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The impact of disease on the individual employment contract

First: The impact of non-implementation of the worker for his commitment to the employment contract
The worker's illness is an emergency situation and are opposed to heal and then it is a temporary force majeure prevent the Group from meeting its commitment to the employer under a contract of unilateral action in this case depends not become null and void the contract of employment remains in force despite the contract of employment and when to stop cause of the endowment returned an employment contract to produce all its effects may not change any of the items because of the suspension, the unilateral implementation of the commitments in the sense of reciprocity as if the contract did not stop.
Second: The impact of the stay on the fixed-term contract
If the worker returned for the implementation of his obligations after the period of suspension due to illness and prior to the termination of the contract for there is no dispute that expire by the fixed-term contract but the difference appears when a disease duration of the stay part of his fixed-term contract extends beyond the specific solutions, and we believe that this situation exception has been addressed by the Labor Code in the desire of the legislature to keep the source of income for a worker and an entity in order to preserve his family and especially since the employer is obliged to pay compensation for the worker other than the suspension.
Sickness Insurance
It has become the social security system of our age, an essential element of interdependence, social security and Article 17 of the Egyptian constitution of 1971 "that the State guarantees the social insurance services, health and disability pensions, unemployment and old age for all citizens according to law" It has become compulsory social insurance and the government has canceled the optional insurance funds in the issuance of Law No. 79 of 1975, which was amended several times. The objective of the insurance system disease: disease, faces a secure treatment group and a prescription drug and surgical specialists and services in addition to the compensation of the worker pay during sick leave and co-worker with the employer in securing the financing of the disease, knew that this type of insurance for the first time in Egypt when the law was passed No. 63 of 1964 and was called the Health Insurance In the area of legislative development was the Social Insurance Act 79 of 1975, as amended, and raise the burden on employers treat workers and provide drugs for them and pay for their vacations to participate in the insurance application includes all employers subject to the legislation without the requirement of a certain number of employed workers.
Sickness insurance fund
The sickness insurance is funded from the monthly contributions at 5% of monthly wages of the insured are divided to 4% of the employer's share and distribute as follows 3% for treatment and medical care and 1% for performance pay and compensation, travel expenses 1% share of the insured (Article 72) and may reduce the share of the Work to 1% in the private sector under the following conditions to obtain approval of the Minister of Social Solidarity and entrust the performance of the employer pay compensation and expenses of the mobility of the patient to the hospital (in this case reduced contribution rate to 3% instead of 4%), and the employer promised to treat the patient and medical care In accordance with the terms and conditions established by the Minister of Health decree in this case reduced the proportion of medical care and treatment to 1% and if the employer a medical activity such as hospitals and the like and if the nature of the installations, require constant movement inside and outside Egypt, such as airlines or oil companies to drill wells and if headquarters was established in a remote area not available to the body by the possibilities of treatment.
The application of sickness insurance
Workers subject to the provisions of the new Labor Law No. 12 of 2003, are the people who work for remuneration of any kind under the management authority or supervision of an employer whether a second nature or a legal entity and requires the availability of the following conditions: Not be less than the age of 18 at the joining of work - To be a regular working relationship.
How to prove illness
The disease burden of proof falls on the worker in the Labor Law article 81. The worker must notify the employer of illness since the appearance and prove it by a medical certificate. But the question arises, what happens if the worker is not insured against illness?
Important warning notes to the worker
No employer is obligated to pay the fee of a doctor or Specialist chosen by the worker, he doesn't even have to pay the fees for operations, analysis and x-rays without reference by the doctor of the established. Sick leaves begin from the date the worker reports his illness, and the absence days before that are not included in the sick leaves unless they can be proven. Vacations and official weekends are considered within the sick leave.
Sick leave in the old Labor Code
Article (50) of this law gives the worker who proves his illness the right to sick leave with pay equivalent to 75% of his wage for the first 90 days, rising to 85% for the next 90 days during one year. The employer may not terminate the worker due to illness only after the exhaustion of the period referred to Article 51 of this law.
The New Labor Law
Stated in the draft law article no. 54 (for the sick worker who has the right to sick leave as determined by the laws of social insurance, he has the right to benefit from his holiday annual, along with what he deserves from sick leave, he can ask to convert the sick leave to vacation if his balance allows that. The employer is obliged to pay the worker his fees as if he is still at work)
Sick leaves for common diseases
Common diseases mean regular pain and diseases that afflict the worker but are not related to occupational diseases or work injuries, like common cold that force the worker to stay at home for several days, or may be the result of an operation that force the worker to stay at home for several months. The maximum duration of maternity leave is 180 days per year, which is calculated from the date of employment. The worker has the right to be paid an equivalent to 75% of his wage for the first 90 days, rising to 85% for the next 90 days.
Sick leaves for chronic diseases
Under Article 51 of the old law, a worker with a chronic illness deserves a sick leave on full pay until he recovers, his condition is stable or prove a total inability of practicing any profession or work.
Sick leaves due to work injury
Work injuries are listed in table No. (1) attached to the Social Insurance Act no. 79 for the year 75 or injury caused by an accident which occurred during the performance of duty or because of an accident on the road while going to or from work .. The employer has no right to terminate the contract duration the unilateral treatment of the worker, unless it took more than 180 days in case the contract had no time limitation, but if the contract had time limitation, the employer has no right to terminate the contract unless the contract period has ended.