We dismiss during the sick leave at our own request. Sick leave upon dismissal of one's own free will

The law allows dismissal on sick leave only on own will. Dismissal on sick leave at the initiative of the employer is prohibited by law.

The organization does not have the right to dismiss an employee when he is on official sick leave. Only at his own request. This is stated in Art. 81 of the Labor Code of the Russian Federation.
However, there are exceptions to this strict rule - the liquidation of an enterprise that is an employer or the termination of the activities of an individual entrepreneur.

The main common mistake of the employer is that he does not know what to do in the following situation. For example, an employee writes a letter of resignation on his own initiative and undertakes to work out the prescribed 2 weeks. But suddenly he gets sick! Two weeks expire during sick leave. Can the employer dismiss such an employee, or should he wait for his recovery.

In this case, the initiative comes from the employee, so voluntary dismissal during sick leave is possible. A similar situation can be attributed to dismissal by agreement of the parties. If the employer initiated the dismissal, and the employee fell ill on the last working day, then the employer must wait for his recovery, and only then dismiss him.

When dismissed on sick leave of one's own free will, extension of working off is not allowed. The law clearly states that the period of illness does not interrupt the 2-week period of work. It is also said that the employee must notify the employer of dismissal in 2 weeks. At the same time, he can get sick or rest.
Therefore, the requirement of the employer to work out sick days before dismissal is contrary to the law.

If the employee did not leave the sick leave on the day of dismissal, then the employer is obliged to dismiss him on the very day indicated in the application at his own request. The employer does not have the right to change the date of dismissal at his own request in the employee's application. For this you need written agreement worker. Therefore, the dismissal occurs on the specified date. There is nothing illegal in this.
At the same time, the sick leave, which the employee who has already quit will eventually receive, will be obliged to pay the employer.
This is stated in Law No. 255. Closed sick leave such an employee must submit to the employer within six months after its closing. Within 10 days after receiving the certificate of incapacity for work. The employer is obliged to assign temporary disability benefits to such an employee. The allowance must be paid on the next day wages.

The employer is also required to pay sick leave if an employee is injured or ill within 30 days of being fired. This is done only if the employee is not employed.
If an employee leaves the sick leave before the date of dismissal, then he must finalize and quit on a general basis. This is stated in the Letter of Rostrud No. 1551-6.

If the sick leave was opened for a working employee, then it is paid on a general basis:

• depending on insurance experience
• average wage

An application for dismissal at the own request of an employee who is on sick leave is drawn up in accordance with the norms of the Labor Code of the Russian Federation. It must specify:

• Full name and position of the person authorized by the employer;
• the name of the employer with an indication of the organizational - legal form;
• Name and position of the dismissing employee.

In the application itself, you only need to indicate the date of dismissal. There is no need to focus on sick leave.

Voluntary dismissal during sick leave is a procedure provided for by current legislation. We will tell you how to dismiss an employee on sick leave at the initiative of the employer or the employee himself, what are the procedure, procedure and deadline for settlements.

Can an employee be fired while on sick leave?

Dismissal on sick leave at will is possible:

• at the initiative of the retiree.

At the initiative of the employer

The employer has the right to dismiss on sick leave only in exceptional cases, since the dismissal of an employee who is on sick leave is not allowed. The exceptions are when the organization .

At the initiative of the worker

Dismissal during the sick leave period of one's own free will takes place if available. At the same time, the person shall notify in writing of his or her intention to resign at least two weeks in advance.

The resigning person has the right to inform the employer about leaving both during the period of work and during the period of absence. In this case, the employer dismisses the person at the end of the two-week notice period.

The Labor Code of the Russian Federation does not prevent the filing of an application in any way, including. Thus, the statement can be sent, for example, by registered mail.

Employee on the fact of closing the sick leave. The countdown will begin from the day following the day the employer receives the application of the subordinate. It must be borne in mind that if a person wrote a statement due to the inability to continue working (pension, admission to an educational institution), the employer is obliged to part with the employee on the day specified in the latter's statement.

How to arrange

Termination employment contract carried out according to the algorithm provided for by the Labor Code of the Russian Federation (Articles 80, 84.1.):

1. The employee sends the application to the employer in person or by mail.
2. Tenant with date. It must be borne in mind that a person has the right to withdraw his application. In this case, there is no dismissal. An exception is a written invitation to the place of another person being dismissed, who cannot be refused employment due to the norms provided for by labor legislation.
3. The employer introduces the employee to the administrative document in writing. In the absence of the person leaving on that day, the employer in the administrative document fixes the impossibility to acquaint the employee in writing due to the absence of the latter.
4. On the last day of work, the employer finally calculates it. If the employee is not present, the employer sends him a notice of appearance for work book or offers to agree to send it by mail. If there is no consent to send a work book by mail, the employer is obliged to keep the document with him and, after a written request, issue it.

Dismissal by agreement of the parties during sick leave is carried out as follows:

1. Decision making by either party to the contract.
2. Making an agreement. The form of the document is not established. The agreement is drawn up in two copies, which are signed by both parties. One copy is kept by the employer, the second by the employee.
3. Issuance of an order to terminate employment duties on the above grounds.
4. Issuance of a work book on the last day of work and settlement with the employee.

Deadlines and calculation procedure

Employer on the last day of work. Absence on sick leave will need to be paid on a general basis.

If the employee is not on site on the last day of work, payments are made no later than the day following the day when the employee expressed the requirement for calculation (Article 140 of the Labor Code of the Russian Federation). The employer pays him an allowance for the entire period of illness until the day of restoration of working capacity.

The Labor Code (LC) of the Russian Federation is a set of laws designed to protect the rights of working citizens. Dismissal is one of the inevitable aspects labor activity. The Labor Code of the Russian Federation clearly regulates the situations in which the employer is allowed to dismiss his employees. Consider important point: Can I quit my job while on sick leave? own initiative and whether the employer can do it.

In addition to the interests of the employee himself, who wants to keep his working position and not be attracted to disciplinary responsibility, sick leave also affects financial indicators organizations. We find out.

Legal options for dismissal on sick leave

Labor legislation unequivocally interprets that the dismissal of an employee who is on sick leave at the initiative of the employer is illegal (Article 81 of the Labor Code of the Russian Federation). When an employee applies to the courts for wrongful dismissal, the court, as a rule, takes the side of the applicant.

In this case, the employer will be obliged to reinstate the employee at his previous place of work and pay him wages for the time of forced absenteeism.

There are several situations that allow for the dismissal of a sick employee on legal grounds.
This is only possible in the following cases:

• complete liquidation of the organization;
• dismissal of an employee on sick leave at his own request;
• dismissal by agreement of the parties;
• expiration of a fixed-term employment contract.

Voluntary dismissal is initiated by the employee himself, therefore, even while he is on sick leave, dismissal occurs on a general basis.

It is worth noting the fact that the employer does not have the right to refuse to dismiss the employee at his own request. The Constitution of the Russian Federation guarantees every citizen the right to freedom of choice of the type of labor activity (Article 37). Article 80 of the Labor Code of the Russian Federation regulates the procedure for terminating an employment contract: the employee must notify the employer of his desire to quit 2 weeks before the expected term of dismissal.

The nuances of the procedure for dismissal during sick leave

Despite the fact that the listed options for dismissal on sick leave are legal, there are some nuances that must be observed.

Additional Information

Special attention should be paid to dismissal during the probationary period. After all, it can cause a lot of problems. In practice, termination labor relations during the period of sick leave at their own request for probationary period happens very rarely. In this case, it is necessary to notify the organization three days before the proposed dismissal and then by writing a statement of the established form.

• If the termination of the employment contract is initiated by the employer during the work capacity of the employee, then if the employee falls ill before the scheduled date of dismissal, including on the last day of work, the dismissal procedure is suspended and resumed only when the citizen recovers and returns to the workplace.
• If an employee leaves of his own free will and falls ill during a 2-week working off, then the working off in this case is not extended or transferred. This rule is also valid if the employee, while on sick leave, applies for dismissal. Thus, in fact, working off does not occur or occurs only partially if the employee manages to recover before the end of her term.
  In addition, you can quit without working out in the following cases:
  • when moving for permanent residence in another locality,
  • when transferring a spouse to work in another area,
  • during pregnancy,
  • inability to live in this region for medical reasons,
  • if you need to take care of a child or other family member,
  • upon retirement, etc.
• If an employee, having written a letter of resignation of his own free will, does not go to work on the day of dismissal due to illness, then the dismissal is still made.
• If the employee returns to work after illness before the date of dismissal, then he must complete the remaining working days.
• The calculation of sick leave payment when it is opened before the date of dismissal and after it differs significantly. If the employee fell ill before the termination of the employment contract, then the amount of the sick leave payment depends on the length of service and the average salary of the employee for the previous 2 years. When opening a sick leave after the date of dismissal, but not more than 30 days later, the calculation of the amount of payment does not depend on the length of service. You can read more about this on our website.

The table shows the procedure for terminating an employment relationship while on sick leave

Actions	Details
1. A citizen writes an application for sick leave. Together with him (or after) a letter of resignation is drawn up.	There must be written "of their own free will."
2. The employer examines the submitted documents.	From this moment begins the countdown of 2 weeks.
3. After 14 days from the date of notification of dismissal, the boss draws up an order to terminate the employment relationship.	It is presented for familiarization to the dismissed person. The corresponding entry is made in a special accounting journal. If the employee cannot personally come to the employer, a copy of the order must be sent by registered mail.
4. 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.
5. As soon as the order comes into force, the employee receives a work book and a payslip in his hands.	An act is being drawn up about this.
6. The dismissed person applies to the accounting department for the calculation.	After that, you can sign in the accounting journals for receiving funds in full, as well as for issuing a work book to a subordinate.
7. If the employee refuses to sign, a special act is drawn up, in which all actions are recorded.	If it is not possible to make a personal visit to receive a “labor” one, you will have to send a notification about the need to make a calculation with a subordinate registered letter. Then a trusted person can receive money and a work book.

Making a letter of resignation

An application for dismissal of one's own free will, including while on sick leave, is written by the employee in any form.

The application must contain the following points:

• surname, name, patronymic and position of the resigning employee;
• the name of the organization in which the employee works;
• the wording "of their own free will";
• the date from which the citizen plans not to go to work;
• date of preparation of the document;
• personal signature worker.

It is important to know that if an employee is on sick leave, he also has the right to withdraw a letter of resignation even on the last day of the employment contract with the enterprise. And if at that time he was not accepted into the company new employee, then after leaving the hospital permanent employee, the employer must continue to work with him.

Voluntary dismissal during sick leave

The process of dismissal of one's own free will starts with the filing of an employee's application for dismissal to the employer. This must be done at least 14 calendar days before the expected date of termination of the employment contract. After the application is submitted to the employee responsible for personnel matters, a 2-week period begins, otherwise called working off. The term "working out" does not appear in the Labor Code of the Russian Federation. 2 weeks is only the period during which the employer must find a replacement for the departing employee.

After 14 days, the organization issues an order stating that the employee has been fired. This document is given for review to the leaving employee under a personal signature, or, in the case of a territorial remoteness of a citizen, is sent to him by mail with acknowledgment of receipt.

Then the personnel worker (accountant, employer) makes an entry in the employee's work book about dismissal of his own free will, indicating Article 80 of the Labor Code of the Russian Federation and hands over the work. After that, the citizen is issued a payslip indicating the payments due to him. The final stage is the receipt of the calculation in the accounting department.

We are ready to answer your questions - ask them in the comments

(in other words, at the initiative of the employee) is one of the most common grounds for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, there are certain rules that must be followed when leaving at will.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require resigning, then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient.

After the application for resignation is submitted to personnel service, is compiled dismissal order. Commonly used unified form such an order (), approved by the Resolution of the State Statistics Committee dated 05.01.2004 No. 1. In the order, it is necessary to make a reference to the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Terms of dismissal at will

By general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins on the day after the employer receives the letter of resignation.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

From general rule there are statutory exceptions to the two-week working off. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.

Calculation upon dismissal of one's own free will

Calculation upon dismissal of one's own free will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments stipulated by the collective and labor contracts. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.

If the employee was absent from work on the day of dismissal and could not receive the calculation, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal.

Voluntary dismissal during vacation

Retire voluntarily while on vacation the law does not prohibit. Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.

If an employee wants to apply for resignation while on vacation, it is not required to recall him from vacation

Also, an employee can quit at his own request after using the vacation. Note that the provision of leave from subsequent dismissal It is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the work book should be issued to the employee and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Voluntary dismissal during sick leave

Resign at will while on sick leave can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the inability to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him

Almost every second person at least once in his life quit his official job.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

The Labor Code reflects all aspects upon dismissal, but some loopholes in the restrictions still exist. Therefore, many citizens do not know exactly how to quit. Especially when it comes to sick leave.

General information

This topic is of interest not only to employees, but also to employers. So is it possible to fire an employee while he is on sick leave?

The Labor Code says that it is impossible for the employer company to dismiss such an employee. However, the employee can quit at his own request.

Termination of labor relations is only possible for enterprises.

But there are several interpretations here. For example, if an employee initially wrote a letter of resignation, and then fell ill. Or initially fell ill, and then wrote a letter of resignation. Both cases must be correctly carried out on the basis of accounting.

If he falls ill during this period, then the sick leave does not interrupt this period and it is not necessary to apply for dismissal again.

The employer has the right to terminate the contractual relationship after this period, even if the employee is still on sick leave.

The employee must also provide closed sheet disability for the calculation.

Often there are such situations that the employee does not want to just work out this period and therefore he goes on sick leave after writing a letter of resignation. In this case, sometimes employers force you to work for the required period of time after sick leave. But the Supreme Court considers this opinion unfounded.

Dismissal of one's own free will is possible after the provision of a certificate of incapacity for work and the appearance of the employee at the workplace.

Management undertakes to fill out a sick leave and issue an order for dismissal. Dismissal of this type is accompanied by the issuance of a work book. Both personal collection and mailing are possible.

The legislative framework

The issue is regulated by several articles of the Labor Code Russian Federation – 77–82.

Based on them, it is possible to resolve all contentious issues regarding the dismissal of an employee who is on sick leave.

Dismissal on sick leave

Dismissal on sick leave in 2019 is a rather controversial issue. But the Labor Code stipulates all the nuances of such a dismissal, so no questions should arise during the process.

FROM Labor Code it is worth familiarizing yourself with every person who is officially employed and who plans to be dismissed on sick leave.

Of your own accord

Dismissal during sick leave is possible at your own request. It stipulates current legislature In Russian federation.

If an employee is sick and he wants to quit, then the law does not restrict him in this right. It can be standard.

In this situation, the relationship between the employee and the employer ends from the end date of the work specified in the application. Accounting, I conduct everything according to the balance sheet and by order.

The accounting department additionally fills out a closed disability certificate and pays in deadlines all cash.

At the initiative of the employer

They can only be fired if the terms of the agreement are not met. For example, a person did not warn about sick leave, but simply did not go to his working hours.

A similar punishment follows for the fact that the certificate of incapacity for work was not provided on time.

Dismissal is also possible by agreement of the parties in this case.

By agreement of the parties

This is possible during the illness of an employee during two weeks of work. The employer undertakes to wait for the employee to return to work. After that, the accounting department conducts all the necessary postings and fully calculates it. And then he goes through the dismissal process.

If the employee has not yet recovered, then all the rules for dismissal sound like this - dismissal on the day that is recorded in the resignation letter.

At the end of a fixed-term employment contract

Resignation does not need to be submitted. Even if a person is on sick leave, the end date in this case is the date the employment contract ends.

After the end of the employment contract, the employee is given a work book and a calculation.

Upon liquidation of an organization

When the downtime period is paid. IN given time dismissal on sick leave is possible, but if it comes to the court. In this case, there is a dismissal under the article of liquidation of the company.

The work book is issued in any way along with the calculation.

pregnant

On sick leave, they cannot be fired under any article. Unless it's a disciplinary offense, liquidation or change of leadership. In these cases, dismissal is possible.

During pregnancy and 70 days after, dismissal is prohibited under the Labor Code.

Procedure

There is a certain person on sick leave.

If you comply with all the requirements, then you can bypass the law and correctly quit all the money you earn.

They also have to pay sick leave.

Applying

The application is submitted before leaving for sick leave or during its period.

An application is written in the name of the authorities, the position, structure, department, name of the applicant are also written there.

And then a request for dismissal with a reason for leaving is prescribed. Then the date of working off and the last day of going to work are put down. It is on this day that all owed funds must be paid and a work book issued.

Making an order

The order is issued on the day of the last day after working off.

If there is a sick leave, then registration is carried out either according to it, or according to the date of the application.

The order also prescribes the position of the employed, structural subdivision, the last day of work.