D6a29 - What is the situation if the medical certificate and the dismissal or the convening notice to the pre-dismissal interview overlap?

In such case, it is important to determine whether or not, at the time of the dismissal, the employer was aware of the employee’s incapacity for work.

It is thus incumbent upon an employee who contends that at the time of the dismissal he was protected to prove that his employer was aware of his incapacity for work when the dismissal letter was sent.

If the convening notice to the pre-dismissal interview is dispatched, or if notice of dismissal is given, at a time when it has not been proved that the employer was aware of the employee’s incapacity for work, in such cases protection under Article L.121-6 cannot be relied upon.

Nota Bene

That being the case, employers are advised to secure confirmation of the exact time at which the dismissal letter was delivered to the postal authorities.

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