Notification to the worker to be dismissed: written

Remarks

- Individual economic dismissal: art. 232 GLA.
- Disciplinary dismissal: art. 52(2) GLA.

Notice period:

Remarks

Art. 232 GLA: The period of notice for individual economic dismissals is at least 60 days for executives and high-level and medium-level technicians and 30 days for any other professional group.
Article 244(2) GLA provides the similar rule for collective dismissals.
No notice is required for disciplinary dismissals.

tenure ≥ 6 months:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 9 months:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 2 years:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 4 years:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 5 years:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 10 years:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

tenure ≥ 20 years:

  • All: 30 day(s).
  • executives, high-level and middle-level technicians: 60 day(s).

Pay in lieu of notice: Yes

Remarks

Art. 234(3) GLA: Pay in lieu of notice for individual economic dismissal.
No notice for disciplinary dismissal.

Notification to the public administration: Yes

Remarks

- Individual economic dismissals (= those concerning less than 5 workers):
Notification to and authorization from the provincial office of the Ministry of Labour is required only if the employees' representatives oppose the dismissal(s). (art. 231 GLA)

- Disciplinary dismissals: no such prior notification to the administration.

The authorization of the General Labour Inspectorate is however, always required for any disciplinary or economic dismissal which affects a protected worker ( war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

Notification to workers' representatives: Yes

Remarks

- Individual economic dismissal (= those concerning less than 5 workers):
The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions (art. 231 GLA).

- Disciplinary dismissals: no such notification required. However, the employee has the right to be assisted by another employee or a member of the trade union to which he or she is affiliated during the preliminary interview (art. 50(2) GLA). If the employee is a trade union member or a workers' representative, a copy of the dismissal notice shall be sent to the trade union or the representative body concerned.

Approval by public administration or judicial bodies: No

Remarks

- Individual economic dismissals (= those concerning less than 5 workers): The labour administration will not be involved if the employee's representatives approve the dismissal.
However, if the employees' representatives oppose the dismissal(s) and the employer maintain his/her decision to carry out the dismissal(s), he/she shall obtain the authorization form the provincial office of the Ministry of Labour which shall issue a decision within 10 days of the submission of the employer's request. In case the employer's request is rejected by the provincial office, the employer can still challenge the office's decision before the competent national director of industrial relations who will issue a final decision within 15 days.
- Disciplinary dismissals: no approval by the administration.

- The authorization of the General Labour Inspectorate is always required for any disciplinary or economic dismissal which affects a protected worker (war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

Approval by workers' representatives: Yes

Remarks

- Individual economic dismissal (= those concerning less than 5 workers):
The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions. The employee's representatives must issue a substantiated written decision within 7 days opposing or accepting the dismissal in which they analyse the reasons and the measures invoked by the employer and may suggest practical solutions.
If they accept the dismissal, it will be carried out according to the agreed terms.
If they oppose the dismissal and the employer maintain his/her decision to carry out the dismissal, he/she shall obtain the authorization form the provincial office of the Ministry of Labour (art. 231 GLA).

- Disciplinary dismissals: no approval required.

Definition of collective dismissal (number of employees concerned): A dismissal is deemed collective if it concerns the termination of employment of five or more workers during the period of three months.

Remarks

Art. 238 GLA.

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

Remarks

Art. 240 GLA: the employer must endeavour to conduct at least three meetings with the employee's representatives in order to search for measures aimed at preventing or reducing the extent of the dismissal. If an agreement is reached, it shall be final. If no agreement is reached, a written statement indicated the reasons for the absence of agreement and the alternative solutions proposed by the employees' representatives shall be drawn.
The outcome of the consultation shall be communicated in writing to the provincial office of the Ministry of Labour.

Notification to the public administration: Yes

Remarks

Art. 239 GLA: When an employer intends to carry out a collective dismissal, he/she must notify the employee's representatives and the provincial office of the Ministry of Labour. Such notification shall include:
- a description of the economic, technological and structural reasons underlying the collective dismissal;
- the intended measures relating to the reorganization or the reduction of activities;
- the number of workers affected by the dismissal;
- the selection criteria;
- other information necessary to assess the situation, the necessity and the size of the dismissal.

Notification to workers' representatives: Yes

Remarks

Art. 239 GLA: When an employer intends to carry out a collective dismissal, he/she must notify the employee's representatives and the provincial office of the Ministry of Labour. Such notification shall include:
- a description of the economic, technological and structural reasons underlying the collective dismissal;
- the intended measures relating to the reorganization or the reduction of activities;
- the number of workers affected by the dismissal;
- the selection criteria;
- other information necessary to assess the situation, the necessity and the size of the dismissal.

Approval by public administration or judicial bodies: Yes

Remarks

Art. 241 GLA:
If the parties fail to reach an agreement, within 10 days after the consultations ended, the provincial office of the Ministry of Labour shall convene a meeting with both parties and attempt to seek the agreement of the parties as to the execution or non-execution of the dismissal, and the extent of it.
The representative of provincial office of the Ministry of Labour must inform the employer and the workers' representatives whether or not he/she rejects the dismissal and state the reasons for his/her decision.
In absence of notification, he/she is deemed to have accepted the dismissal.
Art. 242 GLA: If the representative of provincial office objects to the collective dismissals, the employer can resort to the Director of collective request, the employer can resort to the competent director of industrial relations or the Ministry of Labour if the dismissal affects at least 25 workers. The competent authority will issue a final decision rejecting or authorizing the dismissal within 15 days of the employer's request.

Approval by workers' representatives: No

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

Remarks

Art. 233 and 243 GLA: when deciding which workers are to be maintained, preference shall be given by the employer to the most qualified worker, and in case of equal qualifications, to the employee with the highest seniority.
Workers receive an additional one year of seniority per each child under the age of 14.
Note that the above-mentioned criteria also apply to the economic dismissals which do not fall within the definition (threshold levels) of collective dismissal.

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

Remarks

Art. 240 GLA: During the consultation process, the parties shall attempt to search for measures aimed at avoiding or reducing the extent of dismissal.

On individual economic dismissals (less than 5 workers concerned): see art. 231 and 234 GLA.

Priority rules for re-employment: No

Severance pay:

Remarks

No severance pay following a disciplinary dismissal.
However workers dismissed by way of individual or collective economic dismissal are entitled to redundancy pay (see below).

tenure ≥ 6 months: 0 month(s)

tenure ≥ 9 months: 0 month(s)

tenure ≥ 1 year: 0 month(s)

tenure ≥ 4 years: 0 month(s)

tenure ≥ 5 years: 0 month(s)

tenure ≥ 10 years: 0 month(s)

tenure ≥ 20 years: 0 month(s)

Redundancy payment:

Remarks

Arts. 261 GLA: In case of dismissal for reasons relating to the employer (= economic, technological and structural reasons), the worker is entitled to a redundancy payment calculated as follows: one month's wages for each year of service, within the limit of 5 years, this sum being complemented by 50% of the same monthly salary for each year of service exceeding 5 years of service. Both workers dismissed by way of collective dismissal and workers dismissed by way of individual economic dismissal are entitled to the above-mentioned redundancy payment.

tenure ≥ 6 months: 0 month(s)

tenure ≥ 9 months: 0 month(s)

tenure ≥ 1 year: 1 month(s)

tenure ≥ 2 years: 2 month(s)

tenure ≥ 4 years: 4 month(s)

tenure ≥ 5 years: 5 month(s)

tenure ≥ 10 years: 7.5 month(s)

tenure ≥ 20 years: 12.5 month(s)

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): 1) Disciplinary dismissals:
-Unfair disciplinary dismissal: compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 265 GLA
In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (arts. 229 GLA).
- If the disciplinary dismissal was based on prohibited grounds (see above - 'substantial requirements') or did not follow the required procedural rules (call for an interview, notice of dismissal), it will be declared null by the Court, and the employee will be reinstated. The employee must receive back pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
2) Economic dismissals:
- Individual dismissals:
In the event of an unfair individual economic dismissal (objectives reasons exist, but the the unfairness results from the following elements: refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, compensation in lieu of reinstatement shall amount to 50% of the monthly wages for each year of service. (arts. 237 and 263 GLA).
If the employer did not obtain the required authorizations (authorization for carrying out the dismissal, or authorization for dismissing workers who special protection), compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages. (arts. 237(4) and 265 GLA)
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA)
- Collective dismissals:
In the event a collective dismissal is declared unlawful (a just cause exist but the unlawfulness results from one the following elements: absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the worker shall be awarded compensation in lieu of reinstatement in addition to redundancy payment. Such compensation shall amount to 50% of the monthly wages for each year of service. (arts. 248 and 263 GLA)
If the reasons alleged by the employer for carrying out collective redundancies were proved non-existent, or if the employer did not observe the priority rules for dismissals when selecting the employees, compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 248(4) and 265 GLA).
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA).

Reinstatement available: Yes

Remarks

1) Disciplinary dismissals:
- Reinstatement is available in the event of an unfair disciplinary dismissal. If the employee does not wish to be reinstated, he or she will be awarded compensation for unfair dismissal. In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229 GLA).
- Any disciplinary dismissal which is based on prohibited grounds (see above - 'substantial requirements') or which did not follow the required procedural rules (call for an interview, notice of dismissal) will be declared null by the Court. As a result, the employee shall be reinstated and receive pack pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
2) Economic dismissals:
- Individual dismissal:
In the event of unfair individual economic dismissal (i.e: absence of the required authorization, refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, absence of authorization for the workers who enjoy special protection), the dismissed worker is entitled to be immediately reintegrated to his/her job. If he/she does not wish to be reinstated or if reinstatement is not possible, he/she will be awarded compensation. In both cases, the worker will receive back pay within a limit of 9 months' wages (art. 237 GLA).
- Collective dismissals:
In the event a collective dismissal is declared unlawful (absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the employer must reinstate the employee, unless reinstatement is not possible or the employee does not wish to be reinstated. In addition, the employee shall receive back pay from the date of the dismissal until the date of the court's decision (art. 248 GLA).

Preliminary mandatory conciliation: No

Remarks

The GLA provides for preliminary mandatory conciliation of individual labour disputes (art. 307 GLA). Conciliation is conducted by the provincial conciliation body dealing with labour disputes which is part of the provincial Public Prosecutor office (art. 308 GLA).
However, according to art. 307 GLA, there is no mandatory conciliation when the dispute relates to the following matters:
- Nullity of the individual disciplinary dismissal, that is in the event the employee alleges that the employer failed to observe the procedural requirements for such dismissal (e.g oral interview) or that the dismissal was based on prohibited grounds.
- Absence of the authorization required for any individual dismissal based on objective grounds (economic, technological or structural reasons)
- Unlawful collective dismissal because the employer failed to prove the existence of economic, technological or structural reasons, or because he/she did not follow the proper procedure.

For any other dismissal-related disputes, preliminary conciliation shall be carried out.

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

Remarks

The Labour Chamber of the Provincial Courts (Sala do Trabalho dos Tribunais Provinciais) has jurisdiction over individual labour disputes: art. 306 GLA.

Existing arbitration: No

Remarks

No information found in the legislation reviewed.