REFLECTIONS ON THE REGULATION OF PHYSICAL AND/OR PSYCHOLOGICAL UNFITNESS CASES THAT MAY OCCUR IN PRACTICE
REFLECTIONS ON THE REGULATION OF PHYSICAL AND/OR PSYCHOLOGICAL UNFITNESS CASES THAT MAY OCCUR IN PRACTICE

Summary/Abstract: While the dismissal for physical and/or psychological unfitness was introduced as a distinct case of dismissal by the current Labour Code when it was adopted in 2003; the complexity of the situations that may occur in practice leads to the question of how adequate this legal provision is. The Labour Code does not include a definition for the physical and/or psychological unfitness and adjacent legal provisions regarding the monitoring and control of the medical status of employees contribute to creating situations when the employer and not the medical expertise bodies is called to make a decision on whether the employee can be dismissed as being medically unfit or should continue to perform the activity. In this paper we will explore the efficiency of the current legal provision on the dismissal for physical and/or psychological unfitness taking into consideration issues that were identified in practice.

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