The organization paid sick leave to two external part-timers who worked in this capacity for less than 2 years before the date of registration of the sick leave. During the inspection, the SFR considered this a violation and demanded reimbursement of the expenses for the payment of benefits. The organization disagreed with the Foundation and appealed to the court.
However, the courts of three instances consistently refused the organization and supported the SFR (Resolution of the Arbitration Court of the North-Western District dated 05/16/2024 No. F07-3777/2024 in case No. A56-56310/2023).
The judges motivated their decision as follows: all employers must pay the sick leave only if the insured person is employed by them during the previous two years before the insured event. Since the recipients of HH benefits worked for less than this period, they were not entitled to part-time benefits.
We talked about how to pay for sick leave when employed by several employers here.
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