Yes.
An employee who has observed those 2 obligations is protected against dismissal.
In fact, an employer who is informed on the 1st day of the absence of his employee and has in his possession a medical certificate no later than the 3rd day of absence is not authorised, even on serious grounds, to give notice to an employee of the termination of his employment contract.
This protection, throughout the sickness, prevents any:
- dismissal with immediate effect;
- dismissal with notice.
It is to be noted that the prohibition of dismissal covers full days and that the right to dismiss is restored only on the first working day following the last day covered by the sickness certificate.
Nota bene
Limits of protection
Protection is not however applicable where:
- the duly declared incapacity for work is the consequence of a crime or misdemeanour in which the employee participated voluntarily;
- the incapacity for work is notified to the employer after receipt of the letter convening the employee to a pre-dismissal interview or of the dismissal letter, except in the case of urgent hospitalisation of the employee.
However, in the latter case, if the employee is urgently hospitalised, the presentation of a medical certificate within 8 days following hospitalisation renders the dismissal letter or the letter convening him to a pre-dismissal interview null and void.