Sick leave won’t always prevent a dismissal

An employee who is present at their workplace, despite having a medical certificate confirming their incapacity to work, is not covered by the protection against termination of employment as outlined in Article 41 of the Labour Code. However, if an employee comes to work to carry out tasks important for their employer or the company, a court should consider two points. Firstly, whether the dismissal is truly justified under Article 45(1) and, secondly, whether the employer’s action is against the basic principles of social fairness (Article 8 of the Labour Code). – Kinga Polewka-Włoch and Jan Kozakoszczak comment for Legalis.

Full article in Polish avialible: here.