As far as concerns the period of protection against dismissal, the employer is not authorised, even on serious grounds, to give notice to an employee of the termination of his employment contract or, where applicable, to send him a convening notice to the pre-dismissal interview, during a maximum period of 26 weeks following the day of occurrence of the incapacity for work, provided that the reporting obligations imposed on the employee are observed in all cases, even during prolongations of his absences on account of sickness.
The maximum period of protection against dismissal of 26 weeks, which runs from the occurrence of incapacity for work, is maintained even in the event of cessation of the right to the maintenance of wages, provided however that the employee seeks a remedy within a period of 40 days against the decision of the CNS which gave rise to the cessation of the right to maintenance of wages.
In such case, the employee will continue to be protected against dismissal for 26 weeks so long as there is no decision that has become res judicata taken by the management committee of the CNS or by the Arbitration Council (first instance) or by the Higher Council (appellate proceedings) which confirmed the refusal decision.
An employee who has not brought an action against the refusal decision of the CNS will cease to enjoy protection against dismissal on expiry of the period for bringing an action of 40 days, running from the notification of the CNS’s decision, even if the protection period of 26 weeks is still running.
It should be noted that the CNS informs the employer in the event of an action brought by the employee against the refusal decision and that the employer may at any time approach the CNS to obtain information regarding the date of notification of the refusal decision sent to the insured person that caused the time limit for bringing an action to start running.