Cancellation of the Sick Leave as Possible Basis for Termination of Employment Contract

Description

To research, consider and analyze the information that is available in national, European Union and international regulatory acts, and also in judicial practice materials, regarding the problem of termination of the employment contract in cases of cancellation of work incapacity leaves.. In the framework of this research and to analyze national, European Union, international regulatory acts and judicial practice materials, inductive, deductive and comparative methods were used.. First part of section 101 of the Republic of Latvia Labour law regulates that an employer has the right to give a written notice of termination of an employment contract only on the basis of circumstances related to the conduct of the employee, his or her abilities, or of economic, organisational, technological measures or measures of a similar nature in the undertaking in the following cases: the employee has significantly violated the employment contract or the specified working procedures without a justifiable reason. Taking into account the previous meant regulation of the Republic of Latvia Labour law, the practical problem is that legitimate interests and rights of employees are threatened. The reason of threat is annulment of the work incapacity leaves issued to the patient-employee in the later period of time by a competent medical practitioner due to professional misconduct committed by the medical practitioner.. In the previously mentioned situations, there can be seen attempts of employers to count time period by the initially issued and in the later period of time canceled sick leave and interpret them as unjustified absence from work of the employee to terminate the employment legal relationship by issuing new employment contract. It should be noted that the achievements of Latvian court practice in solving this type of problem situations can be evaluated positively and recognized as generally fair and quite useful.

Period	29 Mar 2023
Event title	RSU Research week 2023: PLACES
Event type	Conference
Conference number	3
Organiser	Rīga Stradiņš University
Location	Rīga, LatviaShow on map
Degree of Recognition	International