Can they be dismissed for frequent hospital
Can they be dismissed for frequent hospital
Sometimes the long absence of an employee hindersthe entire workflow. This fact first of all leads to indignation of the head of the enterprise, who would like to get rid of such an employee as soon as possible. But sometimes it's pretty problematic.
Frequent hospital - not grounds for dismissal
According to the letter of the law, the employer's initiative is notIt is permissible with respect to the dismissal of an employee, often absent due to his state of health. A prolonged illness or frequent stay on sick leave is not sufficient grounds for dismissal. In addition, there is no clause in the Labor Code of the Russian Federation that would provide for the dismissal of an employee due to a prolonged illness or frequent hospital sheets. Therefore, if a person is still dismissed because of frequent and long-term sickness, this fact is a direct violation of the law. In this case, the dismissed employee needs to consult the Labor Inspectorate in this regard and obtain a reinstatement at work through the court. Here, any court will be on the side of the dismissed employee. In addition, having recovered to work, you can write on the next day after your restoration of the application for dismissal, while receiving the due penalty for the simple fault of the employer. The period of incapacity for work for health reasons or as a result of injury is unlimited. The period of incapacity for work in connection with caring for a sick relative is also not limited in some cases.Exceptions
Only in exceptional cases does the diseaseemployee gives the right to the employer to terminate the employment contract. This dismissal is based on the relevant medical report. Article 8 of the Labor Code of the Russian Federation, paragraph 8, details the dismissal process. This article of the labor law states: the dismissal procedure is legal if there is a medical certificate confirming that an employee who is in need of temporary medical service for a period of 4 months and more or permanent transfer, refuses this transfer or the employer does not have the necessary vacancy. In reality, the Labor Code is observed only at state enterprises, and then until a certain time. For the payment of a sick leave sheet comes from the state treasury or all compensates for state insurance. In a commercial organization, management does not like frequent hospital employees, since the entrepreneur pays the sick leave from his own pocket. And often all the "conditions" are created, under which the employee has to write a statement of care. Therefore, if there is a reason to often take a sick leave sheet, it is better to immediately discuss this fact with management. Surely there will be some compromise, because the leaders are also people, and if the employee is a first-class specialist in his business, he does not want to lose under any circumstances.
