How can an employer terminate an employment agreement on its own initiative due to the discovery of an employee's incompatibility with the position held for health reasons, if the employee is entitled to an early retirement pension?

If the employee is eligible for early retirement, the employer may initiate dismissal on the grounds that the employee's health condition does not meet the requirements of the position. To do this, you need to follow the following steps:

1. Obtaining a medical certificate: It is necessary to obtain a document confirming that the employee is not suitable for the position. This can be:

• A certificate from a medical institution stating the need to change jobs;
• An extract from the medical examination report;
• Medical certificate of medical examination.

2. Transfer to another job: The employer must first offer the employee another job that is suitable for their health condition. If the employee refuses the transfer, the employer may proceed to the next step.

3. Consent of the trade union body: If there is a trade union at the enterprise, its consent is required for dismissal, except during the period of martial law.

4. Execution of a dismissal order: Dismissal is carried out on the basis of clause 2, part 1, article 40 of the Labor Code of Ukraine, as a dismissal for health reasons that make it impossible to continue this work.

5. Settlement with the employee: After the dismissal is formalized, the employee is settled, including the payment of all amounts due to him/her.