Depending on the circumstances, an employee's failure to undergo mandatory medical examinations may be considered a serious breach of employment duties, which may result in disciplinary termination of employment. We will discuss the circumstances that must exist for such a dismissal to be justified.
Employee's obligation
The obligation to undergo medical examinations results from the provisions of the Labor Code, specifically Article 229, which imposes on the employer the obligation to refer the employee for initial, periodic and control examinations, and prohibits admitting the employee to work without a valid medical certificate.
Pursuant to Article 100 § 2 item 3 of the Labor Code, employees are obligated to comply with occupational health and safety regulations and principles, as well as fire safety regulations. This obligation includes the need to undergo medical examinations immediately upon receiving a referral from the employer. These examinations are crucial from the employee's perspective, as they confirm their fitness to perform their job. Refusal or excessive delay in performing the examinations means that the employer cannot allow the employee to return to work, which can lead to financial and organizational losses for the employer.
Grounds for disciplinary termination of an employment contract
Termination of an employment contract without notice (disciplinary dismissal) may occur when the employer deems the employee's conduct to constitute a gross neglect of their duties. Persistent refusal or avoidance of medical examinations by an employee may be considered a serious breach of employment duties and, in extreme cases, may lead to immediate termination of the employment relationship.
In such a situation, it is crucial to determine whether the employee's behavior constitutes deliberate evasion of duty. If the employee avoids medical examinations without just cause and takes no action to address their behavior, the employer may consider disciplinary dismissal.
It should be emphasized, however, that to justify disciplinary termination of a contract, it is essential to demonstrate that the breach of duty was not only gross but also culpable. Deliberately avoiding medical examinations or gross negligence may be considered grounds for termination of the contract, as it violates fundamental employee duties. Court case law confirms that disciplinary action is possible in such cases.
Disciplinary dismissal as a last resort
Terminating an employment relationship through disciplinary action should be considered a last resort. When taking this step, employers must consider the possibility of legal proceedings, in which proving that the reason for dismissal was real, specific, and justified will be crucial.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 3, 2024
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