Medical report and evalutation of medical disability – actual decision of the Supreme Court

The Supreme Court has issued its opinion what should be a conclusion of the medical report in order to establish the ground for valid termination notice according to the Labour Code (decision 21 Cdo 224/2013, as of 16.12.2013) .

 If the employment relationship should be validly terminated from the employers side according to Section 52 letter d) or e) of the Labour Code the employer has to specify the termination ground as it is unambiguously clear if the reason of the termination notice to perform the temporary work is the accident at work, occupational disease or threat of such a disease (ground according Section 52 letter d) or if the reason of the termination notice are other medical reasons – general disease (ground according Section 52 letter e). As a base always required for such termination notice is a medical report issued by a provider of occupational health services or a decision of the competent administrative authority reviewing such a medical report, also in this report is obliged according to the Supreme Court to be explicitly stated (concretized) why the employee is not able to perform his/her temporary job anymore!

 The Act No. 373/2011 Coll. enables to declare in reports solely such conclusions which are expressively regulated in the act. On the other hand from the above mentioned decision of the Supreme Court goes out that for reasons of the termination notice according  Setion 52 letter d) or e) is necessary that the report conclusion “deprived of his/her medical fitness in the long term” is added about the reason of medical disability. Completion of the medical report (medical conclusion) about expert statement of the doctor, which should contain the cause of the disability, is also for the reasons of termination notice equally not satisfying.