In accordance with the Labor Code of the Russian Federation, an employee who is on sick leave cannot be fired just like that. But what should an employer do if he doubts that an employee is doing his job? And is there an opportunity for dismissal if he worked under an employment contract that has expired?
Instructions
Step 1
You have the right to dismiss an employee if he submitted a letter of resignation of his own free will before going on sick leave, or if he sent you by letter with notification this statement or confirmation of dismissal. If such an application (or subsequent confirmation) has not been received, then you will be able to dismiss him only if you submit an application or written confirmation previously submitted. Please note: the dismissal of an employee who is currently on sick leave may subsequently lead to penalties and court.
Step 2
If it was announced about the liquidation or self-dissolution of your organization, you can dismiss the employee without consequences only if he was warned about it 2 months in advance.
Step 3
If an employee who is currently on sick leave sent you a letter of resignation (or confirmation of his intention to quit) by letter with a notification, the date from which the period for waiting for the refusal of the application or confirmation (14 days) will start will be the date of receipt you letters, about which you will have to make an appropriate entry in the journal of incoming correspondence.
Step 4
You have the right to dismiss an employee even if the term of the employment contract with him has expired. However, you will have to pay the sick leave in full (that is, for the entire period indicated on the sheet of temporary incapacity for work). But if you plan to fire an employee who is pregnant, you cannot do this, even if the employment contract ends. This requires her written consent.
Step 5
If an employee, while on sick leave, was declared incapable of work and received a disability, you can fire him only after you pay the ballot.
Step 6
If the employee worked part-time in another institution, then you will pay the certificate of temporary incapacity for work to him only if your organization was his main place of work.
