Can I fire an employee who is on sick leave? Advice of a lawyer

Can I fire an employee who is on sick leave? 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.

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 apply to the court.

In addition, it is impossible to dismiss a person if he is 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.

At the initiative of the employee

Can I fire an employee who is on sick leave? This question is of interest to many heads of organizations. Because it often happens that the employee wrote a letter of resignation 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.

At the same time, employers are concerned about whether it is possible to fire an employee who is on sick leave, 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 to end 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 Especially in the event that the citizen has not withdrawn his application.

Payment of sick leave

In practice, there are also situations when the dismissed employee became temporarily incapacitated after the completion of the employment relationship with the organization. In this case, he can provide his sickness sheet for payment within six months to the former head. But only in the event that he did not find a job at the time of illness in a new place.

Therefore, when business leaders ask themselves whether they can fire an employee who is on sick leave, they should not forget that this is only permissible when the citizen himself wishes to terminate his official relations with the chief, or both sides come to this decision on Mutual agreement. In addition, the list of incapacity for work, provided by a person after this procedure, must be paid by the enterprise, but only in the amount of 60%.

If the contract is urgent

In practice, there are cases when an agreement with an employee can be concluded not only on an unspecified, but also for a certain period of time. At the same time, the head is guided only by Article 59 of the Labor Code. Also during this agreement, human resources specialists are often interested in the question of whether it is possible to dismiss an employee who is on a sick-list under a fixed-term contract. This can be done only if the period of its validity has expired. In another situation, such dismissal will be illegal. Because a citizen who temporarily performs his official work is the same employee as a person who interacts with the organization on an ongoing basis.

Long-term incapacity for work

In practice, there are often situations when employers want to fire 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, long-term employee disenfranchisement will not be the basis for termination of service relations with him, but only if it is supported by an official hospital sheet. If such a document is not available, the head may dismiss a person for absenteeism under article 81 of the Labor Code. In addition, the list of incapacity for work is paid in percentage terms, the amount of payments depends on the length of service of the employee.

Many managers 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 the service relationship with the organization, or by agreement of the two parties. As article 81 of the Labor Code states, the termination of service relations with a person is prohibited if he is on a sick leave, which is supported by an official document. The exception in this case is the dismissal of the employer's initiative at the time of the liquidation of the enterprise or the completion of the activity by the individual entrepreneur.

Violations of the employer

In practice, it happens that the manager during a long incapacity of the citizen makes a decision to terminate his official relations with him, which is considered illegal. Because the dismissal of a subordinate on the initiative of a chief during his hospital stay is not allowed, unless, of course, the employee himself has stated this. In addition, during the period of incapacity for work, the citizen retains his place and position, as well as the average earnings. Nevertheless, the head is interested in lawyers with the question of whether it is possible to dismiss an employee who has been on sick leave for more than 2 months. So, it is possible to carry out only on the written application of the employee himself or by agreement of the parties. Also, this procedure will be absolutely legal if the enterprise completes its activities.

Elimination of

The subordinate himself can resign at any time, even in the period of his incapacity for work. The head has the right to terminate the service relationship with the employee, but only in those cases that are expressly provided for by law. Therefore, most specialists on human resources are thinking 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 chief has the right to complete the service relationship with the employee when the organization is liquidated or the entrepreneur's activities are completed. Therefore, there will be no violations by the leadership.

In the event that the subordinate was dismissed prior to the termination of the activities of the organization and within thirty days thereafter suffered the disease, he is entitled to receive payment for the disability sheet, which is made through the social insurance fund.

By agreement

During the disability of a citizen, a contract can be terminated with him only by mutual desire of the two parties or by the initiative of the citizen himself.

Nevertheless, in practice very often there are various controversial situations. This allows the head to think about whether it is possible to dismiss an employee who is on a 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 a co-worker who is on the sick leave and his supervisor.

If the document was drawn up before the employee became incapacitated, then he must be dismissed on the day specified in the agreement, with the payment of all the prescribed monetary funds.

More than half a year

In practice, there are often situations when employees are on a sick list for a long time due to the fact that they can not start their official duties due to their health condition. At the same time, the head does not have the right to terminate labor relations with a citizen only for this reason. This will be a gross violation of the law. Nevertheless, many staff experts 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 the termination of service relations with an employee who is temporarily incapacitated is prohibited. And it does not depend on how many months he will be on the sick leave sheet. This is a valid reason for non-performance of official duties, which is supported by an official document. Therefore, if an employer sacks an employee only because he is on sick leave for more than 6 months, this will be the reason for applying to a judicial authority.