The Immediate Insult

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When must a worker send a message to the employer of his illness? What are the consequences of a late insult? Can the employer warn or even cancel? Both workers and employers of the widespread misconception there is, you must submit the insurance (certificate of inability to work) in a disease-related disability only within three days from the. Thus, the workers had fulfilled its obligations. This is a misnomer. Gem. 5 para 1 must pay sick pay law of workers the employer immediately inform about a disability and their expected duration. Means without delay as soon as it is reasonably possible the workers.

This means in practice: If the workers in the morning wakes up with a severe cold, he must pick up the phone immediately access and inform the employer. Can’t he speak due to severe neck pain, he needs to ask someone third, to call the company. If the workers mount plaster after a serious motorcycle accident in the hospital is located, he must not immediately after waking up from the anesthetic rid themselves of the infusions and frantically the station phone. Here, it is enough to ask the nurse or family members to inform the employer. Who with a cold once a doctor chugs, waits for the sick leave and then calls again after the purchase of the prescribed nose drops shortly after the lunch break in the operation clear violation of his contractual obligations.

Such violations can justify a warning, in case of repetition even a dismissal. In the wording of the text of the law: 5 para 1 pay sick pay law of workers is obliged to immediately notify the incapacity for work and the expected duration of the employer. Takes the incapacity for work for more than three calendar days, the employee has to submit a medical certificate about the existence of the incapacity for work, as well as their expected duration no later than on the following working day. The employer is entitled, the template of the medical Certificate used to require. Lasts longer than specified in the certificate of incapacity for work of the employee is obliged to submit a new medical certificate. The employee is member of a statutory health insurance fund, must the medical certificate a notice of the physician in containing that immediately a certificate of incapacity for work with details of the findings and the expected duration of incapacity for work shall be sent to the health insurance fund. Specialist Attorney tip workers: not only for the existence of your employment, also for the collegial cooperation, it is important that you take your reporting obligations seriously. Who already has the feeling to be on the hit list in the company should ensure, that he can prove the timely message later. This can happen for example by letting you call a witness or that you also tell a colleague. Specialist Attorney tip employers: If an employee violated his obligations. can warn you for him. A termination occurs only when repeated serious infringements seriously considering if also (repeatedly) was called off. A post by lawyer Alexander polymath, Berlin lawyer specializing in labour law