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The Employer Must Prove Incapacity for Work
Reading time 4 minutesA worker was sick for a long time due to a depression. When he wanted to return with a medical certificate of work ability, the employer no longer let him to the workplace – with the argument that he was still not resilient and that employment in the security center was too risky. (8 Sa 726/11) The National Labour Court of Hamm made it clear: Anyone who does not let the employee work despite work offer must prove the lack o…
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Reading time 4 minutesA worker was sick for a long time due to a depression. When he wanted to return with a medical certificate of work ability, the employer no longer let him to the workplace – with the argument that he was still not resilient and that employment in the security center was too risky. (8 Sa 726/11) The National Labour Court of Hamm made it clear: Anyone who does not let the employee work despite work offer must prove the lack o…
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