Transfer of an employee to alternative work due to health reasons

1 Transfer of an employee to alternative work due to health reasons Abstract This thesis deals with the legal regulation of the institute of transferring an employee to alternative work due to health reasons and its related labor law contexts. The introductory chapter briefly describes the development and legal regulation of the institute of transfer of an employee to alternative work. Attention is focused on the compliance of unilateral transposition with the Charter of Fundamental Rights and Freedoms and the obligations arising from international treaties, as well as the principles of labor and civil law. In addition to that, essential terms for the further discussion of the institute of transfer of an employee are being defined: the type of work, specific description of the type of work and the employer's dispositional power. The second part of the thesis is dedicated to the legal regulation of changes in the content of the employment by agreement and unilateral legal action and in particular, by transfer. The third part focuses on the introduction of basic occupational health concepts, which are used in the following chapters focusing on transfers due to health reasons. Attention is focused mainly on the medical opinion, which is one of the most common and problematic reasons for transferring employees..