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Is it possible to fire an employee on sick leave?
The way in which the relationship between the employer and employees should be built is described in the Labor Code. Article 81 of the Labor Code contains grounds for dismissal, and frequent illnesses are not mentioned there. That is, management cannot indicate frequent illnesses as a reason to dismiss an employee.
The law clearly states that it is impossible to fire an employee while he is on vacation or sick leave. The only exceptions may be cases of liquidation of a business (enterprise or firm of an individual entrepreneur).
If a person is often sick, you can offer him a position that involves less work. However, this most often means a transition to a lower salary, which not everyone will agree to. And according to the law, you can transfer or fire an employee only if he himself does not mind. So the reasons for dismissal can be different, but not frequent sick leaves.
Article 77 of the Labor Code of the Russian Federation lists the permissible forms of termination of an employment contract. These are:
at the initiative of the employee;
at the initiative of the employer;
by mutual agreement of the parties;
upon expiration of the contract;
due to liquidation of the enterprise;
if violations are detected when issuing a sick leave certificate.
Most often, the first three reasons are used. It makes sense for the employer to first discuss with the employee the possibility of his voluntary departure - then there will be no conflicts and confrontations and no one will have to be fired.
Payments to an employee upon dismissal
Regardless of the reason for dismissal, the employer is obliged to issue:
Salary to the dismissed employee for all days he worked and for the day when the dismissal occurred.
Compensation for vacation (if it remains unused).
The law provides for certain cases when severance pay is also due. Its amount is equal, for example, to two weeks' average salary if the dismissal occurs for one of the following reasons:
conscription into the army (or alternative civilian service);
due to health reasons.
If the dismissal occurs by agreement of the parties, then severance pay can only be discussed if the parties have a written agreement to this effect.
If there is a reduction in staff, then each of them is entitled to receive severance pay on the day of dismissal. It is not accrued only to those employees who were hired for a short period (up to two months).