The Labor Code of the Russian Federation describes in detail the algorithms of actions in the relationship between an employee and an employer. Available large number rules arising from these relations regarding the dismissal of an employee, and some of them are related to the issue involving dismissal for health reasons. Actions of the employer and employee during the termination process employment contract in these cases they have their own distinctive specificity and nuances.

Certain medical diagnoses act as the basis for the emergence of a precedent for moving an employee to another place of work or for dismissing him. However, labor legislation acts as a protection of the right to work of an ill or disabled person and rightly limits the employer’s privilege to dismiss an employee in the event of a difficult life situation. An employee who was fired not entirely legally and in violation of the requirements of the current law has every chance of being reinstated at his previous place of work.

The basic legal act that defines the conditions under which the dismissal of an employee for health reasons is permissible is the Labor Code of the Russian Federation.

In addition, the procedure for dismissal or reassignment, payment of monetary compensation and other remuneration to certain categories of employees of law enforcement agencies and law enforcement agencies are regulated by other federal and departmental documents:

• military personnel - Federal Law-53 dated March 28, 1998;
• Ministry of Emergency Situations personnel, customs officers - Federal Law-283 dated December 30, 2012;
• police officers - Federal Law-3 dated 02/07/2011.

Additionally, social preferences for dismissal due to illness can be prescribed in tariff agreements of industrial and economic sectors, housing and communal services, healthcare, education, communications, Russian Railways, energy and others.

The circumstances, taking into account which the Labor Code gives the manager grounds for reasoned dismissal of an employee for health reasons (Article 81), are explained in the Resolution of the Plenum of the Supreme Court Russian Federation dated March 17, 2004 No. 2.

These conditions include the employer's obligation to:

1. Prove that the employee’s illness, according to the medical epicrisis, does not allow him to perform his job functions efficiently.
2. Justify the absence of vacant positions with easier working conditions, according to the testimony of the medical commission.
3. Certify the employee regarding the sufficiency of his qualifications in connection with the circumstances arising due to illness.

Judicial practice shows that in cases related to release from work for medical reasons, not only the purely professional side of the issue is assessed, concerning the citizen’s ability to perform the assigned work, but also general attitude person to work.

Significant grounds for dismissal due to illness

The Labor Code of the Russian Federation does not allow the dismissal of an employee for health reasons during his partial incapacity for work due to illness, except during the liquidation of the organization or termination of functions individual– entrepreneur.

An essential condition for the termination of employment relations at the will of the manager, due to the inability of the employee to perform his previous work, are objective circumstances, namely:

• Recognition of a person by decision of a medical commission as absolutely incapable of work;
• Refusal by an employee of another job offered to him based on the conclusions medical commission.

Such a refusal is documented, like an application, and if the employee does not agree to write the application, an act is drawn up, certified by the signatures of witnesses.

Regarding the director, his deputy and accountant, the employment contract is terminated under Part 4 of Art. 73 of the Labor Code of the Russian Federation, if this category of managers refuses to be transferred to positions in accordance with the conditions of a medical report or there are no jobs in the organization suitable for transfer, taking into account the disease.

At the state level, great attention is paid to human health in the Russian Federation. One of the ways to detect a disease at an early stage of its development and sometimes without symptoms is a general medical examination - a preventive comprehensive medical examination. This procedure is free, voluntary and publicly available to all categories of citizens. It is provided as a compulsory medical insurance service. An employee has the right to undergo medical examination during the time allotted for work.

It is necessary to distinguish the procedure for an employee to undergo medical examination from the obligation to undergo periodic medical examinations, established by the Labor Code of the Russian Federation. The completion of a medical examination is determined by the regulations of the Ministry of Social Development, and the Labor Code does not contain norms that are the basis for its obligatory completion by a working citizen. But in collective agreements of an organization or an employee’s contract, it is permissible to stipulate the obligation to undergo medical examination, for refusal of which the employee can be held accountable.

A medical document with negative medical examination results can serve as both a prerequisite for labor restrictions and a reason for dismissal.

Labor legislation and by-laws of departments determine the procedure, frequency of medical examinations (professional examinations) and the list of individual professions for which a medical examination is mandatory.

Such professions are represented in the following fields of activity:

1. Construction.
2. Trade.
3. Medicine.
4. Preschool and schooling.
5. Army, Ministry of Emergency Situations, Ministry of Internal Affairs and other law enforcement agencies.

In addition, the employer is given the right to include in the norms of the organization’s internal documents the conduct of annual, or at other intervals, medical examinations for all types of professions and specialties. Failure to undergo a medical examination will be a violation of the labor regulations established in the organization.

The results of the professional examination of workers are documented medical institution in the form of an act, which within a month is provided to the employer or to the body exercising supervision in the field of human well-being, the occupational pathology center.

The main evidence of the occurrence of a health disorder in an employee that prevents him from performing the duties of his position is medical epicrisis with contraindications regarding previous job, issued by:

• clinical expert commission (CEC);
• medical and social expert commission (MSEC).

KEC conducts an examination and gives a general conclusion about the employee’s ability to work. In addition, the KEC can issue a certificate allowing the citizen to extend treatment for a period of 1 year. It should be taken into account that this certificate will not serve as a condition for dismissal or as a basis for assigning disability.

MSEC examines citizens with existing serious functional and other health problems to determine their suitability for work, prescribe the necessary course of rehabilitation and, if necessary, provide social protection.

Conclusions are issued by medical, treatment and preventive organizations that have licenses to conduct medical examinations (preliminary and periodic), the purpose of which is to detect diseases of workers that, for medical reasons, prevent the performance of the assigned work.

But in the practice of court cases, there are cases of recognition, as having legal significance, of MSEC conclusions issued by institutions that are not related to medical organizations carrying out the above-mentioned licensed activities. Court decisions in in this case are based on the fact that the MSEC conclusion is the only document issued by such an institution.

Before retiring, employees, no matter whether they have a year or a year and a half left before retirement age, undergo routine medical examinations, and forcing this category to resign or dismissal in the absence of medical indications will be a violation of the law.

It is the employer's responsibility to respond appropriately and promptly to the medical board's recommendations regarding the employee. If doctors identify an employee with a disease that is contraindicated for his previous profession, the manager should not allow him to work until he is transferred to another job or until he is dismissed. Transfer requirements may be limited to four months or more and continuously. A transfer for four months entails suspension from work without pay.

The exception is pregnant women who are paid average earnings for this period.

If suspended for four months, the employee retains his position. The fact that the employee is unable to perform assigned duties due to illness and there are no conditions for transferring him to a position that complies with the recommendations of doctors must be proven by the manager.

Leaving work due to illness can be initiated by both the employer and the sick or disabled employee himself. Dismissal for health reasons at the initiative of an employee can be quite common cause dismissal, and two weeks of work in this case is not required.

Dismissal due to loss of ability to work

Dismissal based on the conclusion of a medical commission in the event of complete loss of the ability to work is carried out without working out under clause 5 of Art. 83 of the Labor Code of the Russian Federation, on the basis of an order in the T-8 form. The number and date of the issued medical report must be included in the “grounds” order details.

Activities prior to dismissal

To carry out the correct procedure for dismissing an employee who has partially lost his ability to work and does not agree with the transfer to a new position, the following measures must be taken:

1. Determine a vacancy in the state that is possible for relocating an employee.
2. Conduct certification of the selected vacant workplace for its compliance with the requirements of the medical commission.
3. Send (issue) to the employee a written and registered notice offering a new job that is appropriate according to medical indications.
4. If the employee does not agree to continue working in the specified position, it should be certified this fact V in writing and organize commission registration of refusal.

If there are several vacancies that meet the requirements for working conditions, the employee is offered a choice of the job he wants. A list of available vacancies is attached to the notification.

It will be mandatory to explain in the notice issued to the employee, with reference to clause 8 of Art. 77 of the Labor Code of the Russian Federation, that an unfounded refusal to transfer to another place of work threatens with dismissal, and establish a deadline for the employee’s response to the notice.

Issuance of a dismissal order

An employee who has been correctly notified of management’s proposal to continue working in another job recommended by the medical commission, if he disagrees with this proposal, is subject to dismissal, the basis for which is the order.

Under these circumstances, the order is also issued in form T-8, with written acquaintance with it by the dismissed employee. After this, the personnel officer makes the necessary entries in the work book. A copy of the order is transferred to the organization’s accounting department to make the required accruals.

In order to mitigate the consequences for a citizen who has lost the opportunity to work due to health problems, the legislation provides for compensation payments, and for some categories of employees - other types of social support.

Payment of cash benefits to a dismissed employee

On the day of dismissal, the employee is given:

• the balance of the salary calculated on the day of dismissal;
• accrual for unrealized vacation.

Upon termination of work due to illness, the employee is given a benefit in the form of an average two-week earnings. Counting this manual, you should be guided by the Regulations approved by Government Decree No. 922 of December 24, 2007. The algorithm for calculating severance pay is simple: average daily earnings multiplied by the number of working days in the 2 weeks following dismissal.

Dismissal of an employee at will due to health reasons, if he refuses to be recommended, in compliance with all norms provided by law, another workplace, also involves the accrual of severance pay to such employee.

Social guarantees for military personnel dismissed for health reasons

Military personnel whose health has rendered them unfit for military service, general rule are provided compensation payments, should not quit without providing housing or without using the right to a mortgage. The exception is a situation in which an officer or other military contractor who has served for less than 10 years is recognized as partially fit for service, but initiates his dismissal by filing a report.

An incident from life

The employee underwent training at the expense of the company and was hired as a trolleybus driver. After several months of work, he began to feel worse and sought medical help.

The employee who passed the examination was given a certificate of unfitness for work. vehicles, which was the reason for initiating his dismissal. At the same time, the management of the enterprise obliged the dismissed employee to pay the cost of training for a trolleybus driver.

The court found that the provided conclusion of the rehabilitation expert commission, stating the inability to work in the specified specialty due to the illness, serves as evidence of the validity of the employee’s demands for termination of the contract.

Accordingly, the organization has no reason to force a citizen to reimburse the funds spent on his training. The employee's rights were restored.

Dismissal for health reasons is possible only if the person has a medical report regarding the subject’s health condition, or rather physical impairments and loss of legal capacity. Termination of the contract can be carried out either by the employer or by the subordinate himself. The conditions for termination in such cases are regulated by law and directly by the contract itself.

After examination in a hospital and identification of a disease in a person that affects his future work activity, he is required to be sent to special organizations that conduct a detailed examination.

These include:

1. CEC (clinical expert commission).

This structure diagnoses the subject’s health status, after which it issues a certificate, which gives the person the right to extend treatment for a year. This document cannot be used to obtain a disability group or terminate an employment contract. The commission can indicate a diagnosis only after the agreement of the patient who applied.

1. MSEC (Medical and Social Expert Commission).

This medical structure is aimed at protecting human rights regarding the receipt of social, medical and material assistance for further work or full support from the state. After passing an examination and additional examination confirming the presence of a chronic disease that affects the ability to work, the person is assigned a disability.

The examination conclusion must be approved by signatures and seals medical workers. This document has legal force, and therefore neither the employer nor government agencies have the right to ignore it.

Important! A certificate from MSEC may affect the terms of termination of the contract and, in particular, the calculation upon dismissal.

Classification of disability groups

Each type of disease affects some area of ​​human activity. Based on this, all types of violations of a person’s physical condition were divided by law into special groups. Each of them has its own rights and conditions for awarding social protection.

So, the cause of complete or partial impairment of legal capacity may be:

1. Common disorders caused by long-term chronic illness or injury.
2. Violations caused by the characteristics of work activity (working conditions harmful to health).
3. Trauma acquired in working hours etc.

The legislation establishes three disability groups.

1. Group I. This category of people is considered completely incompetent. The disease leads to such extensive dysfunction of the entire body that the person becomes unable to participate in even the most simple types labor activity.
2. Group II. A person who has received this group is considered partially capable, and the illness may be temporary in such cases.
3. III group. Diseases belonging to this group do not deprive a person of legal capacity, but require easier work or the creation of special conditions.

Attention! Dismissal for medical reasons can be made only on the basis of the first group; for all subsequent groups, the employer is obliged to offer easier conditions or another vacancy.

For each type of disease and disability group, the law provides for various benefits, allowances, pensions, and most importantly, special conditions labor. Upon expiration of the document, the patient must undergo the examination again and confirm the group or change it.

Transfer to a vacant position

Dismissal due to illness occurs after the management is presented with the commission’s conclusion on the subject’s state of health, or more precisely, that he has completely lost his legal capacity.

Temporary or partial disability is not a legal basis for dismissal; in such situations, the manager can take the following steps:

1. Create special, easier working conditions, change the schedule and tasks established in the contract.
2. Offer the subordinate another vacancy that is suitable for the health condition that the employee currently has.
3. Create a special commission, thanks to which the condition of the subject will be confirmed, after which an act will be drawn up and a decree will be issued to transfer him to another vacancy.

Important! If the proposed work with more easy conditions the employee is not satisfied with the work, he has the right to refuse the position, after which the employment contract will be terminated.

If there are several options among available jobs, then the employee has the right to independently choose the position that suits him. Notification of a transfer to another vacancy and an offer of another job shall be made in writing. The document must be drawn up in two copies.

One, with the signature of the subordinate, remains with the director, and the second is given to the employee.
If an employee refuses to sign the notification received, the created commission records the refusal in the act, after which dismissal is carried out on the basis of this document.

Rights and responsibilities of an employee

A person who has lost the ability to perform the tasks and responsibilities specified in the employment contract has the legal right to quit on his own initiative, without working the required two weeks.

To do this, you need to write a letter of resignation and attach to it a medical report confirming the diagnosis.

The subordinate also has the right to demand easier working conditions or be offered another position. For this purpose, an application is also drawn up describing the request for transfer to another vacancy or change in working conditions.

Important! The proposed job may not correspond to the employee’s qualifications, and the salary may be less than what it was in the previous position.

The right to move to another position, remain in one’s job, or quit is reserved to the subordinate. Mandatory termination of an existing contract or order to transfer a person to another position is prohibited by law.

The subordinate also has the right to refuse to occupy his workplace and move to another position. In this case, the manager may suspend his employee for the period specified in medical report. If the decision of the commission does not establish such deadlines, then dismissal is carried out on the basis of Article 77 of the Labor Code of the Russian Federation.

Attention! Payments upon dismissal for health reasons depend on the circumstances under which the disease was acquired, as well as under which article the employment contract is terminated.

Concealing any information about health status or emerging diseases is strictly prohibited. If some incident occurs to an employee due to concealed information, the company is not responsible for the consequences and is not obliged to pay compensation.

The issued health certificate must be provided to the management of the enterprise no later than within three days.

Rights and obligations of the employer

Further actions of the company's management directly depend on what is indicated in the conclusion of the medical commission. As a rule, such a document contains recommendations regarding the further organization of work activities, namely, making work easier in the position already occupied, transferring to another vacancy, or terminating further cooperation.

The second factor influencing the development of events is the wishes of the employee. The manager may offer another position or advise him to stop working, but he does not have the right to oblige his subordinate to make a decision.

A medical professional may also indicate a temporary cessation of work for a period of up to 4 months. In such a situation, the employer is obliged to retain his subordinate’s position until his recovery or general improvement in health.

Attention! After dismissal, a subordinate has the right to apply for a number of social benefits for people with disabilities. These also include a disability pension.

As for funds, all payments are regulated on the basis of the employment contract and the Labor Code of the Russian Federation. In connection with voluntary dismissal or temporary cessation of employment, the employer is not obliged to pay any additional benefits.

People leave companies not only for other organizations.

A resignation letter is written in case of conscription conscript service, when changing jobs, when moving to another city.

There is also a situation that requires dismissal for health reasons. This situation is discussed in the Labor Code of the Russian Federation.

A record of dismissal is made in the employment document for the following reasons:

• in accordance with paragraph 8 of Art. 77;
• in accordance with paragraphs. and clause 3 of Art. 81;
• in accordance with paragraph 5 of Art. 83 Labor Code of the Russian Federation.

If a member of the work team resigns due to the inability to work in a new place due to transfer, since his health condition prevents this, a record is made of this with reference to the first reason.

If an employee is no longer suitable for his position due to health reasons, this is recorded in a record with reference to the second reason.

If the employee is completely unable to work, then dismissal is based on reason number three.

Each reason gives rise to a special approach to formalizing the fact of termination of the employment relationship.

Required documents

An employee’s oral statement about a significant deterioration in his health is not enough. It is necessary to confirm the facts with relevant documents.

It is worth listing the official papers that are taken into account by the HR department of the employing organization.

First of all, this is a properly prepared medical report (clause 3 of Article 81 of the Labor Code).

It is also very important that this conclusion is communicated by the employee to management. If an employee decides to withhold health information in order not to lose his job, then the employer will not be able to be held liable for failure to comply with current legislation.

And one more significant point: if an employee who is required to undergo regular medical examinations evades examination, he can be pointed out for improper performance of job duties.

Based on the results of the examination, a conclusion is prepared containing specific recommendations regarding the employee’s professional suitability.

Order

Suggestions from doctors, presented on a special form, are not advisory, but mandatory for the organization in which the employee realizes himself as a professional.

The transfer, temporary suspension or dismissal of an employee in accordance with the above reasons must be formalized by order.

In this administrative document it should be noted that we're talking about about dismissal for health reasons, and also clearly state which of the above articles applies in this particular case. The person being dismissed should be familiarized with the document, asking him to sign and date it.

If the employee submitted a certificate of disability a week after it was established, then the order should be dated on the day the medical report was submitted.

Can't be broken labor relations while the employee is on sick leave or on vacation.

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

This question can only be answered positively in case of complete loss of ability to work.

Statement of this fact is the prerogative of the medical and social state examination (Order of the Ministry of Labor N 664n).

Based on the results of the work of the special commission, a certificate of disability is prepared for the person in the prescribed form.

If an employee who has completely lost his ability to work does not yet understand the full depth of the problem, then the initiative aimed at terminating the relationship comes from the employer.

In this case, pedantry in preparing documents is very important.

Proper documentation of the process is of particular importance not only for the employer, but also for the employee who subsequently expects to receive a disability pension.

Dismissal of a serviceman for health reasons

The procedure is carried out within the strict framework of Federal Law No. 53 and includes the following steps:

• medical examination;
• preparation of the conclusion of the military medical commission;
• dismissal for health reasons, compensation with payment of compensation.

In this case, the Military Military Commission may recognize a serviceman:

• unfit;
• limitedly fit for service.

Also important are the reasons due to which the state of health does not allow further service. Military injuries allow you to count on additional benefits upon dismissal.

Without an ITU certificate and certificate, you cannot count on compensation.

Receiving a salary in an envelope deprives a person of the right to receive compensation payments.

Payments

According to the Labor Code, all due amounts are transferred to the employee on the day of dismissal.

It happens that after several years of working for the same employer, an employee one fine day brings a medical report, from which it follows that he needs a different, more light work. In such a situation, the employer must offer the employee another job that is suitable for him. And if the employee agrees to it, arrange a transfer for him to a new position (Article 73 of the Labor Code of the Russian Federation).

But if the employee does not agree or there are no suitable vacancies in the organization, then the only way out of the situation is dismissal for health reasons.

IN this material We do not consider a situation where an employee needs a job change for up to 4 months. In this case, the employee may also be offered a transfer to another position for the appropriate period, or he may be temporarily suspended from work without preserving his earnings (Article 73 of the Labor Code of the Russian Federation).

Responsibility for allowing an employee to perform unacceptable work

It is necessary to remove an employee from unsuitable work on the same day when he submits the corresponding medical report. If the employer allows him to work in the presence of medical contraindications, then he can be fined for this (Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation):

• the head of the organization for 15,000 - 25,000 rubles;
• legal entity for 110,000 - 130,000 rubles.

Therefore, it is better to deal with the transfer of an employee or dismissal for health reasons as soon as possible.

The procedure for dismissal for health reasons when refusing a transfer

Under such circumstances, it is important to arrange everything correctly. Thus, the fact of an employee’s refusal to be transferred to another job must be recorded in writing. The employee can leave a note of refusal directly on the transfer offer itself or write a separate statement of refusal of the transfer.

After this, the employer must issue an order to dismiss the employee for medical reasons. An entry in the employee’s work book may look like this: “The employment contract was terminated due to the employee’s refusal to transfer to another job, which he required in accordance with a medical report, paragraph 8 of part 1 of Article 77 Labor Code Russian Federation".

As for payments upon dismissal for health reasons, in addition to those due to the employee wages and compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation), he will also have to pay severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

Dismissal of an employee for health reasons in the absence of suitable work

If the organization does not have vacancies that could be offered to the employee, then he must be notified about this in writing in any form. The employee must sign the employer's copy indicating that he has read this notice.

Next, the employee must be dismissed for health reasons. It is necessary to draw up an order and make an entry in his work book: “The employment contract is terminated due to the employer’s lack of work required by the employee in accordance with the medical report, paragraph 8 of part 1 of Article 77 of the Labor Code of the Russian Federation.” In this case, severance pay in the amount of two weeks' average earnings must also be paid.

An employee's illness may be the reason for his dismissal for health reasons or transfer to another position in the same company. From the moment of receiving the examination of the medical commission, the employer acts in accordance with the legal norms of the Labor Code of the Russian Federation. What payments and compensations are due to the employee? How does paragraph 5 of Article 83 of the Labor Code of the Russian Federation oblige you to act when registering for labor? Is there a list of diseases that oblige the dismissal of an employee if the serviceman has 1, 2 or 3 disability groups? Let's figure it out.

Legal basis

There are several legal documents, according to which the employer acts (if the employee is unable to perform his duties due to illness):

• Constitution of the Russian Federation;
• Code of Administrative Offenses (Article 5);
• Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004;
• Labor Code of the Russian Federation (Articles 4, 76, 77, 81, 83, 137, 178, 182, 185, 213, 214, 254, 261);
• Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens from 1993, etc.

Significant reasons for dismissal

What exactly can be grounds for dismissing an employee for health reasons? Let me explain. The basis for dismissal of a victim due to health reasons is the expert opinion of one of the special commissions:

1. Clinical Expert Commission (CEC), which issues an opinion on the employee’s health status and recommends conditions for continuing his work activity.
2. A medical and social expert commission (MSEC), which decides whether the patient is still able to work or whether he needs to give up work (full or partial recognition of a person as disabled).

How exactly does dismissal due to health problems occur?

Option for the development of events	Dismissal
Regardless of the recommendations of the commission, after illness the employee himself decides to resign	1. Providing the employer with a medical examination report on partial or complete loss of ability to work. 2. If an employee does not want to continue working, he may demand voluntary dismissal for health reasons without two weeks of work. 3. If the employer has such an opportunity (and this is noted in the medical report), then he can offer the victim another position, perhaps with a lower salary, but corresponding to his condition and qualifications. The actions and decisions of both parties are documented (proposal for transfer, refusal or consent of the employee). 4. Dismissal of an employee for health reasons (Labor Code of the Russian Federation, Articles 77, 83) occurs due to: · lack of suitable positions in the company; · refusal of the employee to continue the employment relationship (including transfer to another job); · complete loss of ability to work of the victim. 5. A notice of termination of the employment contract (indicating all reasons) is drawn up in 2 copies. The employee's signature is placed on it. The employee’s refusal to familiarize himself with the document is recorded in a special act. 6. Drawing up an order of dismissal for health reasons and noting the employee’s familiarization with it. 7. Settlement with a former employee. 8. Entering information about termination of the contract in work book indicating the relevant legal basis.
The employee is completely unable to work due to illness
The employee can no longer perform his duties without risking harm to his own health (or colleagues)
The employee is unable to perform the job for which he was hired

What calculations must the employer make?

On the last working day, settlement is made with former employee fired due to illness:

• payment for actual time worked;
• compensation for unused vacation;
• special payment (average earnings for 2 weeks).

Payments for dismissal due to health reasons are the same as for regular dismissal, excluding the last point. The special payment is calculated as follows:

(monthly salary x 12 months / number of days worked per year) x 10 days.

If an employee is injured at work, then the average salary is paid to him until his final recovery.

Documents required for dismissal due to health

To comply with all legal requirements governing dismissal for health reasons, the following documents are required:

• conclusions of the medical commission;
• notifying the victim about the absence or availability of a suitable position in the state;
• employee refusal to transfer to another job;
• notification of the employee about dismissal (with his note of receipt);
• employee's resignation letter;
• an order to terminate the employment contract indicating the relevant legal basis.

You can dismiss an employee for health reasons only if you comply with all the rules and regulations provided by law. In order not to bring the matter to trial, the employer is obliged to understand all the intricacies of this process. The main mistakes an employer makes usually come down to: misjudgment recommendations of the medical board (if the period of suspension from work is less than 4 months) and non-compliance with the procedure for dismissing the employee.