Termination on medical advice
Depending on the extent to which an employee is still in a healthy position, those regulated in the employment relationship To provide services, termination on medical advice can be the only solution in particularly serious cases be. By resigning yourself, you basically put yourself in the difficult position, the employment office to have to prove to you that you had valid reasons and that you were not in breach of the contract have behaved.
If you can foresee that for health reasons you will at least no longer like your employment relationship can continue as usual, first seek an interview with the responsible clerk at the employment office. At the employment office you will receive a form that you should fill out together with your doctor. In addition to your family doctor, you should then also consult a specialist who is qualified for your health problem and who can help you in a Comprehensive written certificate or expert opinion confirms which exact activities you no longer carry out due to which complaints to be allowed to.
Termination - the right course of action
Discuss this medical opinion with your employer in order to possibly find a solution to continue the employment relationship. If necessary, your employer can entrust you with other activities in the future that your state of health still allows.
- If there is no prospect of continuing the employment relationship and your employer does not terminate the contract of his own accord, you only have the option of one without notice termination to be submitted on medical advice.
- If your employer would like to conclude a termination agreement with you, you should under no circumstances do so without it Sign the consultation with the employment office, otherwise the cancellation of the unemployment benefit will result in a ban could.
- Before giving notice to terminate without notice, you must always give the employer the opportunity to do so by issuing a warning To refrain from behavior complained of, i.e. from now on you will no longer be expected to perform activities that you cannot do according to your medical certificate can exercise.
- Formulate this cease and desist request in writing and have receipt confirmed.
You can also hand over the subsequent termination against confirmation of receipt or send it by registered mail with acknowledgment of receipt. - Keep all documents, medical certificates, forms from the employment office, warnings and Termination, along with postal receipts, in the event that your employer later judges the termination attacks.
Termination without notice on medical advice should be considered carefully. No way ...
Termination of employment on medical advice - the consequences
- If there are subsequent proceedings before the labor court, the court will decide whether it considers your reason for dismissal to be important enough. You should therefore carefully study the medical report in advance and, if necessary, have your doctor explain it to you in detail. Only if you are sure that the required work performance is unreasonable from a medical point of view, take the path of termination on medical advice.
- If the report allows the conclusion that you are unable to work due to your state of health, reduced may be able to work or even be unable to work, you may apply for a disability pension from your Insurer. Since the procedure for granting an occupational disability pension always extends over a longer period of time, you will receive support from the employment office until the decision is made.
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