Dismissal on a sick-list according to one's own will - article of the Labor Code of the Russian Federation. Sample application for dismissal at will

In Russia, issues related to employment, people are very concerned about. The same goes for everything that has to do with 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 be dismissed on a sick leave basis? Is it possible at all to terminate the employment contract in this manner? What should every employee and employer know? Understand all these issues is not so difficult, if you turn to the TC RF. It is here that there are answers that will help clarify the situation.

Is there a right

The thing is that some people consider the termination of the employment relationship during the hospital as an illegal act. Are these people right?

It all depends on the circumstances. An employer can not fire a person while in a hospital. It is illegal. But if we talk about the termination of relations of the labor type at the request of the employee, then there will be no violations. Why?

All because of the fact that there is a dismissal on the hospital at his own request. TC RF, or more specifically, Article 80, indicates that at any time a citizen is able to terminate the employment contract with his employer. Even in the holiday period. This right can not be taken away.

In advance

Some rules have to remember for both employees and employers. The thing is that dismissal on personal initiative requires certain time costs. By law, every person who wants to stop cooperation with a particular boss, warns in advance about their intentions. It is about writing a statement of the established pattern.

In advance, this is at least 14 days before the proposed day of termination of the employment relationship. Accordingly, simply and in the shortest possible time, citizens can not leave work. Dismissal on a hospital according to one's own will in Russia is common. But why?

Working off

All due to the fact that a person will work out 2 weeks after notifying the authorities of his intentions to terminate cooperation. Peculiar workings are laid by law. And this will have to be taken into account if you want to stop working for this or that firm on your own.

But dismissal on a sick-list is voluntary, without working out - this is a common phenomenon. Why? Because according to the law a person should warn the boss about the termination of labor relations for 14 days. Further, either he fulfills, or goes on leave / on sick leave. Causing a citizen to work off no one has the right.

It turns out that the process being studied is a kind of cunning, which is quite common in Russia. It allows you not to work after the employer is notified of the impending loss of an employee. But what should every citizen know in addition to all the previously listed moments?

Payments on sick leave

For example, many are interested in whether some payments are made to an employee who has ceased to work with the employer after he went to a sick leave. This is a very difficult question.

On the one hand, a citizen can, as already said, make a dismissal on a sick-leave at his own request to avoid working off. In fact, this is a kind of deception. And there is no need to pay a sick leave.

On the other hand, sometimes there are coincidences. A citizen can really get sick. And at the same time to decide on the dismissal. Then non-payment will be considered a gross violation. For the employer, it is fraught with great debt.

So how to be? Article 183 of the Labor Code stipulates that, when dismissed, sick leave sheets must be covered without fail. That is, pay. This means that the dismissal of the employee on his own will still obliges the employer to calculate the "sick-list". Exception - if the citizen took leave at his own expense. Then, during the absence until the moment of real cancellation of the relationship, you will not have to pay.

Term of applications with sick leave

But if we talk about the rights of the employer, then they are also protected by the RF TC. Some restrictions on the calculation are still available. In any case, in respect of the sick.

The employee plans to leave on his own wish "on the sick leave"? Calculation for the time spent as a patient, you can get only when a person applies for him within a month from the date of real termination of employment. And only if the new place of work has not yet been found.

In other words, under certain circumstances, the time that was spent on the sick-list does not need to be paid. Unfortunately employers, such situations in practice are extremely rare.

Basic calculation

According to the established rules, the dismissal of an employee (on a sick-list basis) is paid at will. To be more exact, the employer must necessarily make a calculation for the time worked. Without taking into account the sick leave sheet.

If we talk about the ordinary dissolution of labor relations, then the money is paid on the day in which the citizen receives a work book in his hands. 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 on the following day. And not later than the deadlines indicated. Otherwise, the employer has a debt to the former subordinate. It increases daily. Every boss should know about this.

During the tests

Special attention is paid to the termination of cooperation during the probation period. This is a very controversial issue, which gives both employees and employers a lot of trouble.

Dismissal on the sick leave at his own request on probation is almost never met. But if it takes place, then the employer will have to notify 3 days prior to writing the application of the established sample.

And what about calculations? Are there any payments to the employee in this situation? Yes. The employer is legally required to make all calculations, as with the ordinary termination of employment. Namely:

• Pay for unused vacation ;
• "Cover" the sick leave;
• To give money for time worked.

Accordingly, full calculation is assumed. Otherwise, as in the previous case, arrears arise. And how does the dismissal of their own free will be on a sick leave basis? Everything is not as difficult as it seems.

The order of dismissal

Now a little about how briefly it is possible to describe the process under study taking into account all the features listed above. By law, each employee is personally entitled to be dismissed at any time. It is enough to warn the employer in advance. It does not matter whether it happens on the sick-list or not.

The procedure for the termination of the employment relationship is as follows:

1. A citizen writes a statement about going to a sick-list. Together with him (or already after) a statement of dismissal is drawn up . There necessarily prescribes "at will".
2. The employer is studying the submitted documents. From this moment the countdown of 2 weeks begins.
3. After 14 days from the notification of dismissal, the chief makes an order to terminate the employment relationship. It is presented for familiarization to the dismissed person. An appropriate entry is made in a special accounting journal. If the employee personally can not come to the employer, you need to send a copy of the order by registered mail.
4. A record of dismissal is made in the work record book. It is necessary to specify article 80 of the LC RF. This means that the employee himself decided to terminate the relationship.
5. As soon as the order comes into legal force, the employee receives a work book and a pay sheet. An act is drawn up about this.
6. The dismissed person turns to the accounting department for settlement. After that, you can sign in the logs for receiving money in full, as well as for issuing a subordinate work record.
7. If the employee refuses to put signatures, a special act is drawn up, in which all actions are recorded. If you can not make a personal visit to receive a "labor", you will have to send a notice about the need to work with a subordinate registered letter. Then you can receive money and a work book by a trustee.

That's all. Dismissal on the hospital at his own request came to an end. There is nothing difficult with proper preparation. Problems neither the employer, nor the subordinate will not.

Sample

And how will the sample application for resignation look like? In fact, everything is very simple. It's enough just to follow the standard requirements for writing any application.

Many people are interested in what the main part of the document will look like. For example, like this:

I, Ivanov Ivan Ivanovich, (passport data), mechanical engineer of the company SpetsStroy LLC, I ask you to dismiss me under Article 80 of the LC RF at own will from February 20, 2016.

It would be enough. This is how the sample of the application for resignation looks like. Nothing difficult or special from a citizen is required. It is not necessary to describe the reasons for the termination of the employment relationship.

Results

What conclusions can we draw from all of the above? Dismissal of an employee on a hospital by his own will - the process is not so difficult, if you approach the solution of the task with the mind. In general, it is no different from the usual termination of the relationship between the employer and the subordinate.

The calculation is carried out to the fullest. And for the time worked, for unused vacation, and for sick leave. Failure to comply with these obligations will lead to negative consequences.