Publication date: 04.06.2024
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Sickness certificate of an external part-time employee from the occupied territory: how to pay?
1. Introduction
The issue of payment of the sick leave of an external part-time employee from the occupied territory is a complex and important aspect of modern labor legislation. In this article, we will consider the main legal aspects, the employer's procedure and the features of payments in such cases.
2. Legislative framework
2.1. Definition of external cooperation
External part-time work is a form of employment in which an employee performs work under an employment contract in his free time from his main job at another enterprise, institution or organization.
2.2. Normative acts
The main normative acts regulating the issue of payment of the sick leave of external part-time employees include:
Law of Ukraine "On mandatory state social insurance".
Labor Code of Ukraine.
Resolution of the Cabinet of Ministers of Ukraine "On approval of the Procedure for providing assistance in connection with temporary incapacity for work".
3. Peculiarities of payment of sick leave
3.1. Terms
The payment of the sick leave of an external part-time employee is made on the same terms as for the main employees. However, there are certain features related to the specifics of joint employment and the employee's place of residence in the occupied territory.
3.2. Influence of the occupied territory
Workers who live or work in the occupied territories may face difficulties in obtaining medical documents confirming temporary incapacity for work. However, the legislation provides for the possibility of taking such cases into account when issuing payments.
4.Registration and payment procedure
4.1. Obtaining a certificate of incapacity for work
An external part-time worker from the occupied territory must obtain a certificate of incapacity for work in a medical institution operating in accordance with the legislation of Ukraine. If this is not possible, medical documents issued in the occupied territory can be considered by separate commissions.
4.2. Submission of documents to the employer
After receiving a certificate of incapacity for work, the employee must submit it to the employer. The employer checks the correctness of the document and submits it to the Social Insurance Fund.
4.3. Review of documents by the Social Insurance Fund
The Social Insurance Fund considers the submitted documents and makes a decision on the provision of assistance. In case of a positive decision, the assistance is paid to the employee through the employer or directly to his bank account.
5. Calculation of assistance
5.1. Basic principles of calculation
The average daily wage for external part-time employees is calculated based on the wages received at both places of work. When calculating payments, all taxable income is taken into account.
5.2. Calculation formula
The average daily wage is calculated by dividing the total amount of earnings for the last 12 months by the number of calendar days in that period. The amount of the benefit depends on the employee's insurance experience:
Up to 3 years of experience — 50% of the average daily wage.
From 3 to 5 years of experience - 60%.
From 5 to 8 years of experience - 70%.
More than 8 years of experience - 100%.
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