In Russia, issues related to employment concern citizens very much. The same applies to everything related to dismissal. Termination of an officially concluded labor 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 posed. But what if you plan to dismiss on sick leave of your own free will? Is it possible to terminate the employment contract in this 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 the termination of labor relations during the hospital unlawful 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 the termination of labor-type relations at the request of the employee, then there will be no violations. Why?
All due to the fact that there is a dismissal on the sick-list at will. The Labor Code of the Russian Federation, more precisely, Article 80, indicates that at any given time a citizen is able to terminate an employment contract with his employer. Even on vacation. Nobody can take this right away.
In advance
Some rules will have to be remembered by both employees and employers. The thing is that dismissal on a personal initiative requires a certain amount of time. According to the law, every person who wants to cease cooperation with a particular boss warns in advance about their intentions. It is about writing a statement of a standard form.
In advance - this is at least 14 days before the expected day of termination of employment. Accordingly, just like that, and as soon as possible, citizens can not leave work. Dismissal on sick leave of their own accord in Russia is common. But why?
Working out
All due to the fact that a person will work out 2 weeks after notifying the authorities about his intentions to terminate cooperation. A peculiar working out is laid down by law. And this will have to be taken into account if you want to independently stop working for a particular company.
But dismissal on a sick leave of their own free will without practicing is a common phenomenon. Why? Because according to the law, a person must warn the boss about the termination of labor relations in 14 days. Then he either fulfills or goes on vacation / sick leave. Nobody has the right to call a citizen to work out.
It turns out that the process under study is a kind of trick that is quite common in Russia. It allows you to not work after the employer is notified of the impending loss of the employee. But what should every citizen know in addition to all the previously listed points?
Sick pay
For example, many are wondering if any payments are due to an employee who has stopped working with the employer after he has gone on sick leave. This is a very difficult question.
On the one hand, a citizen can, as has already been said, carry out dismissal on sick leave of his own free will in order to avoid working off. In fact, this is a kind of deception. And pay sick leave is not necessary.
On the other hand, sometimes there are coincidences. A citizen can really get sick. And at the same time decide to dismiss. Then non-payment will be considered a gross violation. For the employer, it is fraught with great debt.
So what to do? Article 183 of the Labor Code states that sick leave must be covered upon dismissal. That is, to be paid. This means that the dismissal of an employee on a sick leave of their own will still oblige the employer to calculate the "sick leave". The exception is if the citizen took leave at his own expense. Then for the time of absence until the moment of the real termination of the relationship you do not have to pay.
Duration of treatment with sick leave
But if we talk about the rights of the employer, then they are also protected by the Labor Code of the Russian Federation. Some restrictions on the calculation are still there. In any case, with regard to sick leave.
Does the employee plan dismissal of his own free will "on the sick leave"? Calculation for the time spent as a patient can only be obtained when a person applies for him within a month from the moment of the actual termination of the employment relationship. And only on condition that a new job has not yet been found.
In other words, in some circumstances, time spent on sick leave does not need to be paid. Unfortunately for employers, such situations are extremely rare in practice.
Basic calculation
According to the established rules, the dismissal of an employee (on sick leave) is paid at will. More precisely, the employer must make a calculation for the hours worked. Excluding sick leave.
If we talk about the usual termination of labor-type relations, then the money is paid on the day on which the citizen receives a work book. More precisely, at the time of real dismissal. But what about the 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 the next day. And no later than the specified dates. Otherwise, the employer has a debt to the former subordinate. It is increasing daily. Every boss should know about this.
During testing
Special attention is paid to the termination of cooperation during the trial period. This is a very controversial issue, which gives both employees and employers a lot of trouble.
Dismissal on sick leave of their own accord on a probationary period is practically not found. But if it does, then you will have to notify the employer 3 days before writing the application of the established form.
What to do with the calculations? Are there any payments to the employee in this situation? Yes. The employer, by law, must make all the calculations, as with the usual termination of employment. Namely:
- pay for unused vacation ;
- "cover" sick leave;
- give money for time worked.
Accordingly, a full calculation is required. Otherwise, as in the previous case, a debt arises. And how does the voluntary dismissal occur while on sick leave? Everything is not as difficult as it seems.
The order of dismissal
Now a little about how to briefly describe the process under study, taking into account all the previously listed features. According to the law, each employee has the right to dismiss at any time. It is enough to warn the employer in advance. It doesn’t matter on sick leave or not.
The procedure for termination of employment is as follows:
- A citizen writes a statement on going to sick leave. Together with him (or already after) a letter of resignation is drawn up . It necessarily prescribed "on their own."
- The employer is studying the submitted documents. From this moment, the countdown of 2 weeks begins.
- After 14 days from the date of notification of dismissal, the chief draws up an order to terminate the employment relationship. It is submitted for review to the dismissed. The corresponding entry is made in a special accounting journal. If the employee cannot personally come to the employer, you need to send a copy of the order by registered mail.
- A record of dismissal is made in the work book. Be sure to specify article 80 of the Labor Code of the Russian Federation. This means that the employee himself decided to terminate the relationship.
- As soon as the order comes into force, the employee receives a work book and a pay slip. An act is drawn up about this.
- Dismissed turns to the accounting department for calculation. After that, you can sign in the accounting books for the receipt of funds in full, as well as for the issuance of a subordinate labor book.
- If the employee refuses to sign, a special act is drawn up in which all actions are recorded. If it is impossible for a personal visit to receive a "labor", you will have to send a notification about the need to make the calculation with a subordinate registered letter. Then an authorized person can receive money and a work book.
That's all. Dismissal on sick leave of their own accord came to an end. There is nothing difficult with proper preparation. Neither the employer nor the subordinate will have problems.
Sample
And what will a sample application for termination of one’s will look like? In fact, everything is very simple. Simply follow the standard requirements for writing any statement.
Many are interested in how the main part of the document will look. For example, like this:
I, Ivanov Ivan Ivanovich, (passport data), mechanical engineer of the company SpetsStroy LLC, please dismiss me under Article 80 of the Labor Code of the Russian Federation at my own request from 02.20.2016.
This will be enough. This is exactly what the sample letter of resignation at one’s own will looks like. Nothing difficult or special is required from a citizen. It is not necessary to write down the reasons for termination of employment.
Summary
What conclusions can be drawn from the foregoing? Dismissing an employee on a sick leave of his own free will is not such a difficult process, if one approaches the solution of the assigned task wisely. In general, it 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 time worked, and for unused vacation, and for sick leave. Failure to fulfill these obligations will lead to negative consequences.