Dismissal due to reduction of a disabled person: scope of benefits, stages and their features

People with disabilities, on an equal basis with other categories of citizens, have the right to work in government and commercial structures. Today, the labor rights of disabled people are protected by the Labor Code of the Russian Federation and a separate Federal Law No. 181 “On the social protection of disabled people in the Russian Federation.”

However, even the comprehensive legislative protection of a disabled person is sometimes jeopardized when he is included in the list of applicants for reduction in numbers or staff. Can an employer fire a disabled person using the usual scheme, and what guarantees and privileges are assigned to the socially protected category? We will consider these and other nuances in this material.

Dismissal procedure

All 3 disability groups have additionally prescribed limitations on performance. Even for the first group, the ability to perform some functions can be established, although in most cases, it confirms complete disability.

Attention

The degree of ability to work is indicated by MSEC documents where the disease is recorded. It is she who gives the group and outlines the framework of warnings for the work. The group and recommendations are fixed on the forms specified by Order No. 1024n (certificates, recommendations, certificates).

Before dismissal, management must make sure that the employee or the HR department has data from MSEC, as well as the availability of an IPR (individual rehabilitation program), which contains recommendations for workplace conditions.

Attention

Offering transfer places for disabled people during the redundancy process must be guided by these documents.

The nuances of reduction depending on the degree of disability that is determined for a disabled person are as follows:

So, reduction is possible, but with conditions:

• if the medical evidence does not contain the conditions of the positions that will remain, but there are no other places;
• a written refusal to take other positions based on recommendations was received;
• there are no places for translation at all.

Contrary to the belief that all disabled people should be left first, this is not the case. This guarantee is provided only to participants of the Great Patriotic War and the Civil War and those disabled people who, in addition to disability, have the parameters prescribed in Art. 179 TK:

• family with dependents;
• suffered health damage at the same enterprise;
• who do not have independent income earners in their family;
• improving qualifications without interruption from work.

Information

Citizens with disabilities do not have special preferences, since the guidelines according to Art. 180 should also offer other positions to other employees, that is, these categories have almost equal rights, but if an ordinary citizen can accept any position, then a disabled person can only accept the one that is shown to him according to the recommendations of medical institutions.

The event looks like this step by step:

1. A decision is made and an order is issued.
2. Notification of staff 2 months in advance. before the last working date. This time may be longer, but not less. For seasonal travelers – 7 days.
3. This period can be abolished by mutual agreement and if the citizen writes a petition. Then he is paid compensation in the amount of average income in proportion to the balance of 2 months.
4. Beneficiaries are determined (information is available in the HR department).
5. They offer in writing to transfer to other places.
   Attention

   An employer should offer this to everyone – not just people with disabilities. The latter are given the right of first priority only if they are veterans of the Second World War and military operations, or if, simultaneously with the presence of health restrictions, there are parameters from Art. 179..

6. On the last date of the employment relationship, a work book is issued and calculations are made.

The employer offers the following places (this offer is stated in writing and given to employees against signature):

• vacant, corresponding qualifications;
• unoccupied subordinates and paid at a lower rate, who are suitable according to medical recommendations;
• all of the above, which are in the region where the company is located, and if this is stated in the employment contract, then in other areas.

Can a disabled person be laid off?

HomeChange and termination of an employment contractTermination of an employment contractCan a disabled person be laid off Contents:

1. Social protection of persons with disabilities
2. Reduction of staff
3. Rehabilitation program for disabled people affects employment

The Labor Code of the Russian Federation (Article 3) states that there is no discrimination in the sphere of labor, because citizens of a democratic state have equal opportunities to exercise the right to work. Only the business qualities of a free person matter when choosing a type of activity. If we are talking about disabled people, then you should know that medical contraindications can cause an employer to refuse employment.

https://youtu.be/0ZhL4wqviuY

Working off

When there is a layoff, there is no “work off”; instead, the employer warns those being laid off about their release at least 2 months in advance. until the last working date. There are no concessions for this condition for disabled people. This period can be excluded if the employee agrees to this in writing by mutual agreement with the employer, Part 2 of Art. 296 Labor Code of the Russian Federation. In this case, the citizen is transferred compensation in proportion to this period.

Since during a reduction, management carries out all activities on its own initiative, it often seeks to speed up all formalities; accordingly, it is not against the abolition of the 2-month notice period. with payment of compensation for it. This is possible with the written consent of those being laid off.

Attention

There is a peculiarity: in our case, such compensation is not provided at the discretion of the employer, but is mandatory.

In those rare situations when the authorities, for certain reasons, want the citizen to serve the specified 2 months, a trick can be used to miss work during this time or part of it: take unpaid vacations, if any.

Reduction of disabled person of 2nd group

• Social Security
• Guarantees, benefits, compensation
• Hello.
  Tell me, do 3 groups of staff reduction have the right to dismiss a disabled person, and in what legal document is this stated? rights of disabled people, payments in case of staff reduction, dismissal due to staff reduction, staff reduction, reduction in the police, reduction of a disabled person, dismissal due to disability, dismissal due to reduction, benefits upon dismissal Collapse Victoria Dymova Support employee Pravoved.ru Similar issues have already been considered, try looking here :

• Dismissal of a disabled person of group 3
• Reduction and dismissal of a disabled person of group 3

Lawyers' answers (2)

• All legal services in Moscow Collection of military insurance payments to disabled people and Afghans Moscow from 15,000 rubles. Division of jointly acquired property Moscow from 15,000 rubles.

Payments and benefits

Persons with disabilities for medical reasons are not given any preferences when leaving the company - everything is paid as standard, as when people without these disabilities are laid off.

The first thing to describe is severance payments. The first is transferred immediately in the amount of average monthly earnings. Further, for the duration of employment, a person has the right to receive an average monthly income, but only up to 2 months, including the first tranche transferred in advance.

When a citizen has registered with the employment authorities within 2 weeks. after leaving the enterprise, then, with the permission of this department, he is also entitled to a 3rd paid month. Those employed in the Far North are entitled to 6 such paid periods.

Attention

To receive severance pay, you must contact your former employer every month on the dates when earnings are transferred. In this case, it is required to provide a work book without a mark on employment, and write a statement demanding payment of what is due during employment. To receive funds for 3 months. and you must also present permission for this from the labor exchange.

In addition to the above, a disabled employee is entitled to all standard amounts:

• for actual work;
• financial equivalent of untaken vacations;
• other payments, if they are specified in the employment contract.

Retrenchment of a disabled person at the initiative of the employer

However, if a disabled person has the right to the same measure of social protection under the specified Law and at the same time under another legal act, the measure of social protection is provided either under the Law on Social Protection of Disabled Persons or under another legal act (regardless of the basis for establishing the benefit). Analyzing the above, we can draw the following conclusion. The state, by establishing the above-mentioned benefits, payments, compensations and other measures of social support for people with disabilities, has created a whole system of guarantees for people with disabilities in the Russian Federation. This system of state-guaranteed economic, legal and social support measures is designed to provide people with disabilities with conditions for overcoming, replacing (compensating) disabilities and is aimed at creating equal opportunities for them to participate in society as other citizens. The types of guarantees established by the state are numerous.

Recording in labor

On the date of termination of the employment relationship, the person leaving the HR department receives a work book with a notice of dismissal. The record must comply with the “Rules for maintaining and storing work books”, approved by Resolution No. 255.

Briefly, the rules are as follows: the entry must be made in clear, easy to read handwriting. It should not contain abbreviations or abbreviations. Designations like “art., p., Labor Code of the Russian Federation” and similar ones are prohibited - these words are written in full.

Opposite the entry in a special column, enter the details of the order. At the end of the entry, the signature of an authorized employee (personnel officer) and a seal are placed.

Attention

The entry must reflect only the basis that is in the law, that is, no mention of disability is written.

How to register a disabled person at an enterprise

The HR officer is interested in the part of the program called “recommendations for employment”, where the doctor enters:

• types of work available to a disabled person;
• contraindications for work;
• working conditions (how the workplace needs to be equipped).

If an employee provides you with a certificate of disability, ask him for the program. The approved form can be downloaded here. However, according to current laws, it is impossible to demand health information from a person, therefore, if an employee does not provide you with IPRA, you will not be held responsible for failure to follow the recommendations.

Recommendation You can be on the safe side: have the employee write a receipt stating that he does not provide IPRA on his own initiative. A nuance: the expert institution will not give you the program either, this is a medical secret that only a disabled person can divulge to strangers.

Unlawful removal from work

Dismissal of a disabled employee is carried out in accordance with the Labor Code of the Russian Federation. This is difficult to do. He cannot be fired just because he is disabled. There must be serious reasons for this. The only unconditional basis is complete loss of ability to work. In other cases you need to be careful. Before dismissal, you need to study the Labor Code of the Russian Federation. The boss usually dismisses a disabled employee under Article 192 of the Labor Code of the Russian Federation.

With this development of the case, it is necessary to illustrate each step in writing:

1. act of committing a misdemeanor;
2. explanatory note from the employee;
3. act of refusal to write an explanatory note;
4. warnings, reprimands (with the obligatory signature of the disabled person).

Other reasons for dismissal are considered illegal. When this happens, the employer faces litigation, an inspection by the labor inspectorate that threatens to reveal other violations, and financial costs.

Before dismissing an employee with disability group 3, you need to weigh everything. First you need to thoroughly study this issue and record all the facts relating to this issue. And the main thing is to act according to the law.

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No employer is immune from a situation where one of the employees may lose their ability to work, partially or completely, and must provide a certificate of disability.

Can such an employee be dismissed at the initiative of his employer? And what is needed for this?

What to do if an employee’s rights are violated

Examples of violations: standards for transfer to suitable places are not followed, notification procedures are violated, benefits and other amounts are not paid.

In case of disputes about the volume of financial obligations, the employer is obliged to transfer the undisputed part of the funds (Part 2 of Article 140 of the Labor Code of the Russian Federation).

Disabled people have significant benefits during work, but upon dismissal, the preferences for them are small, except for the priority right to remain in a position, but only in specially provided circumstances (participants of the Second World War, military operations). Otherwise, this norm applies as for ordinary citizens, provided that the parameters from Art. 179 Labor Code of the Russian Federation. There are no privileges regarding payments and other procedural issues.