CONSULTANCY: How does sickness work for employees who have twelve

Lawyer Markta Neetilov from bpv Braun Partners explains how it is with sick leave when you work in a mode other than eight hours a day.

I work in a shop. We drink 12 hours per shift and half an hour to attend. At the end of the month I fell ill and stayed at home. How mm to proceed to get the final compensation?The illness, ie the temporary incapacity for work of the employee, is called the end of work as a job at the side of the employee. Sick employees often succumb to the idea that even in the event of illness, they have an immediate claim to the court. It’s not that simple.

In principle, two regulations apply to a sick employee. First the work ends and after a certain period of illness it ends the sickness insurance. Based on both regulations, employees are gradually paid funds, which, however, have their specific regime. According to the end of work, the payment of wages is paid and according to the law on sickness insurance, sickness.

So when does it pay wages?

A basic condition for both regulations is that the employee is recognized as temporarily incapable of work. So it’s not just that the employee is getting sick. Temporary incapacity for work must be decided by the self-employed person, who before the work of the incapacitated employee decided on the prescribed form, the so-called incapacity.

The incapacity to be taken over by the employee consists of t dl: the incapacitated insured person’s work order (II. Long stripe), the employee’s mucus about the incapacity for work (III. Long stripe) and enough about sickness (IV. Dl- lanes) line). The employee must then immediately inform the employer about the occurrence of the job.

During the first and thirteenth day of permanent temporary incapacity for work, the end of work is applied, on its basis the employee first pays the wage paid by the employer, in the amount of 60% of his average debt.

And from the first day of illness?If the employee swears that he will be reimbursed from the moment he becomes temporarily incapable of work, he will be unpleasantly surprised. This payment is due to him and after the expiration of the waiting period, ie after the first three days of temporary incapacity for work (ie unworked working days), or, even if, after the first 24 hours not worked from the spread shifts. discuss canceled karenn time, which, of course, is against the resistance of the employer.

So you will be entitled to a salary payment from twelve pt hours. For example, if an employee has scheduled working hours on Monday, Tuesday and Wednesday after 12 hours and from Monday he is recognized as temporarily incapable of work, he will not be able to pay his salary from Wednesday.

How big will the salary be paid?The payment of the salary of a temporarily incapacitated employee is determined from the average length, when the method of his payment is thus precisely determined by the end of work. Find out as the average hour-long due for the previous calendar quarter and will always be determined on 1.4., 1.7., 1.10 and 1.1.

The debt includes not only wages, but also various bonuses, for example for non-work, passports, and thus the payment of extraordinary bonuses. If the employee has not worked for a given quarter for at least 21 days, the place of the average length of the so-called probable length will be used.

And what if I stay home according to not 14 days?If the temporary incapacity for work lasts for more than 14 days, the employees are not paid the sickness benefit according to the sickness insurance fund. The claim for a sick employee is exercised through the employer by filling in the IV. according to the incapacity for dismissal and the employer is obliged to submit this completed form to the employee of the social security as soon as the temporary incapacity for work lasts according to less than 14 days.

Payment of wages during sickness is 60 percent of the daily retirement allowance (DVZ) by the 30th calendar day of incapacity for work. After a while, it rises, ie from the 31st calendar it is 66 percent and from the 61st calendar day 72 percent.

First of all, I would like to point out that the employer is entitled to check whether the incapacitated employee complies with the period when the wage payment (first 14 days) is set by the regime. Poruen could get up and say.