Code of Administrative Offenses of the Russian Federation 04/06/2018 Personnel documents in electronic form. Experiment of the Ministry of Labor of Russia All news Poll of the day The part-time worker did not return from absenteeism, he sent a letter that he would not return, he was already working in another place. The employer formalizes dismissal for absenteeism. Your opinion, what date of dismissal should be indicated in the order? - The last day when the employee actually worked (before absenteeism) - The day the dismissal order was issued Vote and find out the results of the survey of everyone All site surveys Test of the day “Dismissals for absenteeism” Take the test All site tests Books on personnel records management From CD professionals. Printed and electronic versions. Delivery throughout the Russian Federation All books Order Accounting and registration journals. Different! Excellent quality, thick cover + PVC, clear lines, correct columns.
When must an employee bring sick leave to work?
Attention
All these grounds are related to the employer’s inability to compensate for payments, namely:
- opening proceedings to declare a legal entity bankrupt;
- blocking of company accounts, which does not allow the use of company money;
- elimination of a legal entity.
If there are such grounds, then you must additionally submit a written statement with a certificate of incapacity for work with a request to consider the application for payments without the participation of the employer.
Regardless of where the documents are sent, the deadline for submitting papers remains the same and is six months. Legal consequences A certificate of incapacity for work is an official document obliging to make payments in favor of a sick employee in the amounts established by law. And part of the compensation is taken from the state budget, and the second from the company’s reserves.
Disease warning: duty or good will?
Apply art. 81 clause 6 a). Better yet, consult a lawyer. 6) a single gross violation of labor duties by an employee: a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason more than four hours in a row during a working day (shift); (as amended by Federal Law No. 90-FZ of June 30, 2006)
note
“The benefit of timely notification of absence due to illness can be not only in maintaining respectful relationships with the manager and colleagues,” explains Alexander Zubrin, deputy head of the personnel department of one of the warehouse complexes near Moscow. – For example, if a person gets sick during his vacation, then, having notified the employer about this in a timely manner, he can then extend it for the duration of his illness (paragraph 2, part 1, article 124 of the Labor Code of the Russian Federation) (in other words, the vacation period will automatically be extended by the number calendar days of the employee’s incapacity for work).”
The same can be said about fixing the rule in the employment contract. Since notifying superiors about illness is not a job function, it will be almost impossible to hold an employee accountable for failure to fulfill such a duty. But even if this can be done “within the company,” then when the employee goes to court, the servants of Themis will most likely point out that such a requirement is unlawful, and therefore cannot be punished for failure to comply.
What to do with an employee who has not provided sick leave?
Having received a completed and closed sick leave certificate from a medical institution, the employee must bring it to the employer. As stated in paragraph 1 of Art. 12 of Law No. 255-FZ of December 29, 1996, the deadline for submitting sick leave to the employer is set within six months from the moment the sick leave is closed.
That is, the employee must submit sick leave to the employer’s accounting department within 6 months from the date of restoration of working capacity. The employer does not have the right to refuse to accept and pay sick leave to an employee if he has submitted it within the legal deadline for providing sick leave. Moreover, the employer does not have the right to apply any penalties or dismiss an employee for absenteeism. Within 10 days after receiving sick leave, the employer must provide the employee with temporary disability benefits. This benefit is paid on the next payday.
Medical certificate instead of sick leave
The employer is obliged to pay sick leave for its employees. He does not have the right to dismiss an employee who does not show up for work due to illness, if it is confirmed by the appropriate document. This document is a sick leave certificate. But what to do if the employee presents a certificate instead of a sheet?
When does a doctor issue a certificate instead of a sick leave certificate?
As a rule, sick leave is issued in case of illness. The certificate is provided in exceptional cases. Consider these cases:
- The employee went to an out-of-town clinic. For example, a person fell ill while on a business trip. He plans to return to his city and open a sick leave there. In this case, the doctor issues a certificate, which confirms the visit to the hospital.
- The employee discovered the illness while in another state. In this situation, you need to draw up documents confirming the fact of the disease, and then take care of translating them into Russian. The papers are provided to the doctor at the clinic in his own country.
- The person was injured, but the injury was not considered significant enough to warrant sick leave. If an employee still wishes to receive sick leave, he is given a certificate and with it he is sent to the surgeon. The certificate confirms a valid reason for absence from the company.
- The person contacted a medical service that does not issue sick leave. For example, this is an ambulance.
The certificate to confirm the fact of contacting a medical institution indicates the date of the visit to the doctor. It also states the diagnosis.
What should an employer do?
Disability benefits, according to the law, are paid exclusively on the basis of sick leave. A period of absence from work confirmed solely by a certificate will not be paid. Let's consider the employer's actions when providing him with a certificate:
- If a certificate from an institution located in another city is presented, you need to ask the employee to contact a local therapist so that he can provide sick leave based on the document.
- If a certificate from an institution located abroad is presented, the worker must be asked to issue a sick leave certificate in accordance with the laws of the Russian Federation.
- If the employee has provided a certificate indicating that they visited a medical facility and underwent an examination, they must be entered on the work time sheet. This mark indicates the temporary disability of the worker. Missed days will not be paid.
What do all these actions give? The first two options allow you to legally issue a sick leave certificate, according to which disability benefits will be calculated.
FOR YOUR INFORMATION! There is another option - designing the sheet “retrospectively”. However, this is not legal. However, sometimes this is possible if there is an appropriate decision from the medical commission. This decision is made at a scheduled or unscheduled commission. This rule is established by paragraph 14 of the order of the Ministry of Health and Social Development.
Is it possible to fire an employee who provided a certificate?
So, based on the information given above, we can conclude that sick leave is not issued on the basis of a certificate. However, can an employer fire an employee who has presented a certificate justifying his absence from work? This is a rather controversial issue. To answer this, let’s look at judicial practice. According to Article 81 of the Labor Code of the Russian Federation, an employer has the right to fire a person for absenteeism.
Truancy is the absence of a person without good reason. Although the certificate does not give the right to sick leave, it confirms a valid reason for absence. That is, the employer cannot fire an employee. The court shows a similar position. In 2015, the Perm Regional Court ruled that the employer fired the worker for absenteeism without authority. The court decided to reinstate the employee.
IMPORTANT! These nuances only apply to missing one working day. If a worker, for example, was absent from work for a week, but the certificate is dated only on the day of the beginning of the week, the employer may well fire him. Dismissal is carried out on the basis that the remaining 6 days of absence are not due to correct reasons.
FOR YOUR INFORMATION! In practice, there are also opposite precedents. The thing is that the Labor Code of the Russian Federation does not contain a list of valid reasons for missing work. Therefore, a pass based on a certificate may be considered absenteeism.
How to reflect the absence of an employee based on a certificate?
An employee may not notify the employer that he will be absent due to a visit to a medical facility.
In this case, while the reason for absence is unknown, the letter code “NN” and the numeric “30” must be entered in the working time sheet. When the employee provides a certificate, the document must be corrected. The code “T” and “20” are entered.
This mark indicates temporary disability without making payments. These rules for maintaining timesheets are regulated by form T-12.
What should an employee who has been fired do?
What should the person who presented the certificate do if he was fired? It makes sense to go to court. There is a 70% chance of a positive outcome. When initiating a labor dispute, the employee does not pay a fee. The employee needs to send a statement of claim to the court.
It sets out the circumstances of the case. It makes sense to make a reference to Article 81 of the Labor Code of the Russian Federation, which specifies the concept of absenteeism. In particular, absenteeism means the absence of a valid reason for absence. It should be stated that the certificate is confirmation of the presence of a valid reason.
If the employee does not provide sick leave
According to this list, valid reasons are:
- Force majeure, that is, extraordinary, unpreventable circumstances (earthquake, hurricane, flood, fire, etc.).
- Long-term temporary disability of the insured person due to illness or injury lasting more than six months.
- Moving to a place of residence in another locality, change of location.
- Forced absenteeism due to illegal dismissal or suspension from work.
- Damage to health or death of a close relative.
- Other reasons recognized as valid in court when insured persons apply to court.
How to prove that the six-month period was missed for a good reason? To prove the existence of a valid reason, the employee must collect supporting documents.
Is an employee obliged to notify about sick leave?
There is no such obligation. Imagine that you are so sick that you cannot speak
