Article
Mental health in the workplace: CEE & SEE snapshot
Mental health is quite a sensitive and complex issue from an employment law perspective. There isn’t always a clear “yes” or “no” or “right” or “wrong” answer and no one single procedure or method applies universally when dealing with such sensitive matters. This is further complicated by the need for input from various professionals, including psychiatrists, occupational doctors and health & safety experts, adding extra layers of complexity .
Awareness of the impact employees’ mental health has on organisational performance and well-being is steadily increasing in Central Eastern and South-Eastern Europe. However, mental health and burnout1 are not explicitly defined by employment legislation in the vast majority of regional jurisdictions. Mental health checks are prescribed by law only in certain situations and employers must often navigate ambiguous regulations, company culture, conflicting professional opinions and the unique circumstances of each case.
In recognition of World Mental Health Day, this snapshot covers the core rules and regulations around mental health in the CEE/SEE region. However, it should be noted that specific circumstances and exceptions often impact the application of these rules.
1 Burnout is included in the 11th Revision of the International Classification of Diseases (ICD-11) as an occupational syndrome. A syndrome is a collection of traits or distinctive features that run together and do not have an identifiable cause. It is not classified as a medical condition/disease (which always has a cause). Burnout refers specifically to phenomena in the occupational context and should not be applied to describe experiences in other areas of life
BOSNIA & HERZEGOVINA
1. Is mental health addressed/defined by employment legislation in your country?
Federation of Bosnia and Herzegovina (FBiH): No. Mental health is not directly defined by employment legislation.
However, an employee cannot enter into an employment relationship unless it has been determined that their health and psychophysical abilities meet the working conditions and requirements of the job.
Republic of Srpska (RS): No. The same answer as for FBiH applies.
Brčko District (BD): No. The same answer as for FBiH applies.
2. Is burnout addressed/defined by employment legislation in your country?
FBiH: No.
RS: No.
BD: No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
FBiH: No.
RS: No.
BD: No.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
FBiH: Yes. Initial health checks (including a psychological assessment) prior to entering into an employment relationship are mandatory.
Health checks during the employment relationship are neither stipulated by law nor are they standard in practice. However, an employer is entitled to request a medical check (including a mental health assessment) from an employee, based on the behaviour of the particular employee.
RS: Yes, the same answer as for FBiH applies.
BD: Yes, the same answer as for FBiH applies.
5. Are mental health checks mandatory in certain circumstances?
FBiH: Yes, to some degree. Periodic health checks are mandatory for specific categories of positions, including positions with increased risk and for employees working night shifts.
RS: Yes, to some degree. Periodic health checks are explicitly stipulated for positions with increased risk.
BD: Yes, to some degree. Periodic health checks are explicitly stipulated for positions with increased risk and for employees working night shifts.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
FBiH: No. The FBiH Labour Law does not allow amendments to an employment agreement at all. Any change to the contractual elements of an employment agreement first requires the conclusion of said employment agreement.
RS: No. An employer cannot change an employment agreement without the employee’s consent.
BD: No. Same answer as for FBiH applies.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
FBiH: No. An employer cannot unilaterally decide when an employee will use their vacation. If burnout is interpreted by a relevant medical professional as an injury at work, an illness or an occupational disease, an employee can use sick leave.
RS: No. The same answer as for FBiH applies.
BD: No. The same answer as for FBiH applies.
8. Can an employee be dismissed in cases of mental health issues impacting the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
FBiH: Yes. If an institution that is authorised to conduct mental health assessments concludes that an employee’s working capacity has changed (disability category II), the employer is obligated to offer this employee a new employment contract, performing tasks the employee is capable of, including the provision of additional training, as may be required. If no such position can be offered, , the employee can be dismissed.
RS: Yes, in principle. If an employee experiences a change in work capacity or an imminent risk of disability (which may including mental disorders) as determined by the competent authority, the employer is obligated to offer the employee a new agreement, performing jobs that they are capable of, which must be related to the type of work the employee previously performed. If the employer cannot offer the employee a suitable job alternative, or if the employee refuses the offer of for a different job that matches their abilities, according to an official medical opinion, the employer may terminate the employment agreement with the consent of the trade union or the works council. The employer cannot terminate an employment contract if the changed ability to perform work or an imminent risk of disability were caused by a work-related injury or an occupational disease.
BD: Yes, in principle. The same answer as for RS applies. In addition, if the competent authority establishes that an employee has a changed work capacity or an imminent risk of disability, the employer is obligated to offer the employee a new employment contract, performing tasks the employee is capable of, including the provision of additional training as may be required.
BULGARIA
1. Is mental health addressed/defined by employment legislation in your country?
No.
Mental health is not directly addressed by the employment legislation.
However, mental health is addressed in a chapter of the Health Act dedicated to the protection and preservation of mental health. It regulates procedures for diagnosing, treating, and rehabilitating individuals with mental disorders.
2. Is burnout addressed/defined by employment legislation in your country?
No.
Burnout is not specifically defined, however, the employment legislation provides measures for employers to protect the psychological health of employees in positions with high mental and nervous strain.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Burnout is not regulated as a separate medical condition in Bulgaria, but if its symptoms mirror those of recognised medical conditions, this can be used as grounds for sick leave.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
Employers are obligated to ensure the performance of medical checks on all employees (first at hiring followed by subsequent periodic ones), where mental health can be considered for certain positions as well.
With regard to initial medical checks, the presence of a mental illness could prevent the employee from being hired.
5. Are mental health checks mandatory in certain circumstances?
No.
Mental health checks are not mandatory, however, the mental health of workers is taken into account in compulsory medical examinations.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
The Labour Code prohibits the unilateral change of contractual elements. There are exceptions in which an employer may only temporarily assign a worker to perform other work. In cases of mental health issues, modifications must be made by mutual agreement between the parties (e.g. for stress reduction).
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
There are exceptions where paid annual leave may be provided unilaterally by the employer, but conditions such as burnout may not be a relevant ground.
8. Can an employee be dismissed in case of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
An employee can be dismissed for mental health issues, but their inability to perform their work obligations due to illness or medical contraindications should be established by a Territorial Expert Medical Commission (TELK). Such a commission consists of at least 3 doctors , and their exact composition depends on the medical requirements for the specific case.
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CROATIA
1. Is mental health addressed/defined by employment legislation in your country?
No.
Nevertheless, there are collateral concepts that are regulated, such as the right to disconnect and stress at work.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
Not explicitly.
However, employees can take sick leave for burnout in cases where doctors classify it under broader categories such as affective (mood) disorders, neurotic, stress-related or somatoform disorders.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
No, unless required by law for certain positions.
5. Are mental health checks mandatory in certain circumstances?
Yes, but only for certain work positions.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
An employment agreement cannot be modified without the employee’s consent. However, employers may adjust certain conditions, such as working hours, workload or work independence, if workplace stress is present.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
An employer may set employees’ vacation schedules unilaterally. An employer cannot order an employee to use their vacation specifically due to mental health issues,
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes, but mental health issues are not a separate ground for dismissal. Such cases are typically categorised under general reasons like underperformance.
Additionally, medical leave (e.g., due to burnout) cannot be used as a reason for dismissal and the employer must ensure that dismissal is not based on any form of discrimination.
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CZECH REPUBLIC
1. Is mental health addressed/defined by employment legislation in your country?
No.
Mental health is not directly addressed by the employment legislation.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Burnout symptoms are diagnosed as part of various other medical conditions.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
Generally speaking, health checks focus on physical health only. However, mental health can be assessed as part of an extraordinary health check, if there are doubts regarding an employee’s (mental) fitness.
5. Are mental health checks mandatory in certain circumstances?
Mental health checks are mandatory as a part of the occupational health examination for job categories with an occupational health risk that is related to mental health (e.g. drivers, bakers, night workers on manufacturing lines) or where specifically requested by law (e.g. police officers).
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
An employment contract may be amended only with the employee’s consent. As such, the type of work cannot be changed unilaterally. However, the job description is usually a separate document that can be unilaterally changed by an employer, as long as the change falls within the agreed type of work.
If an employee is no longer medically fit to perform the agreed upon work, the employer must transfer the employee to a type of work that is suitable.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
Yes.
An employer may order an employee to take vacation time, as long as they give the employee 14 days notice. Therefore, it is possible to order an employee to take a vacation if she or he is exhausted from work (“burnout”), so long as this exhaustion is not diagnosed as a medical condition.
In cases where burnout is considered to stem from or be caused by a medical condition, an employer should initially recommend that the employee visit a doctor. If the employee refuses, ordering they take leave may be possible but given the sensitive nature of the issue, communication with the employee should be conducted in a considerate manner so as to avoid the risk of allegations of unequal treatment / discrimination.
In cases where an employer has doubts whether an employee is medically fit, due to a burnout, to perform work in the long-term, an extraordinary health check must be ordered.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
No.
Dismissal is possible but dismissal due to mental health issues is not a specific ground for dismissal. It is essential to classify it correctly under the Labour Code, for example, as a long-term loss of medical fitness for work, or as unsatisfactory results. The risk of alleged discrimination based on health should be considered.
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HUNGARY
1. Is mental health addressed/defined by employment legislation in your country?
Yes.
But to a limited extent with the requirement for employers to take the health of employees, including mental health, into consideration when determining working conditions.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No, but doctors can issue medical leave certificates due to psychological exhaustion.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
A mental health assessment may be conducted under the following circumstances:
- Certain professions require mental health checks by law. These might include pilots, military personnel, drivers of public transport vehicles and others involved in critical decision-making roles.
- An employer has the possibility to initiate an out-of-schedule medical examination (covering mental health if it is required) in the event of a change in an employee’s state of health or in connection with a significant change in working conditions.
5. Are mental health checks mandatory in certain circumstances?
Yes.
Mental health checks can be mandatory for certain professions that involve high risks, high stress or potential danger to the public or the individual themselves. Such jobs may include, for example: pilots and air traffic controllers, law enforcement officers and military personnel, firefighters and paramedics. The list of high-risk jobs is currently being revised by the competent Ministry.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
Changing contractual elements, including a job position, requires employee consent. An employer is entitled to temporarily amend a job position for a limited period only. Pregnant employees shall be offered another position if they are considered unable to work in their original one based on a medical opinion.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
An employee may be sent on annual leave on the condition that they be notified of the scheduled date of their vacation time no later than 15 days before the first day of said vacation.
If an employee is unfit to work, they shall be exempt from the requirement of availability and from work duty while on medical leave. In the absence of a medical diagnosis indicating that the employee is unfit for work, the employer may order the employee to take a vacation, as scheduling the vacation is a right of the employer.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
If an employee’s mental health issues significantly impact their ability to perform their job, it could potentially be a reason for dismissal. This would typically fall under other legal categories, such as inability to perform job duties and incapacity to work.
It is essential to highlight that, under the Hungarian Labour Code, termination of employment due to health-related reasons is unique in that an employee is entitled to receive severance payment.
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POLAND
1. Is mental health addressed/defined by employment legislation in your country?
No.
Employment laws in Poland do not specifically define or comprehensively address mental health. However, the Labour Code requires employers to ensure their employees’ health and safety, including mental health. Employers are required to conduct regular occupational risk assessments and take measures to reduce the risk of stress and mental health issues.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
However, doctors can issue medical leave certificates for illnesses (mental diseases) related to burnout, such as depression, anxiety disorders, sleep issues, excessive stress and concentration problems.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
Mental health is usually not the focus of statutory health checks, although the law does not prohibit them.
If an employee’s mental health affects their job performance or if they work in a high-stress role, employers might suggest mental health support. Furthermore occupational doctors are authorised to refer employees for psychiatric evaluations during workplace medical examinations if they deem it necessary.
5. Are mental health checks mandatory in certain circumstances?
No.
Mental health checks are not generally mandatory in Poland. Only occupational health physicians or specialists, not employers, are qualified to decide whether a mental health check is needed.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
Yes.
Employers can change a job description unilaterally, as long as it remains within the scope of the type of work set out in the employment contract.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
Employers cannot unilaterally send an employee on vacation. Vacation must be requested and agreed upon by the employee. If an employee is experiencing burnout, medical leave would be a more suitable option rather than forcing an employee to take a vacation.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
When mental health issues are suspected of affecting quality of work, the employer must demonstrate that these issues are preventing the employee from adequately performing their duties. However, if an employee is on long-term medical leave due to mental illness (e.g., due to depression or anxiety disorders), the employer may, once the legally specified periods have expired, terminate the employment contract without notice even if the employee remains unfit for work due to their illness.
Furthermore, the employer can also terminate the employment contract in cases where the employee’s mental health poses a risk to the health or safety of others, but must provide evidence of these health and safety risks.
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ROMANIA
1. Is mental health addressed/defined by employment legislation in your country?
No.
Collateral concepts that are regulated: psychological / moral harassment.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Employees may receive medical leave for various other mental conditions listed in the Romanian diseases codification, similarly to physical diseases.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
However, an employer does not have control on whether or not mental checks are included in the overall medical examination. Any such ah hoc check requests are subject to an assessment and validation by a medical professional.
5. Are mental health checks mandatory in certain circumstances?
Not as a rule.
While the law provides for certain mandatory health checks, it does not explicitly require that mental health aspects be covered. In practice, mandatory health checks usually do not include mental health assessments. Only in certain specific cases (e.g. for drivers) does the law provide for a mental health assessment.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
Not as a rule.
A change of contractual elements requires employee consent. An employer may unilaterally change such contractual elements only as a temporary protective measure. Specific rules may apply for special categories of employees: pregnant and nursing women, employees retired for medical reasons who may still partially work, etc.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
Not regulated specifically.
In our view, vacation time is not only an employee right but also an obligation when the physical or mental capacity of the employee impacts the quality of the work.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
However, this is a quite complex, uncertain and risky process. Dismissal due to a medical condition, where such condition (physical or mental) prohibits the performance of the employee’s duties, is a specific type of dismissal under the Labor Code. If the mental problem in question does not qualify as a medical condition/disease or the medical documentation is not clear or sufficiently solid, an alternative ground for dismissal may be professional unfitness / low performance (when an employee’s health issue leads to a deterioration in work quality).
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SERBIA
1. Is mental health addressed/defined by employment legislation in your country?
No.
The concept of “mental health” is not specifically regulated by Serbian law.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Burnout is not regulated as a specific medical condition. Doctors usually issue diagnoses based on the predominant symptoms (e.g., other anxiety disorders, which could be also related to work/work conditions).
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes, but only if such checks are required by law.
In line with occupational health and safety regulations, employers are obligated to organise medical examinations of their employees (which may include mental health assessments if prescribed by law).
5. Are mental health checks mandatory in certain circumstances?
Yes, for certain professions.
Health checks, prior to hiring and during employment, are mandatory for certain professions (e.g., drivers, teachers, police officers) when so required by the relevant Serbian regulations. If psychological examinations are included in health checks for these professional categories, they are considered mandatory.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
Permanent changes of contractual terms (e.g. job description) require the employee’s consent.
An employer may only transfer an employee to another job without the employee’s consent when said job must be finished without delay and on a temporary basis (up to 45 working days within 12 months).
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
An employer determines when vacation days are to be used upon consultation with the employee in question. The employer must notify the employee in writing at least 15 days in advance.
Employers should refrain from offering employees the possibility to take vacation as a result of burnout, in order to avoid potential mobbing and/or discriminatory claims.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
If an employee cannot perform his or her current job due to a mental health condition as confirmed by a competent medical professional as this poses a threat to his/her environment, the employer should offer the employee another appropriate job based on their changed capabilities. If the employee does not accept such offer of an appropriate job, the employer may dismiss the employee without payment of (statutory) severance.
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SLOVAK REPUBLIC
1. Is mental health addressed/defined by employment legislation in your country?
No.
Employment legislation in Slovakia does not directly address mental health. However, it provides for some safeguards aimed at promoting psychological well-being, such as the “right to disconnect”.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Burnout syndrome itself cannot be the reason for incapacity to work (sick leave). However, doctors can issue a medical leave certificate for symptoms or conditions stemming from burnout. The decision rests with the doctor, who determines an employee’s condition, qualifying them for incapacity to work.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes, provided that a doctor validates an employer’s request as reasonable / necessary, a general health check (e.g. upon hiring) may also include a mental health check. Otherwise, mental health checks are only mandatory for specific professions.
5. Are mental health checks mandatory in certain circumstances?
Mental health checks are mandatory only for certain professions (e.g. drivers of motor vehicles). In addition to mandatory mental health checks, an employer may only request a mental health check if a doctor validates the request as reasonable or necessary.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
An employment agreement may only be changed with the employee’s consent.
However, if the employee’s health condition, as confirmed by a physician, has caused long-term loss of the ability to perform their current job, the employer is obligated to reassign said employee to a different job. If such a reassignment is not possible within the terms of the employment contract, a reassignment can be effected only with the employee’s consent (unless the reassignment is necessary to avert an emergency or to mitigate immediate consequences).
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
This is not specifically regulated.
An employer schedules vacations after consultation with employees and needs to notify them of said schedule at least 14 days in advance. However, an employer is not entitled to schedule vacations in cases where an employee is on meical leave (i.e. declared incapacity to work).
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
The Slovak Labour Code allows for the termination of employment by notice if the employee’s health condition, as confirmed by a medical opinion, has caused long-term loss of the ability to continue to perform their current job.
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SLOVENIA
1. Is mental health addressed/defined by employment legislation in your country?
No.
Mental health is not directly addressed by the employment legislation.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Doctors usually diagnose burnout based on the predominant symptoms (e.g. other anxiety disorders, mixed anxiety and depressive disorder, generalised anxiety disorder etc.).
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
General health checks are mandatory before starting an employment relationship, when changing positions within a company and after ceasing to perform a certain job in a company that lasted more than 12 months.
However, such mandatory health checks usually do not include any psychological assessment or mental health checks, unless requested by the employer (for example as a part of a hiring process).
5. Are mental health checks mandatory in certain circumstances?
Yes, health checks (including psychological examinations) are mandatory for certain professions. These professions are outlined in the relevant regulations that are adopted by the respective Ministries.
Mandatory psychological examinations can be part of the hiring process and also of periodic preventive health checks.
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
An employment agreement may only be changed with the employee’s consent. The employee may request to be transferred to a different position due to their condition (e.g. disability).
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
An employer cannot unilaterally order an employee to use their vacation days when they are experiencing health issues if the employee in question is complying with their contractual obligations.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
However, there is no specific ground for dismissing an employee due to their mental health issues and the process is risky given that the already difficult dismissal proceedings may be further complicated by discrimination allegations and disabled employee protection.
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UKRAINE
1. Is mental health addressed/defined by employment legislation in your country?
No.
Mental health is not directly defined by the employment legislation.
There are only general requirements in this regard; the Labour Code of Ukraine requires employers to take measures to ensure the safety and protection of employees’ mental health.
2. Is burnout addressed/defined by employment legislation in your country?
No.
3. Is burnout regulated as a medical condition/disease for which doctors can issue a medical leave certificate?
No.
Employees, however, can receive medical leave certificates if they have mental conditions that are listed in the codification of diseases. Burnout is not included in this codification.
4. Are mental health checks ordered / requested by the employer possible? If yes, then in what context?
Yes.
The employer can only request mandatory general health check-ups (as specified below), which can include psychiatric examinations.
5. Are mental health checks mandatory in certain circumstances?
Yes.
General health checks (including psychiatric examinations) are mandatory for certain professions, which are listed in the relevant regulations and adopted by the relevant ministries
6. Can an employer (unilaterally and without employee consent) change a job description or other elements of a role in cases where mental health issues are involved?
No.
An employment agreement may only be changed with an employee’s consent. The employee may, however, request to be transferred to an easier job due to his/her health conditions.
7. Can an employer (unilaterally and without employee consent) send an employee on vacation as a result of burnout or similar situations?
No.
An employer cannot unilaterally order an employee to use his/her vacation days in the event of health issues, as long as the employee complies with his/her contractual obligations.
8. Can an employee be dismissed in cases of mental health issues impacting on the delivery of work? Is this a specific ground for dismissal or does it fall under a different generic category, such as underperformance?
Yes.
However, there is no specific ground for dismissing an employee due to mental health issues. An employer is entitled to dismiss an employee due to his/her unsuitability for a position due to a health condition. The dismissal process nevertheless is risky given the already difficult nature of dismissal proceedings, which may become even more complicated due to discrimination allegations and the requirement to protect employees with disabilities.
