The assessment of the compatibility or incompatibility of the activities carried out by a worker during a temporary incapacity (sick leave) is not limited to the medical assessment of the impact of these activities on the employee's recovery (whose condition is usually unknown to the company). The key factor is whether, with these activities, the affected person's ability to work can be demonstrated, contradicting their official medical leave status.

To ensure this analysis is not subjective, the courts use the Professional Assessment Guide of the National Institute of Social Security (INSS) . This is a tool that provides an objective and impartial criterion for comparing the psychophysical requirements of the worker's usual profession with the tasks and activities they perform while on sick leave.

This tool includes, mainly:

• 502 occupations. Professional profiles for all occupations included in the National Classification of Occupations (CNO-11).

• 28 requirements. For each occupation, the necessary psychophysical skills are analyzed, divided into areas (such as physical load, mental load - communication, decision-making, and pressure -, biomechanical load, vision, and hearing...).

• Scale from 1 to 4. Each requirement is measured on a scale ranging from low to high demand (grade 1: low; grade 2: moderate; grade 3: medium-high; grade 4: very high).

All this allows for an objective judgment to determine if a worker has an ability that contradicts their sick leave status, as the specific illness does not matter (which the company usually does not know); what matters is whether the worker's behavior reveals that they are capable of performing the tasks of their usual position (if the affected person can perform tasks outside the company with a similar or equivalent demand to those of their contract, they are engaging in simulation or fraud, justifying their disciplinary dismissal).

 

Our professionals will inform you about any doubts you may have regarding incompatibilities with sick leave.