The worker cannot be dismissed while he is ill with a health report. Article 25 of Labor Law and special cases.
Maternity Leave Protection
- 8 weeks before birth + 8 weeks after
- Protected for 16 weeks in total
- Dismissal prohibited
Sickness Right
- Health report accepted for 6 weeks in addition to the notice period
- If exceeded, employer may dismiss (Art.25/I-b)
- Severance and notice pay are still paid
Work Accident Protection
- Workers who cannot work due to a work accident are protected
- SGK incapacity allowance
- Dismissal is limited
Dismissal is Invalid
- Dismissal during the medical report period is generally invalid
- Recruitment refund case
- All compensation
Disabled Employment Quota
- Employer employing 50+ workers 3% disabled employment is mandatory
- Additional protection of disabled workers
Supreme Court 9. HD
9. HD accepts that terminations made during the medical report period are met with "presumption of unlawfulness" and that the employer must prove reasonable cause.
Labor law attorney is recommended.