Reporting at the workplace despite incapacity for work?
According to a judgement handed down by the Federal Labour Court dated 02/11/2016 - 10 AZR 596/15, press release no. 59/16, an employee who is prevented from working due to incapacity for work as a result of illness is not obligated to go to the workplace on the employer’s instruction in order to participate in a discussion to clarify further employment options. In the case brought before the Federal Labour Court, the employee refused to attend the meeting giving their incapacity for work as a reason and was issued a warning. Unlawfully, as it turns out according to the decision by the Federal Labour Court. The sick employee is not obliged to work or to carry out ancillary activities directly associated with their work during the period of their incapacity for work. In contrast, contacting an employee with an incapacity for work is permitted if it is in the justified interests of the employer. However, an employee is not obliged to go to the workplace unless, in exceptional cases, it is imperative for operational reasons and the employee’s health allows them to do so. The employer was ordered to remove the warning from the employee’s personnel file.