Is it possible to dismiss a worker on sick leave? This question is of interest to many leaders. In this case, the 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 company is liquidated.
Not allowed
As article 81 of the Labor Code states, termination of employment with an employee who is on sick leave is strictly prohibited. Otherwise, it will be a violation of the law and an occasion for the latter to appeal to the court.
In addition, it is impossible to fire a person if he is on vacation. There is also an exception to the rule, since it is possible to terminate official relations with an employee even when he is on sick leave or on a well-deserved rest, but only if the organization is liquidated or the individual entrepreneur ceases to operate.
At the initiative of the employee
Is it possible to dismiss a worker on sick leave? This question is of interest to many heads of organizations. Because it often happens that an employee wrote a letter of resignation on his own initiative, and then went on sick leave. In this case, it is quite possible to dismiss a citizen on the specified day in the document. Because the initiative here does not come from the boss, but from the employee himself. That is why the head has the right to carry out this procedure.
At the same time, employers are worried about the question of whether it is possible to dismiss an employee who is on sick leave, and how in this case to pay him the due funds on the last day of the performance of labor duties, if he is at home?
In this case, you just need to prepare an order on the completion of official relationships and make the final payment to a card or bank account. In this case, the work book can be sent to the dismissed employee by mail with a notice of receipt. In this case, the actions of the head will not be any violations of the law. Especially if the citizen did not withdraw his application.
Sick pay
In practice, there are also situations where a laid-off employee becomes temporarily incapacitated after the completion of an employment relationship with the organization. In this case, he can provide his sick leave for six months to the former leader. But only if he was not employed at the time of illness to a new place.
Therefore, when business leaders ask whether it is possible to dismiss a worker while on sick leave, they should not forget that this is permissible only when the citizen himself wishes to terminate his relations with the boss or both sides come to this decision by mutual agreement. In addition, the disability certificate provided by the person after this procedure must be paid by the company, but only in the amount of 60%.
If the contract is urgent
In practice, there are cases when it is possible to conclude an agreement with an employee not only for an unspecified, 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 term of this agreement, HR 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 its validity period has expired. In another situation, such dismissal would be illegal. Because a citizen who temporarily performs his career is the same employee as a person who interacts with the organization on an ongoing basis.
Long-term disability
In practice, such situations often occur when employers want to dismiss their subordinates only because the latter were not as strong in health as they were at the beginning of their professional activities. In this case, the employee’s prolonged incapacity for work will not be the basis for termination of official relationships with him, but only if this is supported by an official sick leave. If such a document is not available, then the head has the right to dismiss a person for absenteeism under article 81 of the Labor Code. In addition, the disability certificate is paid in a percentage ratio, the amount of payments depends on the length of service of the employee.
Many heads of organizations are interested in the question of whether it is possible to dismiss an employee who has been on sick leave for more than 4 months. This is possible only if the citizen himself wishes to terminate official relations with the organization, or by agreement of the two parties. As article 81 of the Labor Code states, termination of official relations with a person is prohibited if he is on sick leave, which is supported by an official document. The exception in this case is dismissal on the initiative of the employer at the time of liquidation of the enterprise or the completion of the activity by an individual entrepreneur.
Employer Violations
In practice, it happens that the head during a long disability of a citizen decides to terminate his official relationship with him, which is considered unlawful. Because the dismissal of a subordinate at the initiative of the boss during his sick leave is not allowed, unless, of course, the employee himself has stated this. In addition, during a period of disability, a citizen retains his place and position, as well as average earnings. Nevertheless, the manager is interested in the question of lawyers about whether it is possible to dismiss an employee who has been on sick leave for more than 2 months. So, it is possible to do this only by a written application of the employee or by agreement of the parties. Also, this procedure will be absolutely legal if the company completes its activities.
Liquidation
The subordinate himself can quit at any time, even during his disability. The head has the right to terminate the official relationship with the employee, but only in those cases that are expressly provided for by law. Therefore, the majority of specialists on staff think about whether it is possible to dismiss an employee who is on sick leave during liquidation. Yes it is possible. Because art. 81 of the Labor Code explicitly states that the boss has the right to terminate official relationships with the employee upon liquidation of the organization or completion of the entrepreneur. Therefore, there will be no violations on the part of management.
In the event that a subordinate was dismissed before the termination of the organization and within thirty days thereafter suffered a disease, he is entitled to receive payment of a disability certificate, which is made through a social insurance fund.
By agreement
During a citizen’s incapacity for work, a contract with him may be terminated only at the request of the two parties or at the initiative of the citizen himself.
Nevertheless, in practice, various disputes arise very often. 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 consent may come from both the employee who is on the sick-list and from his manager.
If this document was drawn up before the employee became disabled, then he should be dismissed on the day specified in the agreement, with the payment of all the money.
More than six months
In practice, there are often situations when employees are on a sick leave for a long time due to the fact that due to their state of health they cannot begin to perform official duties. Moreover, the head does not have the right to terminate labor relations 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 has been on sick leave for more than 6 months. So, Art. 81 of the Labor Code states that termination of employment with an employee who is temporarily incapacitated is prohibited. And this does not depend on how many months he will be on the sick leave. This is a good reason for failure to perform official duties, which is supported by an official document. Therefore, if the employer dismisses the employee just because he has been on sick leave for more than 6 months, this will be an occasion for the citizen to appeal to the judicial authority.