FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 45 and 47 LC

Maximum cumulative duration of successive FTCs: 5year(s)

Remarks

Art. 45 LC

Maximum probationary (trial) period (in months): 3 month(s)

Remarks

Art. 51 LC

Obligation to provide reasons to the employee: Yes

Remarks

Art. 71 (3) and Art. 76 LC

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

Remarks

Art. 70 LC

Prohibited grounds: pregnancy, maternity leave, family responsibilities, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, parental leave, state of health

Remarks

Art. 79 LC on the prohibited grounds for dismissals in all cases, except in case of the liquidation of the enterprise.

Art. 16 LC provides a general prohibition of any discrimination on several grounds, including citizenship, sex, race, nationality, language, place of residence, economic standing, social origin, age, family circumstances, religion, political views, affiliation with trade unions or-other public associations, professional standing, beliefs, or other factors unrelated to the professional qualifications, job performance, or professional skills of the employees.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities, workers performing military/alternative service, minors

Remarks

Art. 80 LC - the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

Notification to the worker to be dismissed: written

Remarks

Art. 77 LC

Notice period:

Remarks

Art. 77 (1) LC

tenure ≥ 6 months:

  • All: 2 month(s).

tenure ≥ 9 months:

  • All: 2 month(s).

tenure ≥ 2 years:

  • All: 2 month(s).

tenure ≥ 4 years:

  • All: 2 month(s).

tenure ≥ 5 years:

  • All: 2 month(s).

tenure ≥ 10 years:

  • All: 2 month(s).

tenure ≥ 20 years:

  • All: 2 month(s).

Pay in lieu of notice: Yes

Remarks

Art. 77 (4) LC

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

However, according to art. 80 LC, the employer has to obtain the authorization of the trade union to dismiss a member of that trade union.

Definition of collective dismissal (number of employees concerned): No statutory definition

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

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

However, according to art. 80 LC, the employer has to obtain the authorization of the trade union to dismiss a member of that trade union.

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks

Art. 78 LC - the employer defines the list of workers to be dismissed for economic reasons.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Severance pay:

Remarks

Art. 77 LC

tenure ≥ 6 months: 3 month(s)

tenure ≥ 9 months: 3 month(s)

tenure ≥ 1 year: 3 month(s)

tenure ≥ 4 years: 3 month(s)

tenure ≥ 5 years: 3 month(s)

tenure ≥ 10 years: 3 month(s)

tenure ≥ 20 years: 3 month(s)

Redundancy payment:

Remarks

Art. 77 LC.

tenure ≥ 6 months: 3 month(s)

tenure ≥ 9 months: 3 month(s)

tenure ≥ 1 year: 3 month(s)

tenure ≥ 2 years: 3 month(s)

tenure ≥ 4 years: 3 month(s)

tenure ≥ 5 years: 3 month(s)

tenure ≥ 10 years: 3 month(s)

tenure ≥ 20 years: 3 month(s)

Compensation for unfair dismissal - free determination by court: Yes

Remarks

Art. 290 and 300 LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks

Art. 299 LC - No legal limits for any claim for an individual labour dispute.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Remarks

Art. 294 LC

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

Remarks

Art. 296 LC

Existing arbitration: Yes

Remarks

Art. 265 LC

% of dismissals out of the total number of disputes: 80