FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Article 18 of the Labour Code

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

Remarks

Article 18 of the Labour Code

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

Remarks

Article 28 of the Labour Code: the probationary period cannot exceed 3 months for workers and 6 months for managerial employees.

Obligation to provide reasons to the employee: Yes

Remarks

Articles 40 and 44 of the Labour Code

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

Remarks

Article 42 of the Labour Code

Prohibited grounds: pregnancy, race, sex, religion, political opinion, social origin, nationality/national origin, disability, language, property, place of residence, ethnic origin

Remarks

Art. 7 LC: prohibition of discrimination in employment based on: nationality, race, sex, origin, property or employment status, residence, language, age, religion, political beliefs, party affiliation or lack of affiliation to any party.

Workers enjoying special protection: pregnant women and/or women on maternity leave, workers with family responsibilities, minors

Remarks

Art. 241 of the Labour Code.
Art. 257 of the Labour Code

Notification to the worker to be dismissed: written

Remarks

Article 44 of the Labour Code

tenure ≥ 6 months:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 9 months:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 1 year:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 2 years:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 4 years:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 5 years:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 10 years:

  • All: 2 week(s).
  • All: 2 month(s).

tenure ≥ 20 years:

  • All: 2 week(s).
  • All: 2 month(s).

Pay in lieu of notice: Yes

Remarks

Article 44(2) of the Labour Code

Notification to the public administration: No

Notification to workers' representatives: Yes

Remarks

Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives

Approval by public administration or judicial bodies: No

Approval by workers' representatives: Yes

Remarks

Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives

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

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.

Notification to the public administration: Yes

Remarks

Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

Notification to workers' representatives: Yes

Remarks

Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: Yes

Remarks

Article 44(6) of the Labour Code: the employer must inform and consult with the trade union and inform the public employment service - two months in advance - about expected mass redundancies.

In addition, Article 45 of the Labour Code: any dismissal for economic reasons or worker's incapacity must be authorised by the trade union or another body of workers' representatives.

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

Remarks

Article 54 of the Labour Code: during collective redundancies, the workers with higher productivity and qualification have the preferential right to keep their job. At equal productivity and qualification, the preference not to be dismissed is given to such categories of workers as workers with the tenure of at least 10 years in the entreprise, people with disabilities, workers with two and more dependants, young specialists etc.

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

Priority rules for re-employment:

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

Article 54 of the Labour Code

tenure ≥ 6 months: 2 month(s)

tenure ≥ 9 months: 2 month(s)

tenure ≥ 1 year: 2 month(s)

tenure ≥ 2 years: 2 month(s)

tenure ≥ 4 years: 2 month(s)

tenure ≥ 5 years: 2 month(s)

tenure ≥ 10 years: 2 month(s)

tenure ≥ 20 years: 2 month(s)

Compensation for unfair dismissal - free determination by court: Yes

Remarks

Article 56 of the Labour Code

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 56 of the Labour Code: the judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.

Reinstatement available: Yes

Remarks

Article 56 of the Labour Code

Reinstatement is the primary remedy for unfair or unlawful dismissal. In addition, the employer has to pay back all foregone earnings, as well as expenses associated with hiring a lawyer. Only in case the employee requests replacing reinstatement by a compensation, can the judge award paying such compensation (the payback and the expenses are still awarded in addition to the compensation).

Preliminary mandatory conciliation: No

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

Existing arbitration: No