• Disease And Termination

  Filed under News
  Oct 3

  When is a dismissal in the case of illness. During an illness of the employee, the employer not is prevented from effective to terminate the employment relationship, an escape in the disease is no protection against dismissal. In small businesses or for a short service, if so, the employment protection act does not apply, may be terminated even without reason. The dismissal is, if employee is at least 6 months and the company has more than 10 employees, the termination but requires a special social justification. In considering behavioral and operational reasons come this passenger. A special case of person-related cancellation represents the disease-related dismissal, such as a termination due to frequent short disease, long-lasting disease or a disease-related performance degradation. These disease-related dismissal is possible in principle, but subject to strict conditions.

  There must be 1.) a negative forecast for the future exist: If for example an affected employee has so far not sufficiently does its job and is not in sight, 2) absence of the worker to a significant operational burden lead to a disturbance of the operational workflow and 3) can be no longer expected in a comprehensive consideration of mutual interests, taking into account the duration of the employment relationship, the causes of the disease and of the age of the employee the continuation of the employment relationship the employer. Lacking one or more of these conditions, disease-related cancellation is not permitted. Basically, it is to note that a cancellation may be pronounced during illness and vice versa just a disease can be a cause for termination. A recent decision of the Rhineland-Palatinate land Labour Court deals with the question of the conditions under which an employee may be terminated, if a recovery during a sick leave derogatory False “behaviour on the day. In this specific case, a massage therapist, had suffered from high blood pressure and shortness of breath, had helped during the sick leave of his daughter house renovation. The Court saw a serious violation of the obligation to the recovery-supportive behavior herein and the termination is deemed permissible. The written sick workers has the duty to promote the physically demanding renovation activity should hinder the healing process compared to his or her employer.

  On the other hand it must not necessarily be a sick in bed, but it also walks or sporting activities can promote the recovery. The Landesarbeitsgericht Mecklenburg-Vorpommern has also found that, an employee written ill due to an arm injury can take part in an interview. Crucial is that the period of incapacity for work is quickly overcome and which activities during the period of incapacity for work prohibits an employee, are. The doctor recommend the workers not to put strain on the arm, he can go after opinion of the judges also attend the interview.

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