On the 7th of October, the cassation court judges the case of a company who did not pay one of its employee due to a lack of check-up with the occupational medicine.
The employee suffered a work related accident. After the end of his sick leave the employee did not do his medical check-up with the occupational medicine. The company did not pay the employee his time after the sick leave.
When an employee is on sick leave the employment contract is suspended. In some cases, a medical check-up is mandatory for the employee to return to work after a sick leave. Until the employee does the check-up the employment contract is suspended.
A check-u with the occupational medicine is mandatory.
Therefore, the judges considered that the employer what within his right not to pay the employee as the employment contract was suspended.
This judgment is a good reminder that some medical check-up are mandatories. Without this check-up the contract cannot be continued, changed or terminated.
