FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 95 LC regulates fixed-term contracts of employment (Article 95 amended by HO-117-N of 24.06.10, LA-96-N dated 22.06.15)
Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts)

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 months

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

Remarks

Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.
On temporary work incapacity, see art. 118 LC

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: 0.47 months.

tenure ≥ 9 months:

  • All: 0.47 months.

tenure ≥ 1 year:

  • All: 1.17 months.

tenure ≥ 2 years:

  • All: 1.17 months.

tenure ≥ 4 years:

  • All: 1.17 months.

tenure ≥ 5 years:

  • All: 1.4 months.

tenure ≥ 10 years:

  • All: 1.63 months.

tenure ≥ 20 years:

  • All: 2 months.

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: 0.5 months

tenure ≥ 9 months: 0.5 months

tenure ≥ 1 year: 0.5 months

tenure ≥ 4 years: 0.5 months

tenure ≥ 5 years: 0.5 months

tenure ≥ 10 years: 0.5 months

tenure ≥ 20 years: 0.5 months

Redundancy payment:

Remarks

Art. 129 LC

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 2 years: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

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.