FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 95 LC regulates fixed-term contracts of employment.

Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration.

Maximum number of successive FTCs: no limitation

Maximum cumulative duration of successive FTCs: no limitation

Remarks

Art. 95 LC

Maximum probationary (trial) period (in months): 6 month(s)

Remarks

Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.

Obligation to provide reasons to the employee: Yes

Remarks

Art. 115 LC

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Art. 113 LC

Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, language, participation in a lawful strike, lawfully taking leave

Remarks

Art. 114 LC

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities, workers on temporary leave following an occupational disease or a work injury

Notification to the worker to be dismissed: written

Remarks

Art. 115 LC

Notice period:

Remarks

Article 115 LC as amended by Law No. 117-N of 24 July 2010 reads as follows:
“(...) the employer is obliged to notify in written form
the worker who has worked up to one year not later than 14 days prior,
the worker having worked from a year to five years- 35 days prior,
the worker having worked from 5 to 10 years - 42 days prior,
the worker having worked up to 15 years- 49 days prior,
the worker having worked for more than 15 years - 60 days prior. (...)"

tenure ≥ 6 months:

  • All: 14 day(s).

tenure ≥ 9 months:

  • All: 14 day(s).

tenure ≥ 1 year:

  • All: 35 day(s).

tenure ≥ 2 years:

  • All: 35 day(s).

tenure ≥ 4 years:

  • All: 35 day(s).

tenure ≥ 5 years:

  • All: 42 day(s).

tenure ≥ 10 years:

  • All: 49 day(s).

tenure ≥ 20 years:

  • All: 60 day(s).

Pay in lieu of notice: Yes

Remarks

Art. 115 LC - in case of non-respect of the notice period, the employer must compensate the worker for each day of the notice period on the basis of worker' average wage.

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Remarks

Art. 119 provides that any elected representative of workers may be dismissed only with the prior consent of representative body of workers.

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): The collective dismissal for economic reasons is any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months.

Remarks

Art. 116 LC

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: Yes

Remarks

Art. 116: The employer must, 2 months in advance, inform the public employment service on the number of contemplated collective dismissals for economic reasons.

Notification to workers' representatives: Yes

Remarks

Art. 116: The employer must, 2 months in advance, inform workers' representatives on the number of contemplated collective dismissals for economic reasons.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks

Art. 113: Before any dismissal for economic reasons, the employer must propose to the worker any transfer or vocational training within the available possibilities in the enterprise.

Priority rules for re-employment: No

Severance pay:

Remarks

Art. 129 LC

tenure ≥ 6 months: 2 week(s)

tenure ≥ 9 months: 2 week(s)

tenure ≥ 1 year: 2 week(s)

tenure ≥ 4 years: 2 week(s)

tenure ≥ 5 years: 2 week(s)

tenure ≥ 10 years: 2 week(s)

tenure ≥ 20 years: 2 week(s)

Redundancy payment:

Remarks

Art. 129 LC

tenure ≥ 6 months: 1 month(s)

tenure ≥ 9 months: 1 month(s)

tenure ≥ 1 year: 1 month(s)

tenure ≥ 2 years: 1 month(s)

tenure ≥ 4 years: 1 month(s)

tenure ≥ 5 years: 1 month(s)

tenure ≥ 10 years: 1 month(s)

tenure ≥ 20 years: 1 month(s)

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): If the worker's reinstatement is impossible, the tribunal obliges the employer to pay the worker the average wages for the period of the "imposed non-work" since the date of the dismissal.

Remarks

Art. 265 LC

Reinstatement available: Yes

Remarks

Art. 265 LC

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Remarks

Art. 264 LC

Existing arbitration: No

Length of procedure:

Remarks

Art. 265: the worker may bring a complaint about his or her dismissal to the tribunal within the period of two months after receiving the notification about the termination of his or her employment.