Has your health deteriorated and you are no longer able to do your current job? Are you wondering whether you should be given notice for health reasons or whether it is better to terminate your employment by agreement? Find out what options are available and what you are legally entitled to.
Termination of employment for health reasons can only occur for two reasons. The first is if you have an accident at work or develop an occupational disease and are prevented from doing your job. You may be prohibited from doing so by a doctor during an occupational health examination or by an administrative authority reviewing an occupational health report.
Tip: An occupational disease is a disease that is directly related to work. It can be a chronic or long-term treatable illness, but it is only temporary. Carpal tunnel syndrome and arthrosis are the most common.
An accident at work is then defined as an injury to an employee’s health that occurred as a result of or in connection with work tasks. The most common work-related injuries are various injuries caused by falls or heavy loads, i.e. fractures, contusions and back strains. Read more about occupational diseases and work-related injuries in our articles.
The second situation may arise from your general deterioration in health (not as a result of your work), which leads a doctor to declare you medically unfit to do the job, following an occupational health examination or a review by an administrative authority. This situation may arise, for example, if you become seriously ill and are unable to do your job.
Tip: Does your employer require you to have a medical examination? Is he entitled to such a thing? Can you refuse the exam and what information about your health is the doctor allowed to provide? Find out in our article on the topic: What to expect from an occupational medical examination.
However, your employer must reassign you to another job for which you are medically fit before you can be dismissed. This reassignment is mandatory for you in this case. If your employer does not have another suitable job for you, the employer is at fault and you are entitled to wage compensation equal to your average earnings until the termination of your employment.
In some cases, the employee agrees with the employer to terminate the employment relationship by mutual agreement for health reasons. This option may be preferable if, for example, you do not want to wait for formal notice or if both parties want to avoid litigation. However, it is important that the agreement explicitly states that the reason for termination is ill health. This may affect eligibility for unemployment benefits or any compensation.
It may happen that after an occupational health examination, you are found medically unfit but you do not agree with the decision. In this case, you must appeal against the assessment within 10 working days of the date the assessment was issued to you. If the doctor insists on the assessment, then there is a review by the regional authority. The authority has 30 days to make a decision. If they approve the report, there is no further appeal. If you get fired based on the medical report, there is still an option for you to take the whole thing to court. In this case, you need to file a lawsuit to declare the termination invalid.
Tip: Want to sue to invalidate your notice and not sure if you will win? We will assess your chances of success in court and suggest a solution that will lead to the desired result.
You are only entitledto severance pay if you have lost your ability to work as a result of an accident at work or an occupational disease. You are entitled to severance pay in the event of dismissal and in the event of termination of employment by agreement on medical grounds, if the loss of capacity to work is due to an accident at work or occupational disease. You are entitled to severance pay of at least 12 times your average earnings.
We’ll make sure you get everything you’re entitled to. We’ll help you defend yourself against your employer. We’ll offer a solution in as little as two days, nationwide.
You won’t get severance pay if your termination is due to a loss of medical capacity that is not caused by your work. You also do not get severance pay if your employer has completely discharged its obligation to compensate you for the injury caused by the work-related accident or occupational disease. This can happen, for example, if the injury or illness was caused by a breach of workplace safety rules, if you were working under the influence of drugs, etc.
A specific situation may arise if you do more than one type of work for your employer and become unfit for only some of them (for example, you do moving work and also act as a coordinator). In this case, your employer is not obliged to assign you to another job (it is enough that you do the one for which you have not lost your medical capacity). They also cannot give you notice on medical grounds.
It may be that you want to give notice on medical grounds yourself. You can only do so if you have been found unfit for work by a doctor following an occupational health examination and your employer has not found an alternative job for you within 15 days of receiving the report.
Tip: Don’t rely on the immediate termination pattern for health reasons and instead get help from a professional. With an Affordable Lawyer, you can be sure that your notice will be valid and you will not lose anything you are entitled to under your employment contract. We can help you sort it all out in as little as two days, conveniently and online.
Termination of employment on health grounds also often raises questions about the employment and dismissal of people with disabilities (PWDs). So let’s take a closer look at these issues.
A disabled person is a person who is able to do work, i.e. employment or other gainful activity, but has a limited ability to do their existing work, or to use their existing qualifications, or even a limited ability to retrain. The cause of this limitation in this case is a long-term ill health which, according to a medical opinion, limits the physical, sensory or mental capacity of the person concerned and is expected to last for at least one year.
You can obtain the status of PWD on your own application if your ill health limits your ability to participate in the labour market. The application must be in writing and must include your name, surname, date of birth, permanent address and signature. You must also describe your situation and ask to be granted invalidity status. Finally, you must also fill in basic information about your treating doctor and the address of his/her registered office. You can send the completed application by post, by data box or by email with an electronically verified signature to the address of the Czech Social Security Administration.
Tip: You can find a template for submitting an application directly on the ČSSZ website.
As an OZZ, you are not entitled to benefits or allowances from the state. But who is entitled to benefits is your employer. In addition, your employer can claim a tax credit for each employee who is an OZZ. The purpose of this allowance and tax credit is therefore to promote the employment of disabled people.
As regards the termination of a disabled person by the employer, the same rules apply as for a healthy person. Therefore, the same rules apply to you as a PWD if you can no longer perform your job for health reasons – your employer must find you another job or may give you notice and possibly severance pay (if your deteriorating health has made it impossible for you to perform your job). However, your employer cannot dismiss you because you have lost your EHIC status and he will stop receiving benefits for you. He can only dismiss you for statutory reasons.
A deterioration in health, an accident at work or an occupational disease can lead to dismissal on health grounds or termination by agreement. However, your employer must first offer you another suitable job. If they don’t have a suitable job for you, you may be dismissed – and in some cases be entitled to severance pay. Based on the medical report, you can appeal and, if necessary, defend yourself in court within 10 days. Termination by agreement on medical grounds can be a good compromise if you don’t want to wait for formal action from your employer. Disabled people have the same rights as other employees in this situation.
When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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