Workers have to prove their health

Employees who are formerly unfit for work must prove their health if there are indications that working ability may not exist

10/24/2011

Workers who have been unable to work for a long time due to illness must be able to prove their health on re-entry. This applies if the employer has certain indications that the illness of the employee has not yet recovered. That was the verdict of the labor court of Iserlohn.

Working in spite of illness and showing good will? This is apparently not enough to be able to work again. In a specifically negotiated case before the labor court in Iserlohn, a previously ill-written man had demanded of his employer to be paid again. Previously, the plaintiff had been disabled for a year and a half due to a serious medical condition. After the sick pay payments were discontinued, the man Hartz IV should apply for benefits. However, the affected person did not want to do that and told his employer that the illness is now healed more. The health was now so far restored that he could work again, so the argument of the plaintiff. However, the employer did not consider this proven, claiming that the employee remains incapacitated for work. For the employer, there are "indications", which is why continued employment due to the state of health is not possible. A (further) employment was therefore rejected.

Workers must prove their health
Thereupon the man complained to the employment court Iserlohn on further employment and remuneration. The judges dismissed the case with the file number 4 Ca 1444/10. After all, it is not enough for a worker to claim that he is only ready to work again, according to the labor judges. If the employer has legitimate doubts about the worker's state of health, he must prove with a medical certificate that there is no doubt that he can work. "This must be confirmed by a doctor". In that particular case, the applicant had failed to sufficiently prove the doubts of his person in employment. Because a medical certificate, the man could not submit. Accordingly, the defendant is not obliged to employ the employee (further) in remuneration. (Sb)