Whether it is possible to dismiss the worker who is onhospital? This question is of interest to many managers. In this case, dismissal is possible only in the situation when the citizen decided to terminate the employment relationship on his own initiative or by mutual agreement with the employer. In another situation, the termination of the contract is not allowed, unless, of course, the enterprise is liquidated.
As article 81 of the Labor Code states, the terminationlabor relations with an employee who is on a sick leave, is strictly prohibited. Otherwise it will be a violation of the law and an occasion for the latter to apply to the court.
In addition, it is impossible to dismiss a person if heis on vacation. There is also an exception to the rules, since it is possible to terminate the service relationship with the employee even when he is on sick leave or on a well-deserved rest, but only if the organization is liquidated or the IP ceases its activities.
Whether it is possible to dismiss the worker who is onhospital? This question is of interest to many managers of organizations. Because it often happens that the employee wrote a statement of dismissal on his own initiative, and then went to the hospital. In this case it is quite possible to dismiss a citizen on the specified date in the document. Because the initiative here does not come from the boss, but from the worker himself. That is why the head has the right to implement this procedure.
В то же время работодателей беспокоит вопрос о whether it is possible to dismiss an employee who is on a sick-list, and how, in this case, to pay him the money due on the last day of his employment if he is at home?
In this case, you just need to prepare an order forterminate the service relationship and make a final settlement on the card or bank account. In this case, it is possible to send the employment record book to the dismissed employee by mail with a notice of delivery. At the same time, there will be no violations of the law in the actions of the head. Especially in the event that the citizen has not withdrawn his application.
In practice, there are also such situationswhen the dismissed employee became temporarily disabled after the end of the employment relationship with the organization. In this case, he can provide his sick leave for payment within six months to the former head. But only if he was not employed at the time of illness at a new place.
Therefore, when business leaders are askedwhether it is possible to dismiss an employee who is on sick leave, they should not forget that this is permissible only when the citizen himself wishes to end his official relationship with his boss, or both sides reach this decision by mutual agreement. In addition, the list of disability provided by a person after this procedure should be paid by the company, but only in the amount of 60%.
In practice, there are cases when the agreementit is possible to conclude with an employee not only for an unidentified, but also for a certain period of time. In this case, the head is guided only by article 59 of the Labor Code. Also during the validity of this agreement, personnel specialists are often interested in the question of whether it is possible to dismiss an employee who is on sick leave under a fixed-term contract. This can only be done if the period of its validity has expired. In another situation, such a dismissal would be illegal. Because a citizen who temporarily carries out his official activity is the same employee as the person who interacts with the organization on an ongoing basis.
In practice, such situations often occur.when employers want to dismiss their subordinates only because they were not as strong in health as they were at the beginning of their professional activities. In this case, the long-term lack of work of the employee will not be a reason for the termination of his official relationship with him, but only if it is supported by the official sick leave. If there is no such document, the manager is entitled to dismiss a person for absenteeism under article 81 of the Labor Code. In addition, the list of disability is paid as a percentage, the amount of payments depends on the length of service of an employee.
Many executives are interested inthe question of whether it is possible to dismiss an employee who is on sick leave for more than 4 months. This is possible only if the citizen himself wants to end his official relationship with the organization, or by agreement of the two parties. As stated in article 81 of the Labor Code, the termination of the service relationship with a person is prohibited if he is on sick leave, which is supported by an official document. The exception in this case is the dismissal on the initiative of the employer at the time of the liquidation of the enterprise or the completion of the activity by an individual entrepreneur.
In practice, it happens that a manager inthe length of time that a citizen is not able to work makes a decision on the termination of his official relationship with him, which is considered unlawful. Because the dismissal of a subordinate on the initiative of the chief during his sick leave is not allowed, unless, of course, the employee himself has stated this. In addition, during the period of disability, a citizen retains his place and position, as well as the average earnings. Nevertheless, the head is interested in lawyers about whether it is possible to dismiss an employee who is on sick leave for more than 2 months. So, it can be done only by a written statement of the employee himself or by agreement of the parties. Also, this procedure will be absolutely legal if the company terminates its activities.
The subordinate himself can quit at any timeeven during the period of disability. The head has the right to terminate the service relationship with the employee, but only in those cases that are expressly provided by law. Therefore, the majority of specialists on personnel think about whether it is possible to dismiss an employee who is on sick leave when liquidated. Yes it is possible. Because art. 81 of the Labor Code explicitly states that the head has the right to complete the service relationship with the employee upon liquidation of the organization or termination of the entrepreneur’s activities. Therefore, there will be no violations by management.
In the event that a subordinate was fired beforetermination of the organization’s activities and within thirty days after that he suffered the disease, he is entitled to receive payment for the disability certificate, which is made through the social insurance fund.
During a citizen’s disability, a contract can be terminated with him only by mutual desire of the two parties or by the initiative of the citizen.
However, in practice very often occurvarious controversial situations. This allows the manager to think about whether it is possible to dismiss an employee who is on sick leave by agreement of the parties. Yes, it is legally allowed. In addition, the initiative to terminate the employment contract by mutual agreement can come from both the employee who is on sick leave and his manager.
If the document was drawn up before the employee became disabled, he should be dismissed on the day specified in the agreement, with all the required funds paid.
In practice, there are often situations whereemployees have been on sick leave for quite a long time due to the fact that, due to the state of their health, they are unable to start to fulfill their official duties. In this case, the head does not have the right to terminate the employment relationship with a citizen only on this basis. This will be a gross violation of the law. Nevertheless, many personnel specialists are interested in the question of whether it is possible to dismiss an employee who is on sick leave for more than 6 months. So, Art. 81 of the Labor Code states that termination of service relations with an employee who is temporarily disabled is prohibited. And it does not depend on how many months he will be on the sick-list. This is a valid reason for non-performance of official duties, which is supported by an official document. Therefore, if an employer dismisses an employee just because he has been on sick leave for more than 6 months, then this will be the reason for a citizen to apply to a judicial authority.
