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CAN THE EMPLOYER DISCHARGE WHILE THE EMPLOYEE IS SICK?
If the employer determines with a medical board report that the disease in which the worker is being held is incurable and that it is undesirable to work in the workplace, in this case, he may terminate the employment contract of the worker for just cause.
The fact that the worker has an incurable disease alone is not sufficient for the termination of the employment contract. The disease must be inconvenient for the person to work in the workplace and this must be proven with a medical board report.
Diseases that can be transmitted to other people are contagious diseases. Not every contagious disease gives the employer the right to terminate the employee’s contract. The infectious disease must be incurable, incompatible with the nature of the work, and this must be proven with a health report.
For example, although tuberculosis is a contagious disease, since it cannot be treated, the employer cannot terminate the employment contract with just cause.
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