Supreme Court dismissed appeal; medical certificate must confirm ability to perform original job, not alternative work.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal regarding the employer's right to terminate a contract without notice under Article 53 § 3 of the Labor Code. The plaintiff, a warehouse worker, claimed he regained the capacity to work after a heart attack, but the medical certificate only allowed light work different from his original duties. The court ruled that regaining capacity must specifically relate to the job where incapacity was previously certified, and the employer's request for clarification was lawful. Consequently, the employer retained the right to terminate the contract without notice.
Legislator headnote
AI generatedArt. 53 § 3 KP; Art. 229 § 2 KP; The right to terminate a labor contract without notice upon recovery of work capacity must pertain to the specific job or position for which incapacity was previously certified, not to any other type of work.