The dismissal, whether with notice or with immediate effect, of an employee who suffers incapacity for work and who has properly fulfilled his reporting obligations is unfair.
The employee may claim damages.
Unless the employer and the employee reach a settlement bringing their dispute to an end, legal proceedings to redress the unfair termination of the employment contract must be commenced with the competent labour court, or else be time-barred, within a period of 3 months following notification of the dismissal or of the reasons for it.