IMPLEMENTATION ISSUES CONNECTED WITH DISPUTED LEGAL POWER OF EMPLOYEE'S MEDICAL EXAMINATION CERTIFICATE
Abstract
This paper describes legal issues connected with termination of employment relationship because of employee's inability to work for his/her health reasons. The legislator enables to dismiss an employee for proved health inability to work, while the employer is in no position to investigate the real health status of the respective employee.
Even so, the employer's powerless situation is considered to be its wrong and the employee can sue the employer for wrongful dismissal successfully. Described weird legal situation has not been changed by the recent amendment of respective law on medical examination of employee's ability to work.
However, there is a couple of inspired statues that can be followed, such as medical examination of municipal police officers or examination of drivers.