Hello.
Incapacity for work or being prohibited from working on the basis of a periodic medical examination by an authorised occupational health doctor is not a legal ground for termination of the employment relationship. The worker is not allowed to work under the employment contract, does not have sick leave, and the termination of the contract cannot take place.
a. All such risks, the cost of waiting at home, shall be borne by the employer, even if the cause of the incapacity for work is unrelated to the work-related injury or occupational disease. In these cases, the person is not even necessarily entitled to sick leave if he/she is not undergoing treatment of his/her own volition or is in a waiting list.
b. Waiting for the employer to find a job, to "find" a business reason (sooner or later you end up in court), to be cured or to have a hearing at the disability committee, which people avoid because they are aware of the possibility of termination. If the person gets restrictions at the Disability Commission, the next step is to apply to the Republican Commission for the termination of the disabled person's employment. If a positive opinion is not obtained, termination is again not possible. The whole case can take more than a year.
We propose to supplement the provisions of Article 110 of the Labour Code for the extraordinary termination of the employment relationship on the grounds of incapacity to work at the workplace for health reasons, when there is no sick leave (i.e. medical treatment) or disability proceedings pending.