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In a recent ruling by the Saxony Higher Labor Court, employers in Germany now have a stronger position when questioning the authenticity of an employee's certificate of incapacity for work. This decision, which sets a precedent for similar cases, emphasizes the importance of employees providing clear and convincing evidence to support their claims.
The case involved an employed architect who sought a mutual termination of his employment and called in sick, submitting a retroactive certificate of incapacity for work. However, the evidence value of the submitted certificates was questioned due to their timing and inconsistencies.
According to German labor law, employees must provide an official doctor's certificate as evidence of incapacity. If doubts arise about authenticity, the employer can require clarifications and conduct lawful investigations, but only within strict limits protecting employee privacy.
Employees must notify their employer promptly about incapacity and provide a medical certificate usually no later than the fourth calendar day of absence. This certificate must be issued by a doctor and confirm the inability to work and its expected duration.
If the employer suspects that the certificate is false or rehabilitated earlier work incapacity, they may take proportionate investigative steps. These investigations must be lawful, necessary, and proportionate, and should first assess suspicions through medical service review or dialogue before escalating.
Secret surveillance or investigations are only permissible under strict legal conditions to protect employee privacy rights. Public surveillance is allowed, but entering private premises or secret recordings are typically prohibited under the criminal code.
Presenting false medical certificates can constitute fraud or breach of contract and may lead to dismissal or penalties.
Meanwhile, in Hamm, the city is focusing on creating barrier-free playgrounds. Goethestraße in Hamm has reopened, providing accessible spaces for children of all abilities to play and enjoy.
This news about Hamm and the reopening of Goethestraße does not appear to be related to the court case in Saxony. However, it underscores the importance of creating accessible spaces and opportunities for all individuals, reflecting the principles of inclusivity and equality that are central to German society.
Employees in Germany, especially in the science and workplace-wellness sectors, should be mindful of providing genuine medical certificates for health-and-wellness circumstances to avoid medical-conditions-related conflicts with their employers. The employer, while obligated to respect employee privacy rights, has the authority to conduct investigations when doubts arise about the authenticity of the certificates, as emphasized by the recent court ruling in Saxony.
