чат, такой сильно теоретический вопрос. Если работник на перманент контракте заболел чем-нибудь серьезным, как быстро его просят на улицу? это как-то регулируется законодательно или только контрактом? если что, то все живы-здоровы, я просто сферу страхования и банковские продукты изучаю
Can I be dismissed if I am on sick leave?
If you have been on certified sick leave from work due to an illness or injury, it is often assumed that you cannot be dismissed fairly. However, this is not true. It is difficult to lay down hard and fast rules to apply to these cases as each will be treated on its own merits. Issues such as length of service, previous record and the importance of the job will vary and will have to be taken into account. These types of claim are often divided into short-term and long-term absences.
Dismissal related to short-term illness generally occurs where you have a medical problem that results in frequent absences for short periods from the workplace. Assuming that the genuine nature of your problem was not in question, your employer will have to show that a pattern of absence exists, that it is causing problems, that the problem is unlikely to get better and that you have been warned that dismissal is likely.
In a case of a long-term absence, your employer will be expected to get detailed medical evidence that an early return to work is unlikely. There is no set period of absence by which it can be said that a dismissal will or will not be considered reasonable. Obviously, the longer the absence, the easier it is for your employer to show that it is causing genuine difficulty for the organisation of the workplace.
In terms of medical evidence you may need to attend your employer's medical expert. If there is a conflict of medical evidence between you and your employer as to the possible return date, your employer will be expected to get a second opinion before taking the decision to dismiss you.
However, it is important to note that if your illness might be considered a disability under employment equality legislation, your rights under that particular legislation would also have to be taken into consideration.
https://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/fair_grounds_for_dismissal.html#:~:text=If%20you%20have%20been%20on,However%2C%20this%20is%20not%20true.&text=In%20a%20case%20of%20a,return%20to%20work%20is%20unlikely.
