Dismissal of a person with a disability is possible, but only in accordance with Section 101, Paragraph one, Clauses 1, 2, 3, 4, 5, 6, 7 and 10 of the Labour Law.
Based on the reinstatement of a former employee (clause 8), the reduction in the number of employees (clause 9) and the employee’s continuing illness, it is forbidden to dismiss an employee (clause 11).
Legal grounds for termination of employment with a person with a disability:
- the employee has significantly violated the employment contract or the specified working procedures without a justifiable reason;
- the employee, when performing work, has acted illegally and therefore has lost the trust of the employer;
- the employee, when performing work, has acted contrary to moral principles and such action is incompatible with the continuation of employment relationships;
- the employee, when performing work, is under the influence of alcohol, narcotic or toxic substances;
- the employee has grossly violated labour protection regulations and has jeopardised the safety and health of other persons;
- the employee lacks adequate occupational competence for performance of the contracted work;
- the employee is unable to perform the contracted work due to his or her state of health and such state is certified with a doctor’s opinion;
- the employer – legal person or partnership – is being liquidated.
The employment contract may also be terminated based on Section 47 Paragraph 1 of the Labour Law in connection with failure to pass a probationary period.
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