References
Labour Code of 1 February 1999, as amended in 2008
Date:
1 Jan 1970;
Scope
Size of enterprises excluded (≤): none
Art. 4 LC
Workers' categories excluded: army, judiciary
Art. 6 LC
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Art. 45 and 47 LC
Maximum cumulative duration of successive FTCs: 5year(s)
Art. 45 LC
Maximum probationary (trial) period (in months): 3 month(s)
Art. 51 LC
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
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
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
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
Art. 77 LC
Notice period:
Art. 77 (1) LC
Pay in lieu of notice: Yes
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
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
Notification to the public administration No
Notification to trade union (workers' representatives) No
Notification to workers' representatives: No
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
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
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
:
Art. 77 LC
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
:
Art. 77 LC.
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
: 3 month(s)
mine workers: Yes
Art. 290 and 300 LC
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 299 LC - No legal limits for any claim for an individual labour dispute.
managerial / executive positions: Yes
police: No
Art. 294 LC
Art. 296 LC
Existing arbitration: Yes
Art. 265 LC
Definition of collective dismissal (number of employees concerned): 80