Of course, the law clearly regulates when an employer can order dismissal.
The temporary inability to work is defined in Article 11, paragraph 1 of the GD no. 355/2007, as amended and supplemented. This is defined as the inability of the worker to perform on the job, in the profession/function for what is requesting medical examination for work ability until the health reassessment by the occupational physician.
If the employee is temporarily, because of illness, in case of medical incapacity to work in the profession / function for requesting medical examination, the occupational physician establishes temporary inability to disappearance of medical cause.
The sick leave may be granted by:
The occupational medicine specialist and the family doctor of the employee shall inform each other on the health of the patient, according to article 44 of GD 355/2007.
The permanent inability to work is, according to art. 12 paragraph 1 of Government Decision cited above, the worker’s permanent medical inability to perform work at work profession / function for requesting medical examination of capacity for work .
The employer may order dismissal for reasons related to the employee if, by decision of the competent medical expertise, the physical and / or mental incapacity employee is found, which does not allow him to fulfill his duties corresponding to the position held. This right is stipulated in the Labor Code at article 61, letter c.
The employer may dismiss an employee in this case only if his incapacity is permanent and it was ascertained by decision of the competent medical expertise.
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