A disabled manager may not work at night

09.07.2010 Publications

The legislative Act of 27 August 1997 regarding vocational and social rehabilitation and employment of disabled persons lays down detailed regulations concerning employment of workers with disabilities. Provisions of this Act take precedence over those of other legal instruments, particularly the Labour Code. Seeing as night time work is, by its very essence, contrary to the natural circadian rhythm of the human body, the Act is meticulous in safeguarding the health of disabled employees working at night. It employs the simple device of proscribing – in art 15.3 – nighttime work and overtime work by disabled persons, whatever the degree of their disability. This blanket proscription applies not only to regular employees, but also to disabled persons employed in managerial or oversight capabilities. Certain exceptions do apply, however. Under art 16.1.1 of the Act, a disabled person may work as a night watchman. Also, the general proscription shall not apply where the occupational medicine professional performing preventative examinations of employees, or the physician caring for the given disabled person, permits nighttime work by such person at that person’s request; where the disables person applies for such permission, the cost of her/his examination shall be borne by the employer. (…)

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