Labour law updates and recommendations

Long-term sick-leave will no longer be a reason preventing dismissal

The new rules for calculating the benefit period will mean that employees will not be able to stay on sick leave for an indefinite period to avoid termination of their employment contracts.

According to the currently binding provisions, the period for which an employee can claim sickness allowance is 182 days, and in case of tuberculosis or pregnancy – 270 days. This specific period has significant meaning for employers in view of the termination of an employment contract under Article 53 of the Labour Code, i.e. without termination notice due to the long-term justified absence of the employee.

This provision allows for the termination of the employment relationship with a person hired in the company for at least for six months, if his/her absence lasts longer than the total period of drawing remuneration and sickness allowance (182 or 270 days), and the recovery benefit for the first three months, when such benefit is awarded.

On 1 January 2022 an amendment regarding the social security system will enter into force. First of all, the rules for calculating the benefit period will change. Consequently, it will be much more difficult for employees to interrupt their incapacity to work that protects them from termination of their employment contract.

For employers, on the other hand, this change will mean a significant facilitation in the possibility of  use of Article 53 of the Labour Code and terminating an employment contract.

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