Labor 'Extremism' Or How To Deal With Unscrupulous Employee

Any business activity, one way or another, is connected with the involvement of labor resources, since with the development of the company it becomes impossible to independently perform the necessary functionality.

Thus, entrepreneurs and heads of business structures attract employees to perform certain duties, concluding employment contracts.

Everyone builds relationships in the working team in different ways but sooner or later everyone has a situation when an unscrupulous employee, not fulfilling his duties, or having committed a disciplinary offense, understands the inevitability of a punishment and goes on a sick leave, hoping that after a while the employer will calm down, the consequences of the offense will be not so significant, and the situation will cool out.

For its part, this approach does not suit the employer, but in this situation, its capabilities are significantly limited.

So, what can the employer do in a situation where the employee "hides" on sick leave.

During the administration of "Labor Code of RSFSR" the employer had an opportunity to monitor the employee's compliance with the sick leave by checking them at home as part of a specially created commission, to send requests to medical institutions in order to obtain information about whether the employee attended a doctor, whether he was given a sick leave and with what diagnosis.

At the moment, such data are protected by the law and belong to medical confidentiality, and, therefore, are not subject to disclosure.

However, the employer has the right to create a commission to review sick leaves in the company to make a decision on their payment. This commission can be created both on a permanent basis and in relation to a specific case.

In case of the creation of such commission on a regular basis, it is advisable to issue an order for the company to create such commission and approve the provision on this commission, which specifies all the rights and obligations of the commission.

If the commission is created for a certain case, all these points need to be specified in the order.

The next step, which an employer can take is to revive the practice of visiting sick employees at home.

Certainly, today the employee has the right not to open a door to the employer and not to let the employer into the apartment. Also, the employee may not be home for objective reasons (going to the clinic, pharmacy, grocery store, if the employee lives alone, etc.). However, the fact of...

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