Is it necessary to fire an employee who conceals a disability?

If you hide the fact that you are disabled group 3 when applying for a job

For example, it has enough space, ventilation and is not located in the basement.

So what do they mean:

1. A group 3 disabled person has the right to refuse overtime work.
2. A probationary period cannot be introduced for a group 3 disabled person.
3. The vacation of a disabled person of group 3 is 26 days or more.
4. A disabled person of group 3 has the right to unpaid leave for up to 30 days.

It should be noted that disabled people of groups 1 and 2 have the right to a working week not exceeding 35 hours.

Personal income tax on payments to disabled employees

A disabled employee may be provided with standard tax deductions:

1. 500 rubles per month. They can use it:

• disabled people of groups 1 and 2;
• disabled children.

1. 3000 rubles per month. The following are entitled to it:

• Disabled people affected by nuclear weapons testing and radiation accidents;
• disabled people of the Great Patriotic War;
• disabled people of all groups assigned as a result of wounds, injuries or contusions received during the defense of the USSR or the Russian Federation.

1. These deductions do not depend on the amount of annual income.
2. If the nature of the disability allows you to qualify for both benefits, then the employee is provided with the greater of them.

Personal income tax is also not assessed on:

• amounts spent by the organization on the purchase of technical means of prevention and rehabilitation of disabled workers;
• no more than 4,000 rubles of financial assistance to former disabled employees who have retired (amount over 4,000 rubles is taxable);
• the cost of vouchers for treatment in health-improving and sanatorium-resort institutions;
• The reimbursed cost of medicines is within 4000 rubles.

The benefit for medicines is valid if they are prescribed by a doctor and there are documents confirming the purchase.

The employee hides his disability. What should I do?

, YOU SHOULD KNOW THIS Informing the employer about disability is the right, not the obligation of the employee. Guarantee 2.

Involvement in work at night (from 22:00 to 06:00), overtime, on weekends and holidays is permitted only with the written consent of the disabled employee and only if he is not prohibited from doing so for health reasons in accordance with medical conclusion (Articles 96, 99, 113 of the Labor Code of the Russian Federation and Article 23 of the Law on Persons with Disabilities).

Guarantee 3. Provision of annual leave of at least 30 calendar days (Art.

23 of the Law on Persons with Disabilities), DON’T FORGET! Inform the disabled employee, against signature, of his right to refuse overtime, night work, holidays and weekends Guarantee 4.

Providing leave without pay at the request of a disabled person for up to 60 calendar days per year (Article 128 of the Labor Code of the Russian Federation)

If an employee concealed a disability when applying for a job

Informing the employer about disability is the right, and not the obligation of the employee. The employer’s responsibility for failure to provide a disabled employee with guarantees established by law can only be discussed if the employee presents documents confirming disability, and the employer, despite this, is in no hurry to provide the employee the specified guarantees. Of course, in practice, employees rarely make such a request in writing. Usually employers meet them halfway and issue copies of the necessary documents upon verbal request. But if you follow the letter of the law, it turns out that until the employee makes a written application for the issuance of a particular document, you are not obliged to issue him anything. Finally, we note that a document confirming the characteristics of an employee’s working conditions can be a workplace certification card for working conditions.

Is it possible not to tell your employer about your disability?

The employee is not responsible for concealing information about the presence of a disability from the employer.

Attention: If an auntie on a tram asks you to show her your passport, you can refuse her without any consequences.

Not presenting your passport to a policeman who is “on duty” is a completely different matter. When applying for a job, we are required to present a passport - the employer must know what country you are a citizen of, where you are registered, etc.

If you go to work at night, you must inform whether you are pregnant, they may even ask you to confirm with a certificate. In which case, the employer will be held liable if it was determined improperly.

If you bring a fake certificate, the responsibility is yours alone.

And if the director simply doesn’t want to get involved with a potential “maternity maid”, he can talk about his pregnancies whatever you want, it’s none of his business at all.

Responsibility of a disabled person for concealing the presence of disability

How to fire an employee for theft and embezzlement? Answers to questions from No. 9, 2013.

Important Determination of disability for an individual occurs in a certain order, which is established by law.

In this case, it is necessary to conduct an examination and draw up a medical report indicating that the person is a disabled person. Establishing this status is a procedure not only of a medical, but also of a legal nature, since the status of disability presupposes the formation of a special relationship between a person and society.

Disabled people can receive benefits, a disability pension, and also have restrictions in terms of legal capacity and employment. Disabled people are divided into three categories, depending on the degree and nature of the deviations. It is worth noting that disability is assigned not only to people with physical, but also to people with mental disabilities.

What to do if an employee hid information about being disabled

has been working for the company for four months. Periodically, the employee began to go on sick leave and each time for a longer period.

They found out that he is a disabled person of the second group, and when he was hired, he hid this information, as well as the fact that he has contraindications to certain types of activities. Later, the employee presented documents confirming contraindications to work and demanded benefits or another position, otherwise he would go to court. The employer was unable to fulfill these requirements and fired the employee under part one of Article 77 of the Labor Code.

What does the law say about the essence of the dispute?

When hiring, the employer has the right to request from the employee only documents the presentation of which is mandatory by law ().

Sick leave for a disabled employee

Temporary disability benefits are calculated in the same way as for ordinary employees. The difference lies in the maximum paid periods.

According to the law, sick leave benefits for a disabled person are paid for no longer than 4 months in a row (for one insurance case) or 5 months in total for the year (if sick leave is issued for different insurance cases).

If you contract tuberculosis, payments for loss of ability to work continue until complete recovery or until you are assigned another disability group.

If an employee refuses or does not appear for examination, the sick leave is closed, and the period exceeding 4 months is not paid.

Limitation on the duration of sick leave is applicable only in case of incapacity for work of the disabled person himself. Caring for sick family members, sanatorium treatment and prosthetics time (taking into account travel time) are not included in the time limit.

Is an employee required to inform the employer about his disability?

Rationale for the conclusion: Article 65 of the Labor Code of the Russian Federation provides for a list of documents presented when concluding an employment contract. This provision does not contain instructions for the submission of documents confirming the fact of assignment of disability. Moreover, Art. 65 of the Labor Code of the Russian Federation prohibits requiring from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

Suppose an employee has a disability, but did not inform the employer about it. Does it violate any legal requirements? Is he responsible for hiding this information? Is the employer responsible for the fact that he employs a disabled person of whom he does not know? In the event of an accident at work with such an employee, will the employer be responsible for failing to provide working conditions taking into account the real state of health of the employee, etc.?

How to check employee disability

Labor legislation does not provide for the obligation of a candidate, when applying for a job, to present documents on his state of health or documents on the presence/absence of disability.

If it is not possible to visually establish that a person applying for a job is disabled, then it is impossible to find out that he has a registered disability without special documents.

Disabled people are ready to give up these benefits in order to get a job, so they are in no hurry to inform the employer about health problems. What basic guarantees are you required to provide to a disabled employee?

However, we hasten to reassure you. If the employee does not consider it necessary to disclose his disability, then you do not have any obligation to provide him with appropriate guarantees. This obligation arises only from the moment he submits documents confirming his disability.

This is expressly provided for in Art. 11 of the Law on Persons with Disabilities. In this case, as the law says, the employer is released from liability for failure to comply. However, the procedure for such refusal is not currently established by law.

The employee hid information that he was disabled. The employee did not provide documents during his employment. What is the punishment (by law) for the employee in this case? and should compensation be paid for additional leave upon dismissal?

Now I don’t know what’s best, whether to go and speak up or to remain silent. I plan to be at this job for 4 months and quit because I’m leaving.

Our certificate Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities (Part 1 of Article 11 of the Law on Persons with Disabilities).

How can people find out about a disability at work? When applying for a job in a government agency, is it necessary to disclose that you have a disability? Establishment of reduced working hours:• the duration of weekly work for disabled people of groups I and II - no more than 35 hours per week with full pay (Article 92 of the Labor Code of the Russian Federation, Part 3 of Article 23 of the Federal Law of November 24, 1995 No. 181-FZ " On social protection of disabled people in the Russian Federation" (hereinafter referred to as the Law on Disabled People)); • duration of daily work (shift) - in accordance with a medical report (Article 94 of the Labor Code of the Russian Federation); YOU SHOULD KNOW THIS Informing the employer about disability is the right, not the obligation of the employee. Guarantee 2.

This list does not contain any reference to documents confirming the fact of assignment of disability. Moreover, Article 65 of the Labor Code of the Russian Federation prohibits requiring from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. An applicant who does not report his disability may not submit documents on disability, since they are not in the list of documents that must be presented when applying for a job (except for cases provided for by law in relation to certain categories of persons with certain specifics of work).

The employee hides his disability

Situations like yours are not uncommon. Workers often try to hide the presence of a disability. This is primarily due to the reluctance of employers to hire such employees, because they need to provide special working conditions and provide guarantees provided for by law. Disabled people are ready to give up these benefits in order to get a job, so they are in no hurry to inform the employer about health problems.

Warranty 2 . Involvement in work at night (from 22:00 to 06:00), overtime, on weekends and holidays is permitted only with the written consent of the disabled employee and only if he is not prohibited from doing so for health reasons in accordance with medical conclusion (Articles 96, 99, 113 of the Labor Code of the Russian Federation and Article 23 of the Law on Persons with Disabilities).

Is it possible to find out whether an employee has received a disability?

If his personal data can only be obtained from a third party, then the employee should be notified in advance and written consent should be obtained from him. The employer must inform the employee about the purposes, intended sources and methods of obtaining personal data, as well as the nature of the personal data to be received and the consequences of the employee’s refusal to give written consent to receive it (Clause 3 of Article 86 of the Labor Code of the Russian Federation). Our certificate Disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection (Part.

He has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole (Article 11 of Law No. 181-FZ). Therefore, an employee can only bring a disability certificate to work in order to receive general disability benefits provided for by the Labor Code. The IRP of a disabled person includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures. Their goal is restoration, compensation for impaired or lost body functions, restoration, compensation for the abilities of a disabled person to perform certain types of activities (Article 11 of Law No. 181-FZ). Attention: Refusal of a disabled person from the IPR as a whole or from the implementation of its individual parts releases the employer from responsibility for the implementation of such a program.

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The employee hides the fact of his disability from the employer (does not present documents)

– If preferential working conditions and guarantees (reduced working hours, extended vacation, etc.) were not provided to a disabled employee through no fault of the organization (the employee deliberately concealed the fact of disability), there is no need to be afraid of liability. Without guilt there can be no punishment. We must approach the resolution of the situation in a balanced way. It is very important to record the fact of presentation of documents that are the basis for establishing certain benefits or work restrictions for the employee, since it is from this date that the employer has an obligation to provide them.

Now, after Lyudmila brought documents about her disability, it was necessary to urgently correct the situation. First of all, it was necessary to analyze the submitted papers indicating contraindications in work and available types of work. If it follows from them that the work performed by a woman is contraindicated, then the personnel officer must find out whether there is other work in the organization that corresponds to her state of health. If yes, then:

Do I have to disclose my disability when applying for a job?

We must approach the resolution of the situation in a balanced way. It is very important to record the fact of presentation of documents that are the basis for establishing certain benefits or work restrictions for the employee, since it is from this date that the employer has an obligation to provide them. * Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, art. 92, 94, 96, 99, 113, 128, 224 of the Labor Code of the Russian Federation. ** Approved by Decree of the Ministry of Labor of Russia dated March 30, 2004 No. 41. *** A sample form of an individual rehabilitation program is contained in the appendix to the order of the Ministry of Health and Social Development of Russia dated November 29, 2004 No. 287. **** Severance pay is paid in the amount of two-week average earnings (part three of article 178 of the Labor Code of the Russian Federation). ***** Approved by the resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004.

What should an employer do if an employee becomes disabled?

It should be noted that, according to the provisions of Art. 11 of Law N 181-FZ IPR is mandatory for execution by relevant government bodies, local government bodies, as well as organizations (including employers) regardless of organizational and legal forms and forms of ownership. At the same time, the disabled employee himself can refuse the IPR as a whole or the implementation of its individual parts. In this case, the employer is not responsible for its implementation (paragraph 7, article 11 of Law No. 181-FZ).

The employee was assigned disability group I (with the ability to work at the 3rd degree). This means that he is no longer able to work. Then the employer can terminate the employment contract on the grounds provided for in paragraph 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation - recognition of an employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, the employee is paid severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

Hide disability from employer

ITU, approved by Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 N 1031n “On the forms of a certificate confirming the fact of the establishment of disability, and an extract from the examination report of a citizen recognized as disabled, issued by federal state institutions of medical and social examination, and the procedure for their preparation” (together with the Procedure drawing up certificate forms confirming the fact of the establishment of disability, and an extract from the certificate of examination of a citizen recognized as disabled, issued by federal state institutions of medical and social examination), confirming the fact of establishment of disability, indicating the disability group and the degree of limitation of the ability to work, or indicating the disability group without limiting the ability to work, as well as an individual rehabilitation program (clause 36 of the Rules for recognizing a person as disabled). In Part 2 of Art.

Dismissal due to disability - procedure, disability groups and benefits payments

1. Certificate of disability, indicating the degree and validity period. The employer must ensure that after this period the employee undergoes a secondary re-examination. If the employee does not bring a new certificate, he loses his disabled status.
2. IPR, that is, a rehabilitation program for a disabled person. Such a program prescribes the working conditions that need to be created for your disabled employee.

1. Wages are calculated for the actual time worked in the month,
2. Compensation for unused vacation is calculated at the rate of 28 calendar days,
3. In the case where the dismissal is initiated by the manager, the disabled employee is paid a two-week allowance.

Deciding what to do next

Having received a disability, an employee can resign or continue working.

Situation 1. A disabled employee quits

The employee received group 2 or 3 disability (working), but does not want to continue working. In this case, on the basis of an appropriate application, dismissal at one's own request is permitted.

Upon resigning, an employee must receive severance pay in the amount of 2 weeks' average salary.

Situation 2. A disabled employee wishes to continue working

If the employee does not resign, the employer must familiarize himself with the employee’s rehabilitation program and organize the necessary working conditions.

Possible options:

1. The previous working conditions comply with the recommendations of the IPR and a change in work profile or re-equipment of the workplace is not required.
2. Changing working conditions is possible without adjusting the employment contract.
3. Changes to the provisions of the employment contract are required. In this case, one of the options is possible:

• changes in working conditions;
• transfer to another position.

To organize the transfer, the employer issues an appropriate order if there is a suitable vacancy and with the consent of the employee.

If the pay for the new position is lower, the employer must maintain the average salary of the previous position for a month.

If the transfer occurred due to work-related circumstances, then the previous earnings are retained until recovery or until loss of ability to work is officially established.

If the disability is temporary, the transfer is issued for the duration of its validity.

Dismissal procedure for disability

• 1st degree - a person with this degree loses the ability to independently perform any actions and move. Complete disability occurs, since people with 1 degree of disability cannot provide for themselves without outside support.
• 2nd degree - with it, a disabled person has the ability to move with the help of special means. A person can lead a normal life with the help of strangers.
• 3rd degree - a person can move independently with the use of aids, however, without the help of other people. A 3rd degree disabled person can perform work duties under special conditions.

1. An employee writes a letter of resignation.
2. The document is registered in the HR department.
3. The head of the organization reviews the paper and puts his signature on it.
4. The employee may, if he wishes, make a copy of his resignation letter signed by the director.
5. The employer issues a dismissal order.
6. A dismissal date is set.
7. On the appointed day, settlements are made with the employee, and the certificates due are issued to him.
8. The employee receives a work book with a record of dismissal under the relevant article.

If the employee received a disability

Every day, when we meet our loved ones, friends, colleagues, we say hello - and thereby wish them health (“hello” is a word that is used when meeting as a greeting, but the actual meaning of the word is a wish for health).

The criterion for determining disability group III is a person’s health impairment with a persistent moderately severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a limitation of the ability to work of the first degree.

How does a group 2 disabled person get fired?

According to the twenty-first article of the Federal Law “On Social Protection of Disabled Persons of the Russian Federation,” the employer is obliged to employ people with disabilities if the number of employees exceeds 100 people, according to a quota of two to four percent in relation to the average staff.

• as a worker (when a person can work in possible conditions due to his state of health and occupy certain positions),
• and not working, that is, under any favorable conditions created, a person is categorically prohibited from working for medical reasons.

Work restrictions 3rd disability group: list of diseases

1. Shortened working week (only if this is expressly stated in the conclusion).
2. Work on weekends and beyond the hourly rate only with the written consent of the employee himself (unless the prohibition on this is expressly stated in the conclusion).
3. The working week norm is within 40 hours.
4. A list of prohibited types of work, based on the type of physical limitations of the employee.
5. The employee is entitled to 30 days vacation, which is 2 days more than regular employees.
6. There is no probationary period upon admission.
7. An employee has the right to take 60 days of unpaid leave provided by law per year.
8. An employee has the right to take measures to restore his health during working hours, which are expressly stated in his medical report.

• as a means of income, since state payments for this disability are very small,
• as a means of social adaptation.

Legislative acts of Russia provide for the right of citizens with disabilities to get a job, and employers are obliged to accept them. There is a law according to which in organizations with more than 100 employees, at least 2% of disabled citizens must be employed.

Determination of disability for an employee during working life

Re: Should you disclose your disability to your employer? Mia Wallace Think for yourself: to say or not when applying for a job is voluntary (as you yourself said), then what kind of “concealment” can there be? You can only hide what you are directly asked about.

If you weren’t asked for your great-grandmother’s maiden name (and you asked for it, let’s say), this doesn’t mean that you are hiding it?.. On the other hand, the law does not prohibit you from hiding, when applying for a job, those data that the employer does not want you to disclose may be required by law.

There is a law that determines the procedure for providing, storing, processing and transferring a person’s personal data. You are the owner of all information about you personally, and you decide what and to whom to tell about yourself. The laws also establish an obligation in def. situations provide def.

information about yourself.

However, the procedure for such refusal is not currently established by law. However, in any case, such a refusal, in our opinion, should be formalized in writing, at least so that in the future, if necessary, the employer has the opportunity to confirm the fact of the employee’s refusal to carry out the IPR in whole or in part.

Info

The Labor Code of the Russian Federation sets out the responsibilities of the employee. The employee’s obligation to inform the employer about the onset of his disability with the presentation of medical documents confirming this fact is not spelled out here. Therefore, such an obligation does not lie with the employee. By failing to provide the employer with documents confirming disability, the employee thereby deprives himself of the benefits provided for by labor legislation for disabled people (extended leave, reduced working hours, etc.).

An employer who was not informed by the employee about his disability cannot be held liable for failure to provide these benefits. At the same time, if an employee’s disability may lead to a situation that poses a threat to the life and health of people, or the safety of the employer’s property, the employee is obliged to immediately notify the employer about this (Part 2 of Article 21 of the Labor Code of the Russian Federation).

Labor legislation does not provide for the obligation of a candidate, when applying for a job, to present documents on his state of health or documents on the presence/absence of disability. The employee has the right to present only those documents that are directly provided for in Article 65 of the Labor Code of the Russian Federation.

At the same time, nothing prevents an employee from presenting a certificate of disability after being hired and completing a probationary period. The employer, however, is obliged to comply with the guarantees established for disabled employees from the moment such documents are presented to him.

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In order for the labor relationship between the employee and the employer to comply with the requirements of the law, in order to minimize the risk of an unscrupulous employee making claims for non-compliance with his rights and failure to provide guarantees, the employer comes to the aid of various corporate questionnaires for candidates, a list of documents submitted by the candidate when hiring, where one of questions (points) may include the question of the presence/absence of documents on disability.

The questionnaire or inventory with answers must be dated and signed by the employee (or candidate) personally. If the employee’s health deteriorates, the employer will be able to prove that he did not know and could not have known about the employee’s contraindications, since documents on disability were presented later, or the employee hid the fact of having a disability.

If a candidate voluntarily (without hiding) intends to renounce the exercise of his rights as a disabled person (including partially), then his written statement about this will be required.

An employer does not have a legally established opportunity to obtain information about the health or disability of a candidate or employee if the employee himself does not have such an intention. The employer also does not have the right to request health information from third parties (previous employers, medical institutions) without his written consent (clause 3 of Article 86 of the Labor Code of the Russian Federation).

Except for work whose working conditions require preliminary and (or) periodic medical examination, based on the results of workplace certification or a special assessment of working conditions (SOUT).

1. Find out whether the work performed by him in accordance with his employment contract is contraindicated for the employee, for which it is necessary to analyze the results of a special assessment of the working conditions of a given workplace (or certification of the workplace, if its results are valid), comparing them with an individual rehabilitation/habilitation program ( IPR/IPRA) of the employee.
2. Include the appropriate conditions in the employment contract by concluding an additional agreement to the employment contract (paragraph 6, part 2, article 57, part 3, article 57, article 72 of the Labor Code of the Russian Federation).
3. Create conditions in the workplace of a disabled person that correspond to his IPR (IPRA). Let us recall that the program is purely advisory in nature; the employee has the right to refuse to implement the program in whole or in part (Article 11 of the Law of November 24, 1995 N 181-FZ).

• Often a disabled person provides only a certificate of disability, without an IPR application (IPRA). In this case, the employer, in order to protect itself from any claims, should request the program in writing and receive a written refusal from the employee. Otherwise, the employer will have to involve witnesses in case of disagreement regarding the duration of annual leave and the number of working hours per week. The length of service will be calculated from the day the documents are received.
• The Labor Code of the Russian Federation does not regulate the procedure for granting leave without pay for previous years - whether it is summed up over several years by analogy with the annual one, how to count days if an employee’s disability is removed, whether days of leave without pay for the previous period are retained . Such issues are usually resolved through negotiations, by agreement of the parties.
• Disabled people of groups 2 and 3, after their disability group has been established, are issued paid certificates of incapacity for work (sick leave) for a period of no more than four months in a row or five months in a calendar year (Article 6 of the Federal Law of December 29, 2006 N 255-FZ “On Mandatory Social insurance in case of temporary disability and in connection with maternity"). A period beyond this may be paid if such a condition is provided for by the company’s collective agreement. All of the listed conditions for paying sick leave to an employee with a disability apply only for the period of assignment of disability

• When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions (Article 21 of the Federal Law of November 24 .1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”).
• When conducting an assessment assessment, it is necessary to pay special attention to the assessment of workplaces in which disabled people work, discuss, and, if necessary, challenge them before the final approval of the assessment results. The position of the employer and organizations conducting special labor assessments may be different on the issue of the possibility of using the work of disabled people in a particular workplace. The governing document in this case should be SP 2.2.9.2510-09, approved by the Resolution of the Chief State Doctor of Russia dated May 18, 2009 No. 30, and the employee’s IPRA. The employing company is obliged to provide the disabled person with acceptable working conditions.
• If, according to the results of the SOUT, disabled employees work in workplaces with harmful working conditions, then the employee is subject to transfer to another job, in addition, at the same time the question arises about the availability of places with quotas for disabled people at the employer. See the article “Job quotas for people with disabilities.”

1. When a disabled employee is dismissed due to layoff. For additional social protection of disabled people from discrimination, Article 179 is included in the Labor Code of the Russian Federation - with equal labor productivity and qualifications, when the number or staff of employees is reduced, preference in remaining at work is given, among others, to employees who received a work injury or professional injury while working for a given employer disease; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland. Also, the preferential right to remain at work in the event of a reduction in the number or staff is for people with disabilities as a result of the Chernobyl disaster, people with disabilities as a result of exposure to radiation as a result of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River and members of their families who have lost their breadwinner from among the above-mentioned citizens -disabled persons, if the death of such a citizen was a consequence of exposure to radiation as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River.
2. When dismissing an employee due to his recognition as completely incapable of working in accordance with a medical report (clause 5 of part 1 of Article 83 of the Labor Code of the Russian Federation), the employer is obliged to fully comply with the procedure prescribed by law.

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According to clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, an employment contract with an employee is terminated due to his recognition as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

It should be taken into account that, in accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work. Accordingly, if the employee continued to perform his duties before providing the certificate, then the entire period of work is subject to payment and is taken into account for the purpose of calculating compensation for unused vacation.

In this situation, the employee must be dismissed not on the date preceding the establishment of disability, but on the day the certificate is submitted to the employer. It is recommended to record the date the employer received this document in the relevant act and indicate this act as the basis for the dismissal order, along with the certificate.

Attention

A citizen can be referred to such a bureau by:

• an organization providing medical and preventive care, regardless of its organizational and legal form;
• body providing pensions;
• social protection body.

A certificate confirming the fact of disability is issued in a certain form. It was approved by order of the Ministry of Health and Social Development of Russia dated November 24, 2010.

• on completing additional training in a specialty, assigning a new qualification to an employee for an existing position when the employer carries out a procedure for reducing the number/staff of employees;
• about an entry in the work book that is important for the employer, for example, information about termination of an employment contract;
• about the special status of the employee (donor, father of many children, disabled person, etc.).

Attention

Therefore, informing the employer about his disability is the employee’s right, not the obligation, and you cannot require him to provide documents confirming his disability. The employer, in turn, does not have the right to make inquiries about the employee’s health status.

Such documents, in particular, include:• a certificate of medical and social examination (form No. 1503004, approved by Decree of the Ministry of Labor of Russia dated March 30, 2004 No. 41);• individual rehabilitation program for a disabled person (IPR) (form, approved by order of the Ministry of Health and Social Development of Russia dated 04.08.2008 No. 379n).

Info

Considering that the employment of disabled people of group 3 is associated with significant difficulties for organizations, the state compensates them with some benefits. Thus, an organization that provides employment for group 3 disabled people has benefits for property and land taxes.

• Work on weekends and beyond the hourly rate only with the written consent of the employee himself (unless the prohibition on this is expressly stated in the conclusion).
• The working week norm is within 40 hours.
• A list of prohibited types of work, based on the type of physical limitations of the employee.
• The employee is entitled to 30 days vacation, which is 2 days more than regular employees.
• There is no probationary period upon admission.
• An employee has the right to take 60 days of unpaid leave provided by law per year.
• An employee has the right to take measures to restore his health during working hours, which are expressly stated in his medical report.
• Employment of a disabled person When applying for employment, a disabled person may not provide a report on his or her disability.

Dismissal of a disabled person of group 2: grounds, documents, payments

The situation is somewhat more complicated when the IPR recommends changing working conditions. At the same time, the changes are quite insignificant, so no adjustments to the employment contract are required. So, doctors may recommend reducing the load on a person. The employer will have to change the standards applied to the person, if any.

Many are convinced that this is too expensive, so they are ready to pay fines just to fire a disabled person. But in fact, state social assistance programs have been in place for several years now, providing subsidies for the registration of places for workers in accordance with an individual rehabilitation program. The correct approach to this issue allows us to solve problems with quotas for jobs for people with disabilities - the enterprise will always comply with the norm established by law.