A decision by the relevant chamber of the Council of State has attracted attention. It was reported that the council upheld the municipal mayor’s act terminating the employment of a municipal worker by declaring them resigned. After the Council of State confirmed the lower court’s ruling as lawful, further details emerged.
The legal process began when it was determined that the plaintiff had obtained medical certificates from the same physician for more than 40 days within a single year. The Council of State’s ruling, which affects many employees, followed a finding of procedural irregularity. It was emphasized that once the irregularity notification is issued, the employee must return to duty on the next working day.
MORE THAN 40 DAYS OF MEDICAL CERTIFICATES IN A YEAR
After it was found that the plaintiff had received more than 40 days of reports from a single physician in one year, the employee was notified that the medical certificates did not meet the procedures and principles set out in the regulation. Although some notifications were reportedly made in accordance with procedure on the relevant dates, records showed the plaintiff failed to report to duty for periods of 7 days, 10 days and 4 days respectively, each supported by a certificate from the same physician.
The notice emphasized that, when an irregularity is communicated, the employee is required to resume work on the first business day that follows. Because the certificates were deemed procedurally defective, the regulation’s Article 7 was applied: despite the obligation to return on the first working day after notification, the employee did not appear for duty on the specified date, and this failure was established.
ABSENCE OF MORE THAN 10 DAYS COUNTS AS RESIGNATION
The court found that, during the dates in question, the employee abandoned their post without permission or excuse. Since the uninterrupted absence continued for 10 days, it was concluded that the employee should be considered to have effectively requested withdrawal as of that date. In its decision, the Council of State’s 12th Chamber rejected the plaintiff’s appeal and affirmed the Administrative Court’s dismissal of the case for the reasons summarized. The Regional Administrative Court and the Administrative Litigation Chamber’s decisions to deny the appeal were likewise upheld. Accordingly, the judgment confirms that when a medical report is invalidated and the irregularity notice is given, the person whose report is rejected must return to work on the following business day.