Termination Validity During Partial Incapacity Under Article 336c(1)(b)

The court addressed the validity of a termination issued while an employee was partially incapacitated due to illness, specifically concerning the statutory protection period under Article 336c(1)(b) of the Code of Obligations. The court reasoned that this protective period applies only when the duration and extent of the incapacity make securing new employment by the time the ordinary notice period expires "highly improbable." Because the medical certificate indicated the employee was only unfit for night shifts and could perform regular daytime work, and the employee himself indicated a desire to seek future employment in a different field, the court found that the partial incapacity did not prevent him from finding new work, thus rendering the statutory protection period inapplicable and upholding the original termination as valid.