Employer dismissed employee after 182 sick days; claim for wrongful dismissal without rehabilitation benefit period rejected.
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for damages regarding the termination of his employment contract without notice. The plaintiff argued that the employer violated the protection period by firing him after 182 days of sick leave, despite having submitted a request for rehabilitation benefits. The court ruled that the statutory protection period ends upon the expiration of the sick pay, not when the rehabilitation benefit application is submitted, allowing the employer to terminate the contract at that time.
Legislator headnote
AI generatedArt. 53 § 1 pkt. 1b k.p.; The employer may terminate the employment contract without notice if the employee's inability to work due to illness exceeds the period of receiving sick pay and the first three months of rehabilitation benefits, and the protection period concludes upon the expiration of the sick pay entitlement.