Employers are obligated to re-hire an employee dismissed without observing the term of notice period on account of an extended illness (art. 53 of the Labour Code) if the employee regains the capacity to work within 6 months of the termination of the employment agreement. 

The employee must report his or her desire to be re-hired for the employer’s obligation to be reinstated. Notice should be given within six months from the termination of the employment agreement, promptly after the cause of his or her absence from work ceases to be applicable. After the elapse of this term, the employee’s claim expires. Notice may be given in any form.

The employment obligation is re-instated if the employer is able to entrust work to the employee giving consideration to his or her qualifications and vocational predispositions. 

Re-hiring does not have to take place according to the previous conditions, in particular, it does not have to be for the same position and for no lesser pay. 

If an employee is not re-hired despite such a possibility, the employee will be able to sue for the establishment of an employment relationship and for damages for the time of being out of work.

Find more in the PRO HR September 2020.