In Russia, issues related to employment,concerned about citizens very much. The same goes for everything related to dismissal. The termination of an officially concluded employment contract between an employer and an employee is something that requires special attention. The Labor Code of the Russian Federation provides for a lot of nuances regarding the question raised. But what to do if you plan to dismiss on sick leave of your own free will? Is it even possible to terminate an employment contract in a similar manner? What should every employee and employer know? Understanding all these issues is not so difficult 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 labor relations during a hospital illegal act. Are these people right?
It all depends on the circumstances.An employer cannot dismiss a person while he is on sick leave. It's illegal. But if we talk about the termination of the relationship of the labor type at the request of the employee, then there will be no violations. Why?
All due to the fact that there is a layoff onsick leave of their own accord. The Labor Code of the Russian Federation, or rather, Article 80, indicates that at any time a citizen is able to terminate the employment contract with his employer. Even during the holidays. Nobody can take away this right.
In advance
Some rules will have to be remembered andemployees and employers. The thing is that the dismissal on personal initiative requires certain time costs. By law, every person who wants to stop cooperating with one or another boss warns in advance about his intentions. It is about writing a statement of the established form.
In advance is at least 14 days beforealleged day of termination of employment. Accordingly, just like that and in the shortest possible time, citizens cannot leave work. Dismissal on sick leave at home is common in Russia. But why?
Working off
All due to the fact that the person will work 2weeks after notifying the authorities about their intentions to stop cooperation. A kind of practice laid by the law. And this will have to be taken into account if you want to stop working for this or that company on your own.
But being laid off on sick leaveIf desired, without working out is a common phenomenon. Why? Because according to the law, a person must warn the boss about the termination of the employment relationship within 14 days. Then either he works out, or goes on vacation / on sick leave. Nobody has the right to call a citizen to work.
It turns out that the process being studied is some kind ofcunning, which is found in Russia quite often. It allows you not to work after the employer is notified of the upcoming loss of the employee. But what should every citizen know besides all the previously listed points?
Sick pay
For example, many are interested in whether any payments are made to an employee who has terminated an employment relationship with an employer after he has gone to hospital. This is a very difficult question.
On the one hand, a citizen can, as has already beenit is said to carry out the dismissal on the sick-list at own will in order to avoid working off. In fact, this is a kind of deception. And there is no need to pay for the sick leave.
On the other hand, sometimes there are coincidences.A citizen can really get sick. And at the same time decide on dismissal. Then the non-payment will be considered a gross violation. For the employer, it is fraught with great debt.
So how to be?Article 183 of the Labor Code states that when leaving the hospital, sick leave must be covered. That is, be paid. This means that the dismissal of an employee at the sick-list at the request of the employee still obliges the employer to pay for the sick-leave. Exception - if the citizen took leave at his own expense. Then during the absence until the moment of real termination of the relationship will not have to pay.
Term treatment with sick leave
But if we talk about the rights of the employer, they are also protected by the Labor Code of the Russian Federation. Some restrictions on the calculation still exist. In any case, in relation to the hospital.
The employee plans to be laid off on his owndesire "on the sick-list"? Payment for the time spent as a patient can only be obtained when a person applies for it within a month from the moment of the actual termination of the employment relationship. And only under the condition that the new place of work has not yet been found.
In other words, in some circumstances, the time that was spent on the hospital does not need to be paid. Unfortunately for employers, such situations in practice are extremely rare.
Basic calculation
According to the rules of dismissal of an employee(on the sick-list) at his own request paid. Or rather, the employer must pay for the time worked without fail. Excluding sick leave.
If we talk about the usual termination of the relationshiplabor type, the money is paid on the day on which the citizen receives a work record. More precisely, at the time of the real dismissal. And what about the situation in which a person was on the hospital?
Then the calculation is made either at the time of treatment.for money and "labor", or the next day. And no later than the specified dates. Otherwise, the employer to the former subordinate arises debt. It increases daily. Every boss should know about this.
During the test
Special attention is paid to the termination of cooperation during the trial period. This is a very controversial issue, which gives both workers and employers a lot of trouble.
Dismissal on sick leaveon trial period almost never occurs. But if it takes place, then it will be necessary to notify the employer 3 days prior to writing a standard application.
А что делать с расчетами?Are there any payments to the employee in this situation? Yes. The employer must legally make all calculations, as in the usual termination of the employment relationship. Namely:
- pay unused vacation;
- "cover" sick leave;
- give money for the time worked.
Accordingly, it is necessary to complete the calculation.Otherwise, as in the previous case, debt arises. And how is the dismissal of their own accord, while on sick leave? Everything is not as difficult as it seems.
Dismissal procedure
Now a little about how to briefly describeThe process under study, taking into account all the previously listed features. By law, each employee personally has the right to dismiss at any time. It is enough to warn the employer in advance. It doesn't matter if it happens on the sick-list or not.
The procedure for termination of an employment relationship is as follows:
- A citizen writes a statement about going to hospital. Together with him (or after) an application for dismissal is made. It necessarily prescribed "on their own."
- The employer studies the submitted documents. From this moment begins the countdown of 2 weeks.
- После 14 дней с момента оповещения об увольнении the chief makes an order for termination of the employment relationship. It is submitted for familiarization fired. The corresponding entry is affixed in a special log book. If the employee cannot personally come to the employer, you need to send a copy of the order by registered mail.
- In the workbook is a record of dismissal. Be sure to specify article 80 of the LC RF. This means that the employee himself decided to terminate the relationship.
- As soon as the order enters into force, the employee receives a labor book and a pay slip. This is an act.
- The fired person goes to the accounting department for billing. After that, you can sign in the registers for receiving funds in full, as well as for issuing a sub-book of labor to a subordinate.
- If the worker refuses to sign,a special act is drawn up in which all actions are recorded. If it is impossible to make a personal visit in order to receive a “labor”, you will have to send a notification about the necessity of making a settlement with a subordinate by registered letter. Then the trustee can get the money and the workbook.
That's all. Dismissal at the hospital on their own will come to an end. There is nothing difficult with proper preparation. Neither the employer nor the subordinate will have problems.
Sample
And what will the sample of the application for dismissal look like? In fact, everything is very simple. Simply follow the standard requirements for writing any application.
Many are interested in how 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, please dismiss me under article 80 of the Labor Code of the Russian Federation on my own from 20.02.2016
Этого будет достаточно.This is what a sample application for dismissal of one's own will looks like. Nothing difficult or special from a citizen is required. It is not necessary to describe the reasons for termination of the employment relationship.
Outcomes
What conclusions can be drawn from allthe above? Dismissing an employee at the hospital on their own will is not so difficult if you approach the solution of the problem with the mind. In general, he is no different from the usual termination of the relationship between the employer and the subordinate.
The calculation is made in full. And for the hours worked, and for unused vacation, and for sick leave. Failure to comply with these obligations will lead to negative consequences.
