the Labor Code of the Russian Federation, with reference to Article 83, paragraph 5.1. The employee gets acquainted with the order against signature on the day of its publication. A full calculation is made, including all types of amounts due at the time of dismissal, two-week average earnings.

In the list of items handed out to a dismissed employee documents include:

1. order (at the written request of the employee);
2. The issuance of a certificate for the two calendar years preceding dismissal is mandatory (Federal Law No. 255-FZ of December 29, 2006);
3. Other documents necessary for the employee or copies thereof upon the employee’s written request.

Dismissal under clause 8 of the first 77th article of the Labor Code of the Russian Federation

The procedure for dismissal is the same as for a finding of total disability. The difference is that at first All available vacancies suitable for health reasons are offered. Dismissal due to illness is carried out only as a last resort, when all possibilities for providing the sick employee with the necessary work have been exhausted.

A job offer can be issued in the form of an order or notification, with whom the employee gets acquainted with signature. The employee’s refusal to transfer must be in writing. A convenient option would be to draw up an act. When the impossibility of providing work comes from the employer, the notice must be in writing, indicating the reasons.

Difficulties encountered during dismissal

In practice, dismissal due to illness, due to complete inability to work, often comes down to correctly determining the date of termination of the employment relationship. for all types of dismissals (Part 3Article 84.1) determined the date of dismissal - the last day of work.

The termination of the employment relationship should be considered the day preceding the establishment of disability. It happens when an employee presents a certificate some time after the examination. If the employee continues to work after being diagnosed with disability, then the day will be the date of presentation of the ITU certificate.

To avoid negative consequences, it is recommended the date of provision of the certificate is reflected in the act attached to the order. Disputes of a complex nature arise when another job is provided or refused. In such cases, you can contact a specialist for advice.

The dismissal of an employee due to illness is provided for in paragraph six of Article 42 of the Labor Code of the Russian Federation (hereinafter referred to as the Code). Temporary incapacity for work can serve as one of the grounds for dismissal if it lasts continuously for more than four months. The exception is leave due to pregnancy and upcoming childbirth. For certain diseases, a longer period of employment is provided. For example, if an employee contracts tuberculosis, the workplace is retained for up to twelve months.

Those who have lost their ability to work as a result of a work injury or have received an occupational disease also have the right to retain their place of work for a long time until they are fully restored to their ability to work or until disability is established. The application of this rule does not depend on the culprit who caused the injury (employer or employee) and the occupational disease.

Dismissal of an employee due to illness lasting more than four months is also regulated by law. It depends on the availability of production needs. The final decision is influenced by the possibility of recovery in the near future, as well as the advisability of hiring a temporary worker. The employee is subject to full reinstatement to his previous place of work if it is determined that there is no operational need for dismissal. In the process of terminating an employment contract, the employer is obliged to take measures to transfer the employee to an alternative place of work and notify the trade union committee two weeks in advance.

How to dismiss an employee due to death?

Labor legislation provides for all situations that arise in the interaction between employees and employers. Dismissal due to the death of an employee is no exception. For an employer, the death of an employee can serve as one of the grounds for ending the employment relationship. In this case, the employer is obliged to fully comply with the dismissal procedure. An order is drawn up in the appropriate form and all kinds of documents are prepared for the payment of compensation provided for by law, and the remaining funds are also calculated. A corresponding entry is made in the work book. There can be two documents as grounds for dismissal. These include:

• A court ruling declaring a person dead;
• Death certificate from the registry office.

The presence of one of the documents is considered a necessary condition for termination of the employment contract; its validity is terminated regardless of the will of the employer. There is a special form T-8 for the Order of Dismissal. It was approved by GoskomStat on 01/05/04. The reason for the end of the relationship is indicated - “due to death.” A mandatory entry is made in the work book. After all the necessary entries, the work book is handed over to the relatives of the former employee.

Relatives request the work book in writing. It can be sent by registered mail. After the death of an employee, his relatives must be paid the sums of money due to the deceased. The employer is obliged to make a payment within a week upon receipt of all necessary documents. The amount obligatory for payment includes accruals due to the employee under the employment contract, funds obligatory for payment in connection with death.

All possible calculations of amounts paid for a deceased employee are drawn up in a special note in the T-61 form. The amount cannot exceed the maximum payment established by law. If desired, the employer can pay social assistance to relatives. The recipient of monetary compensation due to a deceased employee can only be his immediate relative. Monetary compensation for burial can be paid not only to relatives, but also to any other person who takes upon himself the responsibility to pay funeral expenses.

What can a person fired from work expect to receive in case of illness?

The employee is required to do so. The former employee receives money for days missed if he has not found a new job. When calculating sick leave, the same scheme is used as during work. All missed days are taken into account, taking into account the insurance period.

If an employee is laid off without liquidating the enterprise, the employee is given the right to receive sick leave in case of illness.

To pay, he must contact his former employer. An enterprise that has become bankrupt and reduced its workforce is not required to pay sickness benefits to its employees. Those laid off in this way receive their disability payments from the Social Security Fund.

If an employee leaves work of his own free will, then even in this case he can exercise the right to payment for days of incapacity, which he retains. This is relevant when illness excludes the possibility of finding a new job. In this case, the employer cannot refuse to pay sick leave. The maximum duration of sick pay can be twelve months. To pay sick leave, the average amount of earnings and insurance coverage are taken, and on this basis the amount of payment for each day of illness is calculated. If the work experience is less than six months, the minimum wage in the region is taken as a basis.

How to fire an employee during illness?

According to the law, dismissal of an employee on sick leave is prohibited if the initiator is the employer. The only exception is . In such a situation, all staff are fired, including those on sick leave. It’s another matter if this is the will of the employee. In this case, based on the application, the employer can dismiss the employee in two cases:

• at your own request;
• by agreement of the parties.

The Code does not establish a limitation on the time of filing a resignation letter. Therefore, an employee can declare termination of employment while on sick leave. Moreover, the two-week period of compulsory service will be counted, even if you do not go to work due to illness. If an employee takes sick leave after dismissal, the process may be declared invalid by the court, and there is a possibility that the employee will be reinstated.

For enterprises of all forms of responsibility and individual entrepreneurs, it is very important to comply with the requirements of Russian legislation regulating the processes of dismissing an employee due to illness. This is necessary not only because of the threat of fines for violating the established procedure, but is also important from an ethical point of view. The death of an employee and the dismissal that follows must also be carried out in accordance with established standards. This will help reduce the tension of the situation as much as possible and correctly record the tragic event.