Today - even in Germany - online doctor visits and orders from online pharmacies have become routine tasks for some people. Here, too, a number of less reputable providers have established themselves, issuing medical certificates and prescriptions for a fee without adhering to the prescribed procedures.
Obtaining a medical certificate of incapacity for work quickly - without actually consulting a doctor - can cost you your job. A Regional Labor Court has already confirmed that this can constitute grounds for immediate termination. In 2025, the Labor Court of Hamm ruled accordingly (14 SLa 145/25).
The employee visited a relevant website and went through the procedure without consulting a physician. Within the online system, a questionnaire requested information regarding symptoms—such as fever—as well as the nature of the work performed and the intensity of physical exertion involved in the job. Subsequently, a certificate of incapacity for work was issued to the employee. The document noted that the assessment had been conducted via a questionnaire, and under the section for the attending physician, it listed only the generic designation "Private Physician." The employee submitted this certificate of incapacity - which had been issued using a standard template - to his employer.
Compounding the issue was the fact that the external appearance of the certificate reinforced the assumption that a prior medical consultation had taken place. Moreover, the design of this "express certificate" created the impression that it was a certificate of incapacity for work that had been properly issued in accordance with generally accepted medical standards. In this particular instance, the employee himself was fully aware that no medical assessment in the prescribed form had actually taken place.
- In this instance, the certificate of incapacity for work is deemed to have been obtained fraudulently, which may constitute grounds for extraordinary termination.
- According to the Guidelines on Incapacity for Work, the determination of incapacity for work requires medical contact. This contact may be in person or "indirectly in person" - specifically, in the form of a video consultation or a medical history interview conducted by telephone.
Users of relevant online services should always be aware of these determinants.
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Sources
Labor Court of Hamm, Germany in decision 14 SLa 145/25