The employee presented the decision of the Social Insurance Institution (ZUS) to grant a disability pension. What should the employer do in such a case? This is one of the questions asked by employers – clients of the PRWT accounting office

The mere fact that an employee has been granted a disability pension does not mean that the employment relationship must be terminated for that reason. An employee on a pension (unless he or she has any contraindications to work in the assigned position) may continue to work at the same time.

On the other hand, termination of an employment contract with such an employee requires either an agreement on termination of the employment contract or its termination (including an indication of the reason for termination). However, it should be remembered that the inability to work confirmed by a ZUS medical examiner does not have to be synonymous with the inability to perform work in the position entrusted to the employee.

For this reason, before terminating an employment contract, the employee should be referred for examinations in which an occupational medicine doctor will determine his or her ability (or lack thereof) to perform a given type of work. Only the inability to perform a specific job in the position held is the reason justifying the termination of the employee’s employment contract.

In addition, it should be remembered that the termination of the employment relationship with an employee in connection with the retirement is associated with the need to pay severance pay in this respect. If the employer does not have any other regulations in place in this respect, the employee retains the right to severance pay specified in Article 92¹ of the Polish Labour Code.