CBH-Attorneys at law report that on January 1, 2023, in accordance with the desires of the legislator, the electronic certificate of incapability for work (EAU) will be made mandatory for all individuals. The law governing employment also has repercussions for this.
No longer will it be necessary for workers to provide a certificate of incapacity to work to their employers in order to demonstrate that they are ill and unable to perform their job duties. It is sufficient for individuals to have a physician certify that they are unable to engage in gainful employment. On the other hand, this does not apply to all employees or in every circumstance, which results in the creation of a form of “two-class society.” This is something that needs to be taken into consideration, especially in the case of new works or service agreements, which are intended to regulate the behavior of workers in the event that they are unable to perform their jobs due to illness and, as a result, activate the co-determination rights of the works or staff council.
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