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(1) LC: pregnant women, single parent and other breadwinners people raising children under the age of 3, workers who temporarily lost their ability to work, workers with diabetes or scattered sclerosis, member of the trade union or political party, workers with limited health capabilities under the age of 18 or with severe disability, during negotiations of collective bargaining.

Prohibited ground for a dismissal on the basis of race, sex, religion, together with other grounds are listed in Article 16(1) LC on “Inadmissibility of discrimination in labour relations”

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

Article 75 LC provides that the employer has to comply with the employment contract in writing. No explicit provision in the LC stating that the notification has to come in writing.

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: Yes

Remarks

Article 17(2) of the Law on Employment: the employer has to inform, 2 months in advance, the public service of employment about any contemplated redundancies.

Notification to workers' representatives: Yes

Remarks

Law on Trade Unions of 1994:
Article 11. Right of trade unions to defend labour rights.
...Where the closure of an enterprise or its subdivisions at the initiative of the management may lead to a complete or partial cessation of production, workforce reductions or a deterioration of working conditions, such measures, with the exception of cases provided for by the law, shall not be carried out without prior notice of not less than three months to the trade unions concerned, and consultations with them concerning the safeguarding of workers' rights and interests.

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