Decision of total incapacity for work

Clients of our PRWT accounting office sometimes deal with a situation in which a job applicant presents a decision stating complete incapacity for work. Then questions arise whether it is possible to hire a person with such a diagnosis?

A person who has decision about total incapacity for work and  receives a disability pension may be employed (not only in a sheltered employment establishment) if he has a medical certificate allowing him to work in a given position. This is due to the fact that a person with complete incapacity for work cannot work, but under normal conditions. However, if the working conditions in a given position are appropriate or the employer adjusts the workplace to the employee’s needs, it is possible for such a person to perform work. There are no contraindications for a person receiving a disability pension to take up employment, but only if their health condition allows them to perform this work, which will be confirmed by a medical certificate. However, it should be borne in mind that the remuneration held for employment may result in the limitation or suspension of the entitlement to a disability pension (however, this is a decision on the part of the employee). Moreover, it is worth remembering that a person with a certificate of complete incapacity for work is not protected  before dismissal from work at retirement age (the employee retains the right to a pension, therefore he is not covered by pre-retirement protection).

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