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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 or has in his possession a medical certificate no later...

Provided that the reporting obligations incumbent on the employee are complied with in all cases, even during extensions of absence on account of sickness, the employer is not authorised, even on serious grounds, to give notice to an employee of...

the employee fit for work, the employer may not draw hasty conclusions from it and dismiss the employee on the view that he is not sick. In fact, the certificate drawn up by that doctor does not take precedence over...

An employee who is incapable of working is entitled to full maintenance of his wages and other advantages deriving from his employment contract until the end of the calendar month in which falls the 77th day of incapacity for work...

A pregnant woman is only exempt from night work if she expressly requests an exemption from her employer and if her health or safety is at risk. The same applies to breastfeeding women, but they will only be able to...

A work organisation plan (WOP) covering foreseeable activity of the company must be designed so as to enable every employee, and his direct hierarchical superior, to ascertain unequivocally the work schedule applicable to him; it does not however have to...

Everything depends on whether the change to the WOP occurs after the employer has observed the notice period of 3 days. The employer has observed the 3-day notice period before the event The employee cannot refuse a change to the...

Even if the employer refuses the medical certificate, the employer is duly advised (provided that the employee has complied with the reporting obligation within the legal time limits) and is not therefore authorised to dismiss his employee.

If the employee has a medical certificate from his doctor attesting to his incapacity for work and where the doctor of the Social Security Medical Board, or the doctor chosen by the employer in connection with a medical counter-examination, declares...

The law does not provide for any special leave for medical examinations. However, certain collective agreements exist which grant special leave or an absence from service authorised for a medical examination. In the absence of special leave, the employee must...

Yes. If an employee is found by the Social Security Medical Board (CMSS) to be fit for work or where for some other reason the right to maintenance of wages or the right to a pecuniary sickness allowance ceases (for...

No. The presentation of a certificate of incapacity for work following receipt of the letter convening the employee to the pre-dismissal interview does not in any way affect the validity of the dismissal procedure embarked upon. Once the letter convening...

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...

The provisions on the employment of persons who are pregnant, or have recently given birth or are breastfeeding apply to all women, without distinction as to age or nationality, married or otherwise, who are bound by an employment contract or...

No. Pregnant and breastfeeding women cannot be required to work overtime.