The Supreme Court has recently dealt with a case of what the conditions for terminating an employment for serious breach of discipline an accordance with Sect. 52 Article h) of the Labour Code. It stipulates that an employee has to comply with a status of a person temporarily incapable for work, i.e. to stay in the place of their residence and comply with the time they are allowed to leave their residence as stipulated by the Health Insurance Act.
In the case, the employee did not specify their place of stay specifically enough so that the employer could inspect whether he/she abode by the rules.
The Court ruled that the employment may only be terminated if the employee in question fails to do so. However, failing to co-operate on the check by the employer may not be a reason for termination of employment in accordance with Sect. 52 Art. h) of the Labour Code. Decreasing or even not paying the compensation of the salary/wage are not possible either.
Thus, we strongly recommend that you should hire a professional to check your employees who are ill and off work.
