In Russia, issues related to employment are of great concern to citizens. The same applies to everything related to dismissal. Termination of an officially concluded employment contract between employer and employee is something that requires special attention. The Labor Code of the Russian Federation provides for many nuances regarding the issue posed. But what to do if you plan to quit while on sick leave? at will? Is it even possible to terminate an employment contract in this manner? What should every employee and employer know? It is not so difficult to understand all these issues if you turn to the Labor Code of the Russian Federation. It is here that there are answers that will help clarify the situation.

Is there a right

The thing is that some consider termination of employment during sick leave to be an illegal action. Are these people right?

It all depends on the circumstances. An employer cannot fire a person while on sick leave. It is illegal. But if we talk about terminating an employment relationship at the employee’s request, then there will be no violations. Why?

All due to the fact that dismissal on sick leave occurs at one's own request. The Labor Code of the Russian Federation, or more precisely, Article 80, indicates that at any time a citizen is able to terminate the employment contract with his employer. Even during vacation. No one can take away this right.

In advance

Both employees and employers will have to remember some rules. The thing is that dismissal on personal initiative requires a certain time investment. By law, every person who wants to stop collaborating with a particular boss must give advance notice of his intentions. It's about about writing a statement in the established form.

In advance - this is at least 14 days before the expected day of termination of the employment relationship. Accordingly, just like that as soon as possible citizens cannot go on sick leave of their own free will is common in Russia. But why?

Working off

All due to the fact that a person will work for 2 weeks after notifying his superiors of his intentions to terminate cooperation. A kind of work is required by law. And this will have to be taken into account if you want to stop working for a particular company on your own.

But dismissal on sick leave of one's own free will without working off is a common occurrence. Why? Because according to the law, a person must notify his boss about the termination of his employment relationship 14 days in advance. Then he either works or goes on vacation/sick leave. No one has the right to call a citizen for detention.

It turns out that the process being studied is a kind of trick that occurs quite often in Russia. It allows you to not work after the employer is notified of the impending loss of an employee. But what should every citizen know about in addition to all the previously listed points?

Sick leave payments

For example, many are interested in whether any payments are due to an employee who has terminated his employment relationship with the employer after he went on sick leave. This is a very difficult question.

On the one hand, a citizen can, as already mentioned, resign on sick leave at his own request in order to avoid working off the job. In fact, this is a kind of deception. And there is no need to pay sick leave.

On the other hand, sometimes there are coincidences. A citizen can really get sick. And at the same time decide to quit. Then non-payment will be considered a gross violation. For the employer, this is fraught with a large debt.

So what should we do? In article 183 Labor Code it is indicated that upon dismissal, sick leave must be mandatory cover up. That is, to be paid. This means that dismissal on sick leave at the employee’s own request still obliges the employer to make an Exception - if the citizen took Then he will not have to pay for the time of absence until the actual termination of the relationship.

Deadline for applying for sick leave

But if we talk about that, they are also protected by the Labor Code of the Russian Federation. There are still some calculation limitations. At least regarding sick leave.

Is the employee planning to resign at his own request “on sick leave”? Payment for time spent as a sick person can only be received when a person applies for it within a month from the date of actual termination of the employment relationship. And only on the condition that a new place of work has not yet been found.

In other words, under some circumstances, the time spent on sick leave does not need to be paid. Unfortunately for employers, similar situations in practice they are extremely rare.

Basic calculation

By established rules dismissal of an employee (on sick leave) at his own request is paid. More precisely, the employer must necessarily pay for the time worked. Does not include sick leave.

If we talk about the usual termination of labor relations, then the money is paid on the day on which the citizen receives the work book. More precisely, at the moment of real dismissal. But what about a situation in which a person was on sick leave?

Then the calculation is made either at the time of applying for money and “labor”, or on the next day. And no later than the specified deadlines. Otherwise, the employer will incur a debt to the former subordinate. It increases daily. Every boss should know about this.

During testing

Special attention is paid to termination of cooperation during the probationary period. This is very controversial issue, which causes both employees and employers a lot of trouble.

Dismissal on sick leave at your own request probationary period practically never occurs. But if it occurs, then you will have to notify the employer 3 days before writing the application in the established form.

What to do with the calculations? Are any payments due to the employee in this situation? Yes. The employer, by law, must make all the calculations as in the case of a normal termination of an employment relationship. Namely:

  • pay ;
  • “cover” sick leave;
  • give money for time worked.

Accordingly, full payment is due. Otherwise, as in the previous case, debt arises. How does one quit at will while on sick leave? Everything is not as difficult as it seems.

Dismissal procedure

Now a little about how to briefly describe the process under study, taking into account all the previously listed features. By law, each employee personally has the right to dismissal at any time. It is enough to notify the employer about this in advance. It doesn’t matter whether it happens while on sick leave or not.

The procedure for terminating an employment relationship is as follows:

  1. A citizen writes an application for leave on sick leave. Together with it (or after) it is drawn up. It must be written down “at one’s own request”.
  2. The employer studies the submitted documents. From this moment the countdown of 2 weeks begins.
  3. After 14 days from the date of notification of dismissal, the boss draws up an order to terminate the employment relationship. It is presented to the person being dismissed for review. The corresponding entry is made in a special accounting journal. If the employee cannot personally come to the employer, he must send a copy of the order by registered mail.
  4. A record of dismissal is made in the work book. It is necessary to indicate Article 80 of the Labor Code of the Russian Federation. This means that the employee himself decided to terminate the relationship.
  5. As soon as the order comes into force, the employee receives a work book and pay slip. An act is drawn up about this.
  6. The person being dismissed contacts the accounting department for payment. After this, you can sign in the accounting journals for receiving funds in full, as well as for issuing a work book to a subordinate.
  7. If the employee refuses to sign, a special act is drawn up in which all actions are recorded. If it is not possible to make a personal visit to obtain a “labor” document, you will have to send a notification of the need to make a payment by registered mail. Then a trusted person can receive the money and work book.

That's all. Voluntary sick leave has come to an end. Nothing difficult with proper preparation No. Neither the employer nor the subordinate will have problems.

Sample

What would a sample resignation letter look like? In fact, everything is very simple. It is enough just to follow the standard requirements for writing any application.

Many people are interested in what the main part of the document will look like. For example, like this:

I, Ivanov Ivan Ivanovich, (passport data), mechanical engineer of the company SpetsStroy LLC, ask to be dismissed under Article 80 of the Labor Code of the Russian Federation at my own request from 02/20/2016.

It would be enough. This is what a sample letter of resignation looks like. Nothing difficult or special will be required from the citizen. There is no need to describe the reasons for termination of the employment relationship.

Results

What conclusions can be drawn from all of the above? Dismissing an employee on sick leave at his own request is not such a difficult process if you approach the task wisely. In general, it is no different from the usual termination of the relationship between an employer and a subordinate.

The calculation is made in full. And for time worked, and for unused vacation, and for sick leave. Failure to fulfill these obligations will lead to negative consequences.

Dismissal on sick leave possible only on the initiative of the employee, i.e. at your own request. If you fired while on sick leave at the initiative of the employer during sick leave, dismissal due to staff reduction during sick leave, etc.), then contact a labor dispute lawyer (tel. 987-60-94 ). With our help, the court will reinstate you at work.

Dismissal of an employee on sick leave it is also possible upon liquidation of the organization or termination of activities individual entrepreneur. This is permitted by Art. 81 Labor Code of the Russian Federation.

When terminating an employment contract by agreement of the parties, dismissal during sick leave is also possible, since there is no initiative of the employer.

Dismissal at will and sick leave.

An employee can resign at his own request by notifying the employer at least 2 weeks in advance. If you fall ill during these two weeks, the sick leave does not interrupt the specified period and there is no need to re-submit your resignation letter.

The employer has the right to terminate the contract with you based on your application if the period specified in the application has expired and you continue to be ill. You can provide closed sick leave for payment after dismissal.

Work book at dismissal of an employee on sick leave you do not need to send it by mail, but you must send a notice of the need to receive it or agree to send it by mail in order to avoid liability for its delay. You can read more about issuing a work book upon dismissal in a separate article.

It's also possible quit while on sick leave. Let's say you're already sick and want to quit. You can apply for dismissal while on sick leave. The required 2 weeks will begin to run from the day following the day the application is submitted. Time flies, and you are on sick leave.

Dismissal during sick leave at the initiative of the employer.

It is impossible to dismiss an employee who is on sick leave at the initiative of the employer. This is prohibited by Art. 81 Labor Code of the Russian Federation. Even if the deadline for dismissal due to staff reduction has approached. Only when the employee returns to work can he be fired on the first day of his return.

If the employee for a long time does not show up at work and answers on the phone that he is on sick leave; until the reasons for his absence are clarified, he cannot be fired. What if he really is on sick leave? In case of such dismissal, any court will reinstate the employee, and the employer will pay for the forced absence.

What should an employer do in this case if there is no one to work? You can take the place of an absent employee by another person by concluding a fixed-term employment contract with him with the wording “until the main employee leaves.”

How to get maternity benefits if?

and don’t run into scammers.

and received severance pay?

How is it produced?

Is it possible?

Employer's responsibility for.

An illness or injury does not ask when it will happen, and especially does not take into account the plans of the employer or employees. How to properly combine sick leave and dismissal? Who will pay for sick leave if illness strikes soon after dismissal? What do employers have the right to do if their subordinates take sick leave too often or for long periods of time? Who should work in place of sick employees? We try to clarify all questions in this article.

Dismissal at the initiative of the employer

An employee, while on sick leave, does not have to fear sudden dismissal - this is clearly prohibited by Article 81 of the Labor Code of the Russian Federation. Vacation and temporary disability guarantee immunity from dismissal on the employer's initiative.

Important! If an employee, warned about the impending dismissal, fell ill shortly before it or even on the planned day of dismissal, it is no longer possible to terminate the employment contract with him. The management will have to wait for recovery and dismiss the employee after the sick leave is closed. All documents related to the dismissal procedure (justification, order, settlement with the employee, entry in the work book) must be drawn up after the dismissed person returns from sick leave.

However, if the company is liquidated, the employer ceases its activities, and all employees, including those on sick leave, will be fired. This is the only exception for dismissal not on the initiative of an ill employee.

Dismissal at the initiative of the employee

When the dismissal is initiated by the worker himself by writing a letter of resignation, there is no reason for the employer not to release him from work on the specified day. It happens that after writing an application, an employee becomes ill, or decides to resign during illness. The combination of sick leave and dismissal must occur in accordance with the law.

  1. The employee wrote a statement and after some time fell ill.

    According to the law, he should work for another 2 weeks, but instead he went on sick leave. What to do with dismissal? The situation can develop in different ways.

    • The employee will recover before the expiration of 2 weeks, return from sick leave and resign on the planned day.
    • The employee continues to be ill longer than the time left before dismissal: the order will still be issued on the day specified in the application. The employee’s will is clearly expressed; the employer has no right to change it without written consent. So, the employee will be fired according to his application, and sick leave will be paid upon recovery after dismissal.
    • The employee, while on sick leave, withdrew his resignation letter. In this case, the employer will wait for the termination of temporary disability and resolve issues of further cooperation after the closure of the sick leave.
  2. An employee decided to quit while sick.

    An application for dismissal can be submitted at any time, both during vacation and on sick leave, as explained in the letter of Rostrud No. 1551-6 dated 09/05/2006. Naturally, the desired date of dismissal must be 14 days away from the date of filing the application. It does not matter whether the employee has time to recover during this time - the law prescribes termination of the employment relationship on a specified date.

    If, on the day of dismissal, a sick employee was unable to come to receive his work and pay slip, he must be notified. The employer is obliged to do this so as not to be responsible for the delay in the work book. The work report, with the written permission of the employee, can be sent to him by mail, and the money can be credited to his bank card on time.

NOTE! In most controversial cases, the Labor Code of the Russian Federation protects the interests of employees, which is especially clear in the example of sick leave: the working time is running out, and the person is quietly recovering during this time. The employer does not have the right to extend the two-week work period after leaving sick leave.

Got sick while looking for a new job

It would seem that after the termination of employment relations with the employer, the health of the former employee is already his own problem. But here, too, the law is on the side of the weaker: for another 30 days, the former employer is obliged to accept for payment the sick leave of the dismissed employee.

The priority is the date of opening the certificate of incapacity for work, and not its duration. Even if a person falls ill on the 29th day after dismissal, he will have to be paid for sick leave, no matter how long the period of illness lasts.

In such cases, compensation will be slightly less - 60% of average earnings (Part 2, Article 7 of Federal Law No. 255).

Naturally, this requirement will be valid only if during the specified month the dismissed person has not yet found another job: otherwise the sick leave will have to be borne by the new employer.

Legal deadlines

An employee may bring sick leave for payment not immediately, but within six months from the date of recovery. It does not matter in what period he was fired: before the illness, during it or after it. Even if the sheet was opened some time after dismissal (up to 30 days), then within 6 months after recovery the former employee has the right to apply for temporary disability benefits (Part 1, Article 12 of the Federal Law of December 29, 2006)

IMPORTANT INFORMATION! Since 2015, disability benefits for more than 3 days have been paid from the Social Insurance Fund, so employers have fewer and fewer reasons to evade legal payments.

Benefit payments must be scheduled no later than 10 days upon presentation of the slip, and payment for them will be made on the next payday.

A regular sick leave certificate is issued for up to 30 days. If you fail to recover during this time, an extension is possible based on the results of a special medical commission. If there is no conclusion about professional incompetence (that is, after recovery it will be possible to return to your previous job), sick leave can be extended to a maximum of 10 months.

An employee is sick, who should work?

If the business suffers significantly from the absence of an employee, then someone must perform the functions of the absentee. What is it permissible for an employer to do, since it is not yet possible to fire an employee:

  • temporarily assign the sick person’s responsibilities to other employees with appropriate qualifications (through external part-time work or combination of positions, with the drawing up of an additional agreement to the employment contract);
  • hire another employee by concluding a fixed-term employment contract with him, in which the wording “until the permanent employee leaves sick leave” must be entered.

When sick days are endless

Weak health or malingering workers, or perhaps a mother with a frequently ill baby, are too often and for long periods of time unable to work? This situation is extremely unprofitable for the employer, despite the fact that sick leave is not paid out of his pocket. The Labor Code does not allow dismissal due to frequent sick leave, but employers in practice create such conditions for such employees upon returning to work that it is easier for someone who takes sick leave to resign at their own request or by agreement of the parties. You can understand them: they need employees, not sick leave.

What can an employer do legally if an employee is absent for too long and often due to illness?

  1. If continuous sick leave lasts 3 months, then on the basis of clause 3 of Art. 81 of the Labor Code this means the employee’s professional incompetence, unless there is a different conclusion from the medical commission, which must be passed to extend sick leave for more than 1 month. In this case, the employer must offer the employee another position that is more suitable for his health. If there is no vacant position with the proper qualifications or the employee does not agree to it, dismissal will be absolutely lawful.
  2. You need to pay attention to the institution that issued the certificates of incapacity for work. It may not have such rights. An employee cannot provide sick leave issued:
    • sanatoriums;
    • mud baths;
    • donor center;
    • emergency care;
    • medical examiner's office.
  3. You can check whether the employee provided real sick leave. To do this, you need to send a request to the medical institution about the officialness of the issued sick leave. The information is not a secret, and the answer will be received. If sick leave was not issued to this person within the specified period, there is absenteeism and a peremptory reason for dismissal. If the sick leave is legal, you can offer the employee to undergo an extraordinary medical examination to determine further professional suitability.

Thus, if the initiative to quit comes from the employee, then there are no obstacles preventing him from ending his career in this company. If the employer is not satisfied with the quality of the work performed, he will have to select arguments and evidence to release workplace. Most often, the Labor Code of the Russian Federation is on the side of the employee rather than the employer.

Dismissal while on sick leave at the initiative of the company is impossible. However, there are certain nuances in this issue that you need to be aware of. We will tell you about them in this publication.

Dismissal of an employee on sick leave at the initiative of the employer

Often employees worry that during frequent periods of incapacity, the employer may decide to terminate the employment contract. These fears are groundless - according to Part 6 of Art. 81 of the Labor Code of the Russian Federation, a company cannot fire an employee during his vacation or illness. Violation of this norm of labor legislation is fraught with a fine for the company from 30,000 to 50,000 rubles, and executive or the merchant will pay 1,000-5,000 rubles for the violation. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

It should be borne in mind: if an employee decides to quit and falls ill on the same day, the employer cannot require the employee to work for two weeks after recovery. In this case, the employer is obliged to pay the employee sick leave, because the law does not provide for the suspension of a two-week period for the period of illness. Since the disability occurred while the employee was working for the company, the company must pay benefits depending on the employee’s insurance coverage.

Employees often take advantage of this by obtaining a certificate of incapacity for work from the doctor so as not to work the required two weeks. There is a precedent when the court considered such behavior of an employee to be an abuse of his rights and protected the employer by canceling the fine for dismissal while on sick leave(resolution of the Plenum Supreme Court dated 17.03.04 No. 2).

At the same time, the law establishes that upon liquidation of a company or individual entrepreneur, all employees: both healthy and sick, lose their place of work (Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation). In this case, the employer is obliged to issue an order and, against signature, familiarize all employees with the upcoming closure of the company at least 2 months in advance (Part 2 of Article 180 of the Labor Code of the Russian Federation). If the company was liquidated and the employee did not manage to receive benefits from the employer, then he needs to apply to the Social Insurance Fund for payment (Clause 4, Article 13 of Law No. 255-FZ). Within 10 days after the application, the fund will pay for sick leave.

The material will tell you more about what other personnel procedures need to be carried out when liquidating a company. .

Another situation in which dismissal of an employee on sick leave is legal is if a fixed-term employment contract was concluded and the employer warned the employee three calendar days in advance that he was not going to renew it (Article 58, Article 79 of the Labor Code of the Russian Federation). In this case, the employer will fully pay the employee for sick leave in accordance with the insurance period and dismiss him on the day the fixed-term employment contract ends. Moreover, if the contract was concluded for a period of less than six months, then the employee can be paid for a maximum of 75 calendar days of incapacity for work. If the term of the employment contract was more than 6 months, then the entire period of illness is subject to payment (Article 6 of the Law of December 29, 2006 No. 255-FZ “On Mandatory social insurance»).

Important ! If you do not notify the employee three days before terminating a fixed-term employment contract, then the contract is considered unlimited. Then it will not be possible to fire a sick employee, and the court will side with the employee in the event of a conflict (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated August 23, 2011 No. A32-6455/2010).

Dismissal during sick leave at your own request

An employee can resign at will, even while on sick leave. If he is still ill on the day of dismissal, the employer should not postpone the dismissal date and wait until the employee recovers. On the date of dismissal, the employer is obliged to issue the employee a work book and a certificate of the amount of earnings in the form of Order of the Ministry of Labor dated April 30, 2013 No. 182n, pay wages and compensation for unused vacation.

If the employee cannot appear and pick up the documents, then he is sent a registered letter asking him to come to the enterprise. But the company will pay for the certificate of incapacity for work after the employee gets it from the doctor and brings it to the company. The benefit is paid in full for all days of illness in accordance with the insurance period (Clause 2, Article 5 of Law No. 255-FZ of December 29, 2006).

Important ! There are situations when an employee is seriously ill and his relatives, on their own behalf, but with a power of attorney from the employee, demand termination of the employment contract. It is impossible to dismiss an ill employee at your own request on the basis of an application signed by a person authorized to do so by a power of attorney - the court will recognize such dismissal as illegal and will oblige you to reinstate the employee in his position and pay wages for the period of forced absence (rulings of the Moscow City Court dated August 13, 2010 No. 4g /3-7015/10, dated 02.14.2013 No. 4g/5-595/13, St. Petersburg City Court dated 02.11.2011 No. 33-16328/2011).

We would like to draw your attention to the dismissal for employee's sick leave injured at work. Such an employee can also resign of his own free will at any time during illness, but the company must pay him benefits for the entire period of temporary disability in the amount of 100% of average earnings. The upper limit of the benefit amount for calendar month limited by social insurance and cannot be more maximum size monthly insurance payment established for the current year, multiplied by 4: in 2016, from February, this amount will be 69,150 rubles. × 4 = 278,040 rub. (clause 2 of article 9 of the law dated July 24, 1998 No. 125-FZ “On compulsory social insurance against accidents”, clause 1 of article 6 of the law dated December 1, 2014 No. 386-FZ “On the budget of the Social Insurance Fund of the Russian Federation”, taking into account indexation on the basis of clause 1 of the Decree of the Government of the Russian Federation dated January 28, 2016 No. 42).

An employee has the right to payment for sick leave within six months after the doctor closes the sick leave. The accounting department is obliged to calculate the amount of benefits payable within 10 calendar days from the date of receipt of the sick leave. Pay - on the next payday after the benefits are accrued.

The employer withholds personal income tax from the benefit amounts and transfers it to the budget as the employee’s tax agent. Only the first three days of the employee’s illness are paid at the employer’s expense; the payment for subsequent days is reimbursed by social insurance.

To dismiss an employee while on sick leave at his own request, the following documents must be completed:

  • statement from the employee;
  • manager's order of dismissal;
  • certificate of calculation of temporary disability benefits;
  • order for payment of benefits;
  • certificate of the amount of earnings in the form of order of the Ministry of Labor dated April 30, 2013 No. 182n;
  • if an employee decides to receive a work book by mail, then he must submit an application to the company;
  • if benefits are paid from the cash register, then an order is drawn up to deposit the benefit amounts, as well as other payments due to the employee - until he is able to come for the money.

An example of calculating payment for a certificate of incapacity for work

Employee Potashev caught a cold in March 2015. During an examination in the hospital, the doctor discovered a formation in Potashev that required immediate surgical intervention and further lasting solution. Potashev decided to quit to focus on his health. On March 11, he went to the hospital for treatment, and on March 16, Potashev handed over to the manager a handwritten letter of resignation. Potashev was discharged from the hospital on March 26, 2015 with a closed certificate of incapacity for work. The number of days of Potashev’s illness is 16. Potashev earned 356,000 rubles in 2013, and 384,000 rubles in 2014. Potashev's insurance experience is 25 years. He did not work in other places, he worked full time in this company, and has no excluded periods from the calculation.

The employer is obliged to pay Potashev benefits for all days of illness in accordance with the insurance period, since Potashev was not fired at the time of the onset of incapacity. The benefit amount will be:

(356,000 + 384,000) / 730 days × 100% (since the experience is more than 8 years) × 16 days = 16,219.20 rubles.

Of this, the employer will pay for the first three days of illness - 3,041.10 rubles.

Don’t forget - you need to withhold income tax from sick leave amounts; more about this in the article .

Personal income tax from sick leave amounted to 2,108.5 rubles.

In total, Potashev will receive 14,110.7 rubles on a certificate of incapacity for work.

In Potashev's work book, the employer made an entry about the employee's dismissal on March 30 - two weeks after receiving the application. Since Potashev came for the documents on his own, the accounting department gave him a work book and a certificate of the amount of earnings. allowance, wages and compensation unused vacation transferred to the employee’s bank card.

Results

No matter how many days you are sick, the employer cannot fire you, unless, of course, you are working under a fixed-term employment contract or your company is closing. The materials in our section will help you understand your rights as an employee and responsibilities as an employer in different situations.

2018-11-29T19:54:51+00:00

In what cases does an employer have the right to dismiss an employee at his own request during sick leave? Is it possible to terminate the employment relationship with an employee during illness on the initiative of the employer. How to write a letter of resignation if a certificate of incapacity for work has been opened, the procedure for dismissing an employee under labor law who is on sick leave

The Labor Code does not prohibit the dismissal of a person during sick leave, provided that this is the desire of the employee himself.
What should an employer do if an employee submitted a resignation letter of his own free will and went on sick leave?

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If there is a voluntary dismissal during sick leave, then the main task of the organization is to prepare all the documents correctly. In addition, you need to make sure that termination of the contract will be legal. Dismissal of a person in his absence from the workplace is possible only in certain cases.

General provisions

Termination of labor relations at the request of the worker is regulated by Article 80 of the Labor Code of the Russian Federation. It says the following:

  • Any worker has the opportunity to terminate his employment relationship with the organization unilaterally.
  • You must notify your intention to terminate your employment relationship no later than 14 days in advance. In separately specified cases, this period can be reduced to three days, or it may be absent altogether.
  • If management does not insist on working off the job, then the person can leave work on the day the application is submitted.
  • A resigning person has the right to change his decision at any time, before the termination of his employment obligations, even on the last day of going to work. An exception will be the case when another person has already been invited to the position by way of transfer.
  • Even if the dismissal documents are not completed on the last day of the employment contract, the person has the right to stop execution labor functions, starting from the day following the one indicated in his application.
  • On the last day of work former employee You need to give your work book and make a full payment.

Neither this article of the Labor Code of the Russian Federation, nor other acts of labor legislation indicate that a person cannot be fired at his own request if he is not present at the workplace. Accordingly, it is possible to resign on sick leave at your own request.

When can you quit?

Let's consider a situation: a person filed a resignation letter of his own free will. But a few days before the day of dismissal, he went on sick leave. And on the last day he did not go to his workplace.

What should a manager do, does he have the right to dismiss an employee on sick leave? Yes, if the employee has not expressed a desire to cancel his application. Being on sick leave will in no way affect voluntary dismissal. After all, this is the personal initiative of the employee himself. And the Labor Code of the Russian Federation prohibits dismissing an absent person if the initiative comes from the management of the enterprise.

Therefore, a sick person has the right to expect that he will be fired on the day specified in his application. They will also transfer the final payment (excluding payment for temporary disability) and issue a work book filled out in the prescribed manner.

Dismissal during illness

Let's consider the question - is it possible to resign during sick leave at your own request? Another nuance that may raise questions is a situation when a person falls ill and only then brings his application. Should the employer accept such a statement? How to resign correctly in this case? Labor legislation does not regulate this situation in any way. Accordingly, a person has every right to submit an application while on sick leave.

In this case, the processing time will remain unchanged. The application must be submitted no later than 14 days before the expected date of termination of the employment relationship. This period can be reduced in the following cases:

  • The person leaving is on a probationary period or a fixed-term employment contract has been concluded with him. In this case, the warning period is reduced to three days.
  • A person has the right to resign on the day the application is written. This is possible if a person has entered full-time study, is drafted into the armed forces, retires, etc.
  • The head of the organization agrees to shorten the warning period.

These rules apply in any situation.

Refusal to accept resignation letter

What to do if an employer refuses to accept an application from a sick employee, citing the fact that this moment a person does not fulfill his job responsibilities and should not be at work.

In this case, you need to do the following:

  1. Draw up the document in two copies.
  2. Register it with the secretary.
  3. The employee must keep one copy and there must be a mark on it that the document has been accepted and the date of acceptance.

If a company representative refuses to register a document, you can send an application by mail. It is better to do this not just by registered mail, but by sending it with an inventory. In this case, the sender will have in his hands a document confirming that the envelope actually contained an application for dismissal at the initiative of the employee.

Otherwise, the employer may claim that the letter did not contain any document, or that it was a paper containing other information and not a letter of resignation. It must be borne in mind that this method extends the working period. The regulated 14 days will begin to count only from the moment the employer receives the letter.

Working off

In the Labor Code of the Russian Federation, the notice period for dismissal is set in calendar days.

Fact

The working period begins to count the next day after submitting the application. The fourteenth day is also the day the work ends.

But at the same time, not a single regulatory act states that during the warning period the employee must fulfill his work duties. Accordingly, if an employee is dismissed while on sick leave, the employer does not have the right to demand an extension of the notice period. As, for example, this happens with a probationary period.

This means that the manager’s demand for work after the end of the illness is unlawful. This is true for a situation where the day of dismissal falls during a period of illness.

If a person who has expressed a desire to resign during illness ends up with a certificate of incapacity for work before the date of dismissal, he is obliged to return to the workplace.

This rule can create unpleasant situations for the employer. If an employee is on sick leave, the employer cannot force him to come to work to hand over official documentation. Even if there are shortcomings in the documents. An exception is the situation when the employee is a financially responsible person or especially important documents are handed over to him for signature (strict reporting forms, originals statutory documents etc.).

The procedure for dismissing an absent employee at his request

Dismissal of an employee on sick leave in 2018 will occur as follows:

  1. The employer is preparing a dismissal order. The order is issued in the usual manner. As a rule, the T-8 or T-8a form is used. But you can also draw up a document on a form developed by the company. There is no need to note in the order that the termination of the employment relationship occurs during a period of incapacity for work and the employee is absent from the workplace. The reason is stated in paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
  2. The final payment is made. Days when the employee is sick will not be included in this calculation. The employer will pay for them after the employee brings him a certificate of incapacity for work.
  3. A work book is drawn up. Termination of the contract occurs while the employee is on sick leave, which means he will not be able to receive it on time. In order to protect yourself from possible claims from the dismissed person, the personnel officer needs to send the sick employee an information letter about the need to come for a work book.

Sick leave benefits are issued to a dismissed employee in the usual manner. Accrual occurs within three days from the date of receipt of the slip, and payment is made on the next salary date.

Payment of sick leave to a dismissed employee

Sick leave The employer pays as usual:

  • The amount of the benefit will depend on the length of service.
  • To calculate the base for sick leave, the two previous calendar years are taken.
  • The employer pays for three days of sickness, the rest of the benefit comes from the Social Insurance Fund.

All sick days are subject to payment: both those that occur before the date of dismissal, and those that occur during the period when the person is no longer an employee of the company.

Is it necessary to confirm that the employee is actually sick?

The manager cannot demand confirmation from a person that he is sick until the certificate of incapacity for work is closed. Moreover, the legislation does not oblige the sick person to report that he is sick. This responsibility can be reflected in the company’s local documents.

To make sure that the dismissed employee is actually sick, you can contact a medical institution.

Additional grounds for dismissal

On what other grounds is dismissal possible while on sick leave? As noted above, the legislator establishes a ban on the dismissal of a worker who is on the ballot only if the initiative comes from the company’s management.

This means that a sick person can be fired not only at his request, but also for reasons beyond the control of the parties. Or, on the contrary, on the basis that is possible if both parties come to an agreement.

This includes cases:

  1. End of the employment relationship.
  2. Death of an employee or employer classified as an individual entrepreneur.
  3. Prohibition for medical or other reasons from holding a position and lack of possibility of transfer.
  4. Agreement between the parties.

Let's take a closer look various situations dismissals in the absence of a person at the workplace:

  • The employee's initiative, that is, his own desire. In this case, the procedure for terminating the contract is carried out as usual. The employee is fired on the date specified in his application, even if he is absent on that day.
  • Long-term disability. Labor legislation preserves a sick person’s job. Therefore, a long-term illness cannot become a basis for terminating the employment relationship. Accordingly, if the employee does not express a desire to leave on his own initiative during long illness(or did not express it before it started) he cannot be fired. The only thing an employer can do if an employee is often sick or his sick leave lasts long enough is to send the person for a medical examination in order to determine the employee’s suitability for the position held.
  • Liquidation of the enterprise. This is an exceptional case when a sick person can be fired in his absence from the workplace. In this case, he will receive temporary disability benefits from the Social Insurance Fund.
  • Staff reduction. In this case, dismissal of the absent person is impossible. If the employer has carried out the entire layoff procedure and the last day of work falls during the person’s absence, then the dismissal is postponed to the first day the person returns to work.
  • For absenteeism. The law does not allow dismissing people at the initiative of the employer if they are absent from the workplace (except for liquidation). Moreover, the employer does not have the right to classify an employee’s absence as absenteeism until this is established by an internal audit. Before this, the code “nn” is entered on the report card - failure to appear for unknown reasons.

Employer's liability

The legislator prohibits the dismissal of a person on sick leave at the initiative of the employer. If the latter violates this rule of law, the employee can challenge the termination of the employment contract. This is especially true when staffing is reduced.

In addition to reinstating the person to the workplace and paying for forced absences, the employer is subject to a fine. Fine for legal entity varies between 30,000 - 50,000 rubles. If an official or an individual entrepreneur is punished, the amount of the fine is much less, 1000 - 5000 rubles.

FAQ

What is the date to dismiss a sick employee?

The order to terminate the contract will contain the date that the person indicated in his application. That is, this date will not shift by the number of days on the ballot, even if it falls during the period of incapacity for work.

Is the employer required to pay for a ballot that began after the employee left?

According to current legislation, a person has the right to receive benefits from a former employer if the period of incapacity for work began within 30 days from the date of termination of contractual obligations.

What will be the entry in the work book if a person was fired during his absence?

When filling out the work book, there is no need to note that the termination of the contract occurred during the person’s absence. The grounds for dismissal are entered in accordance with the Labor Code of the Russian Federation (own desire, agreement of the parties, etc.).

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