In Ukraine, a mechanism has been defined for terminating an employment contract at the initiative of the employer in connection with the identification of inconsistencies in the position occupied by the state of health of the employee. This is regulated by the Resolution of the Cabinet of Ministers No. 1449 “On approval of the Procedure for terminating an employment contract at the initiative of the employer (the owner or an authorized body, an individual using the labor of employees) in connection with the identification of an employee’s inconsistency with the position held for health reasons if he has the right to appoint an early.

How is the discrepancy of the employee of the position for health reasons determined?.

The discrepancy of the employee to the position held for health reasons is confirmed by one of the documents that contains the information given in the primary records of the healthcare institution, namely:.

a medical institution certificate containing information on the final conclusion of the medical advisory commission on changing the place of work, indicated in the log of the conclusions of such a commission;

notification of the employer about the group of disability and its cause, or an extract from the inspection report of the medical and social expert commission, or an individual rehabilitation program (subject to its provision by the person);

a medical certificate on passing a preliminary (periodic) medical examination of an employee of a certain category, issued by the commission for medical examinations of healthcare institutions.

[see_also ids\u003d"

The employer, on the basis of one of these documents, is obliged to:.

take measures to transfer the employee with his consent to another job temporarily or indefinitely if there are relevant vacancies;

in the absence of relevant vacancies, draw up an act about this.

If the employee refused to be transferred to another job, the employer receives from the trade union consent to his dismissal due to the fact that he does not correspond to his position for health reasons.

The identified inconsistency of the employee with the position held for health reasons in the event of his refusal to transfer to another job or the absence of relevant vacancies for his transfer may be the basis for termination of the employment contract and dismissal of the employee at the initiative of the employer in accordance with clause 2 of part one of Article 40 of the Labor Code of Ukraine.

Earlier we wrote in what cases an employer in Ukraine can dismiss mobilized employees.