What to do if it is not possible to transfer to another job an employee whose health condition does not allow him/her to continue working?
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- Transfer to another position: If an employee submits a medical certificate stating that he or she is unable to continue working for health reasons, the employer is obliged to offer him or her another position that is suitable for his or her health condition, if there are any vacancies. Transfer is possible only with the employee's consent.
- Lack of vacancies: If there are no suitable vacancies, the employer must draw up an act on the absence of the possibility of transfer.
- Dismissal: In case of impossibility of transfer or refusal of the offered position, the employment agreement may be terminated on the basis of Article 40(2) of the Labour Code - revealed incompatibility with the position for health reasons.
- Labor union approval: Dismissal is possible only with the prior consent of the elected body of the primary trade union organization of which the employee is a member.
- Severance pay: Upon dismissal, an employee is paid a severance payment equal to his or her average monthly salary.
