Working during a period of illness
5 May, 2022 by
Can a sick worker help out in his spouse's company or perform a paid or unpaid activity for a third party?
During an incapacity to work due to illness or an accident, the employee remains bound by his duty of care and loyalty, which implies that he must not delay his recovery by carrying out an activity that is incompatible with his medical certificate. The exercise of an activity, whether remunerated or not, during an incapacity to work constitutes a breach of the duty of care and loyalty which may, under certain circumstances, justify immediate dismissal, even without prior warning.
This article develops the following topics:
- working for another employer during an incapacity to work
- compliance with the duty of care and loyalty during incapacity for work
- the obligation to make every effort to recover
- performing activities that are incompatible with the medical certificate
- working for the spouse during total incapacity for work
- unpaid secondary activity with a third party
- breach of trust
- grounds for immediate dismissal
- immediate dismissal without prior warning