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Medical opinions in labor law

Publication at Faculty of Law |
2021

Abstract

As far as our research project is concerned, the current regulation of assessing an employee's medical fitness to perform work and related legal institutes represent a successful culmination of the struggle between the employer and the employee, or politically speaking of the ruler and the controlled or historically spoken of the master of work and the servant. This is indeed a viable solution of our social issue (from the point of view of legal history, the most appropriate is the German concept of Herrschaft und Knechtschaft (lordship and servitude)) if it's not about deteriorating health or a worsening mental condition of workers.

The aim of this work is to analyze the legislation containing the implementation of the precautionary principle that the employer should take care of the health of the employee so that he does not suffer damage to his health above the level appropriate to the conditions. The key institute analyzed in this book is a medical report, which is described only in terms of assessing the employability of the job seeker, respectively. employee in order to be able to carry out the agreed or entrusted work.

Other amendments are taken into account if they can be used as an inspiring model for the current amendment in the Act on Specific Health Services and in the Labor Code.