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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
