Is it possible to dismiss an employee on sick leave? Legal advice

Is it Possible to dismiss an employee on sick leave? This question interests many leaders. In this case, the dismissal is possible only in the situation when a citizen has decided to terminate the employment relationship at their own initiative or by mutual agreement with the employer. In another situation, termination is not allowed, of course, if the company is not liquidated.

Not allowed

As stated in article 81 of the labour Code, the termination of the employment relationship with the employee who is on sick leave, is strictly prohibited. Otherwise it would be a violation of the law and the reason for the appeal to the court.

Also, you cannot dismiss a person if he is on vacation. There is also an exception to the rule, so how can you terminate a service relationship with the employee even when he is on sick leave or on retirement, but only if the organization is liquidated or entrepreneur shall cease its activity.

At the initiative of the employee

Is it Possible to dismiss an employee on sick leave? This question interests many leaders of organizations. Because it often happens that the employee had written the resignation letter on his own initiative, and then went to the hospital. In this case, it is possible to dismiss the citizen on the specified date in the document. Because the initiative does not come from the head but from the employee himself. That is why the head has the right to carry out this procedure.

At the same time, employers are concerned about the issue of whether to dismiss an employee on sick leave, and in this case, to pay him the due money on the last day of performance of labor duties, if he is at home?

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In this case you just need to prepare the order about the conclusion of the service relationship and to make the final payment on your card or Bank account. Workbook in this case it is possible to send a dismissed worker by mail with return receipt requested. In the actions of the head there will be no violations of the law. Especially if the citizen has not withdrawn his statement.

Sick Pay

In practice, there are also situations where a dismissed employee became temporarily disabled after the employment relationship with the organization. In this case, he can provide his sick leave payment during the six months to the former head. But only if it is not employed at the time of the disease to a new location.

So when heads of the enterprises ask the question of whether to dismiss an employee on sick leave, they should not forget that this is valid only when the citizen wants to discontinue a service relationship with the head or both sides come to this decision by mutual agreement. In addition, the sheet of disability provided by the person after this procedure, shall be paid by the company, but only in the amount of 60 %.

If the contract term

In practice, there are cases when the agreement with the employee it is possible to conclude not only unidentified, but also for a certain period of time. While the head is guided only by article 59 of the labour Code. Also, during the term of this agreement, HR professionals are often interested in the question of whether to dismiss an employee on sick leave on fixed-term contracts. It is possible to do this only if the period has expired its validity. In another situation, such a dismissal would be illegal. Because the citizen, temporarily engaged in my official work, is the same employee as the person who interacts with the organization on an ongoing basis.

Long-lasting incapacity for work

In practice, often there are such situations when the employers want to dismiss their employees just because the latter were not as strong health, as was in the beginning of their professional activities. In this case, long Metropolitanate employee will not be grounds for termination of the service relationship with him, but only when it is backed up by the official sick list. If such a document is absent, the head has the right to fire an employee for absenteeism under article 81 of the labour Code. In addition, the sheet of disability is to be paid at the percentage ratio, the amount of payments depends on the length of service of the employee.

Many leaders of organizations interested in the question of whether to dismiss an employee on sick leave for more than 4 months. This is only possible if the citizen wishes to terminate the service relationship with the organization, or by agreement of the two parties. As stated in article 81 of the labour Code, termination of official relations with a person banned, if he is on sick leave, supported by official document. The exception in this case is dismissal at the initiative of the employer at the moment of liquidation or termination of activities of individual entrepreneur.

Violations of the employer

In practice, it happens that the head during long Metropolitanate citizen receives the decision on termination of his service relationship, which is considered illegal. Because the dismissal of the subordinate on the initiative of the chief during his hospital is not allowed, of course, if the employee is not told about it. In addition, the period of incapacity for citizen retains his place and position, as well as average earnings. However, the leader asked the lawyers the question of whether to dismiss an employee on sick leave more than 2 months. So, it is possible to implement only at the written request of the employee or by agreement of the parties. Also, this procedure is absolutely legal, if a company completes its activities.

Elimination

He employee can quit at any time, even during the period of his disability. The head has the right to terminate the service relationship with the employee, but only in those cases expressly provided for by law. Therefore, the majority of HR professionals are thinking about whether to dismiss an employee on sick leave, in liquidation. Yes, this is possible. Because article 81 of the labour Code expressly States that the chief has the right to terminate the service relationship with the employee when an organization or completion of the activity of the entrepreneur. Therefore, there will not be any violations of the guidelines.

In that case, if an employee was dismissed before the termination of the activities of the organization and within thirty days after suffered the disease, he is entitled to receive payment of the disability sheet, which is produced through the social insurance Fund.

Agreement

During the incapacity of the citizen, the contract may be terminated only with him on the mutual desire of the two parties or by initiative of the citizen.

However, in practice, very often there are various disputes. This enables the Manager to think about whether to dismiss an employee on sick leave, by agreement of the parties. Yes, it is legally allowed. In addition, the initiative for termination of the employment contract by mutual consent can come from both sotrudnika, who is on sick leave, and on his head.

If the document was made before the time that the employee became unable to work, he should be fired on the day specified in the agreement, the payment of all required funds.

More than half

In practice often there are situations when employees of a long time are on sick leave due to the fact that their health are unable to proceed to the discharge of their duties. The head has no right to terminate the employment relationship with the citizen only on this basis. It will be a gross violation of the law. However, many staffing professionals interested in the question of whether to dismiss an employee on sick leave for more than 6 months. So, article 81 of the labour Code stipulates that termination of the service relationship with an employee who is temporarily disabled is prohibited. And this is regardless of how many months he will be on sick leave. That's a good reason for non-fulfillment of official duties, which is supported by an official document. Therefore, if an employer fire an employee just because he is...