Work on the sick-list: is it legal?

By the way, work in the hospital is not always the job of the employer, who asks (or, in a bad way, forces) the employee to enter the workplace during temporary disability. Sometimes the employee himself comes to work without closing the hospitalto show their dedication andreadiness to make sacrifices for the sake of the firm. Well, or just so "pulled out" colleagues or customers, it's easier to go to work and do everything yourself than explain on the phone. But will such zeal be rewarded?

Being on the sick-list, the employee receives a temporary disability allowance (Article 183 of the LC RF). Therefore work on the sick-list is not paid. The employer does not have the right to simultaneously pay wages and temporary disability benefits - just one thing at a time. The situation is the same as with work on vacation - you can not simultaneously receive a salary and vacation. That is, theoretically he can pay you, but the Social Insurance Fund will not reimburse him for these funds, having canceled the payment of the sick-list.

Of course, There are ways in which work on a sick-list can be compensated, but they are not entirely legal or illegal at all. Let's say it could be a bonus (quarterly,annual, etc.). But it is natural that the award will be officially issued not for work during the hospital, but for any other merits. Or the employer pays you a sick leave, and gives money for work "in an envelope". It is clear that this is unofficial, as well as individual arrangements, when you are sick, working from home, and then get compensation for it.

Take into account, incidentally, that work on a hospital can lead to the fact that not only you will not be paid for it, you will not be paid by the hospital. The fact is that going to work during a hospital is considered one of the types of violation of the regime. The days of the hospital, in which there was a violation of the prescribed by the doctor regime, are not payable.

And for the employer, the employee's exit to workduring a hospital can be dangerous. Even if this happened by mutual consent. For example, the employer willingly paid for work in the hospital, and this fact was documented (that is, there are documents on payments). If suddenly the employee has a tooth to guide, then at dismissal he can declare, that to work during illness it forced. The employer will have big problems in this case.

Well and even if to distract from questions of laborlegislation and look at this problem from the philistine point of view - is it really good work on the sick-list? Emergency cases, when without your help can not do at all, is more an exception than a rule. Very often the employer calls to work not because the sick employee is irreplaceable, but because of the harmfulness. While you have not closed the sick leave, you have the right not to go to work, and you will not get anything for it. The law is on your side.

Also, the whole point of the hospital is to rest, recover and gain strength. Not fully recovered, we can rarely do a normal job: the concentration decreases, we make more mistakes, so we have to redo some of the work. Doubtful benefit.

Plus, if you get sick of some kind of infectious"Sore," you can infect colleagues, even if you yourself feel more or less normal. It happens that one such exit is not up to the end of the recovered employee leads to the fact that almost all of his office falls ill. As a result, many people leave for the hospital (well, if not simultaneously). The employer eventually loses more than it gets.

So that work in the hospital - this is the case when the game is not worth the candle. By law, it's impossible to work during a hospital, and even such work is not always effective and pays off in the end.