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

In Russia, issues related to employment,people are very concerned about citizens. The same goes for everything that has to do with dismissal. Termination of an officially concluded employment contract between an employer and an employee is something that requires special attention. In the Labor Code of the Russian Federation there are a lot of nuances concerning the question put. But what if you plan to be dismissed on a sick leave basis? Is it possible to terminate the employment contract altogether in such an order? 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 consider the termination of the employment relationship during the hospital by 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 due to the fact that there is a dismissal onhospital according to one's own will. 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 be remembered andemployees, 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's about writing a statement of the established pattern.

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

Working off

All because of the fact that a person will work 2weeks after notifying the authorities of their intentions to terminate cooperation. Peculiar workings are laid down 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 the sick-list by owndesire 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 works out, or goes on leave / on sick leave. No one has the right to call a citizen for working off.

It turns out that the process being studied is a kind ofcunning, which is found in Russia quite often. 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 has already beenit is said, to carry out the dismissal on the sick leave at their own will in order 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 sick leave sheets must be covered without fail. That is, pay. This means that dismissal at the hospital according to the employee's own will still obliges the employer to make the calculation of 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 treatment with sick leave sheet

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 ownwish "on the sick leave"? Calculation for the time spent as a patient can be obtained only when a person applies for him within a month from the moment of real termination of labor relations. 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 leave 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 normal dissolution of relationslabor type, 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 circulationfor money and "labor", or for the next day. And not later than the deadline. 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 at the hospital according to one's own willon 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 relations. Namely:

• pay for unused vacation;
• "cover" the sick leave;
• to give money for time worked.

Accordingly, a full calculation is required. Otherwise, as in the previous case, arrears arise. And how does the dismissal on their own, while on sick leave? Everything is not as difficult as it seems.

The order of dismissal

Now a little about how briefly you can describethe process under consideration taking into account all the previously listed features. 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. The citizen writes a statement about going to the 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 dismissalthe 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 the receipt of funds in full, as well as for the issuance of a subordinate work record.
7. If the employee refuses to sign,a special act is drawn up, in which all actions are recorded. If you can not make a personal visit to get a "labor", you will have to send a notice about the need to work with a subordinate registered letter. Then a trustee can receive money and a work book.

That's all. Dismissal on the hospital at his own request has come 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" Ltd., I ask 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.

Outcomes

What conclusions can be drawn from allThe foregoing? Dismissal of an employee on a hospital by his own will is not a difficult process if you approach the solution of the task positively 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.