The suspension of the individual employment agreement. Medical inability to carry out a professional activity. Medical examination report

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

It is not legal to suspend the individual employment contract based on Article 52 letter e) Labor Code, on the ground that a medical examination report confirmed the applicant's medical incapacity to carry out the professional activity which was the subject of his/her  individual employment contract. The medical incapacity thus ascertained is a cause of dismissal, expressly provided by Article 61 letter c) Labor Code. The medical certificates referred to in Article 3 paragraph 2 letter o) of GD no. 905/2017 refer to the temporary incapacity for work (medical leave), provided by Article 50 letter b) Labor Code as a cause of legal suspension of the individual employment contract, and not to the medical examination report.