FTC regulated: Yes

Remarks

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.

Valid reasons for FTC use: no limitation

Remarks

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.

Maximum number of successive FTCs: 2

Remarks

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.
Fixed-term contract can only be renewed once

New in 2010: The former exception to this rules regarding "fixed-term contract of a short duration" which could be renewed more than once, provided the cumulative duration did not exceed 2 years, was removed from Art. 23 LC by Order No. 018/PR/2010.

Maximum cumulative duration of successive FTCs: 48months

Remarks

Maximum duration of a FTC: 24 months renewable once (Art. 23 LC as amended in 2010 by Order No. 018/PR/2010).

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

Remarks

Art 30 LC establishes a maximum statutory probation period that varies according to the category of worker, as follows:
* 6 months for executive staff
* 3 months for white collars, technicians and supervisors
* 1 month for the other workers.

Obligation to provide reasons to the employee: Yes

Remarks

- Dismissal based on personal reasons: Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010.
- Economic dismissal (consultation procedure): Art. 59 LC.

Valid grounds (justified dismissal): any fair reasons

Remarks

Art. 50 LC.

Prohibited grounds: pregnancy, maternity leave, filing a complaint against the employer, race, colour, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities

Remarks

Art. 8 LC on non-discrimination.
Art. 74 LC on unfair dismissals.
Art. 170 LC on pregnant women.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave

Remarks

Art. 294 and Art. 170 LC.

Notification to the worker to be dismissed: written

Remarks

Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010: written notification to attend an oral interview.
Art. 53 LC: dismissal letter.

Notice period:

Remarks

According to art. 65 LC, the statutory minimum notice period varies according to the length of service, as follows:
- up to 1 year of service: 15 days;
- from 1 to 3 years of service: 1 month;
- from 3 to 5 years of service: 2 months;
- from 5 to 10 years of service: 3 months;
- from 10 to 15 years of service: 4 months;
- from 15 to 20 years of service: 5 months;
- from 20 to 30 years of service: 6 months.
Above 30 years, an increase of 10 days per year of length of service is granted.

tenure ≥ 6 months:

  • All: 0.5 months.

tenure ≥ 9 months:

  • All: 0.5 months.

tenure ≥ 2 years:

  • All: 1 months.

tenure ≥ 4 years:

  • All: 2 months.

tenure ≥ 5 years:

  • All: 3 months.

tenure ≥ 10 years:

  • All: 4 months.

tenure ≥ 20 years:

  • All: 6 months.

Pay in lieu of notice: Yes

Remarks

Art. 69 LC.

Notification to the public administration: No

Remarks

Except for any:
* Individual dismissal based on economic grounds: Art. 56 LC;
* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
* Dismissal of a workers' representative: Art. 294 LC.

Notification to workers' representatives: No

Remarks

However, such notification is mandatory in case of any individual dismissal based on economic grounds: Art. 59 LC.

Approval by public administration or judicial bodies: No

Remarks

However, approval by the administration is required for any:
* Individual dismissal based on economic grounds: Art. 56 LC;
* Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
* Dismissal of a workers' representative: Art. 294 LC.

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): No statutory definition of collective dismissal.
However, the Labour Code provides for a definition of economic grounds and refers to more than 1 employee

Remarks

Art. 50 LC: definition of economic reasons.
Art 56 LC: any individual or collective dismissal for economic reasons.

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

Remarks

Art. 59 LC.

Notification to the public administration: Yes

Remarks

Art. 56 LC.

Notification to workers' representatives: Yes

Remarks

Art. 59 LC.

Approval by public administration or judicial bodies: Yes

Remarks

Art. 56 and 57 LC.
Approval by the Labour Inspector is required for any individual or collective dismissal on economic grounds.

Approval by workers' representatives: No

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

Remarks

Art. 59 LC.

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

Remarks

Art. 59 LC.
In addition, art. 59 provides for a social plan for dismissed workers to be established in collaboration with the National Employment Office. However, the adoption of a social plan is only mandatory in case of a dismissal affecting at least 10 employees.

Priority rules for re-employment: Yes

Remarks

Art. 60 LC: preferential right to re-employment for 1 year.

Notes / Remarks

Notes

The procedures established by the LC apply to both individual and collective dismissals based on economic grounds (except for the social plan that is only mandatory when the dismissal affects at least 10 employees).

Severance pay:

Remarks

Arts. 70 and 73 LC:
A worker is entitled to severance pay provided he has been employed for at least two years and he has not committed any serious misconduct.
Severance pay corresponds, as a minimum, to 20 % of the monthly overall wages per year of service.

tenure ≥ 6 months: 0 months

tenure ≥ 9 months: 0 months

tenure ≥ 1 year: 0 months

tenure ≥ 4 years: 0.8 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 2 months

tenure ≥ 20 years: 4 months

Redundancy payment:

Remarks

See Art. 70 and 73 LC.
Severance pay covers economic dismissals. The only difference lies in the years of service required to be entitled to severance pay
If a worker is dismissed for economic reasons, he or she will receive severance pay provided he has been employed for at least 1 year and he has not committed any serious misconduct. [2 years of service is required for dismissals based on other reasons]. Severance pay corresponds, as a minimum, to 20 % of the monthly overall wages per year of service.

tenure ≥ 6 months: 0 months

tenure ≥ 9 months: 0 months

tenure ≥ 1 year: 0.2 months

tenure ≥ 2 years: 0.4 months

tenure ≥ 4 years: 0.8 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 2 months

tenure ≥ 20 years: 4 months

Compensation for unfair dismissal - free determination by court: Yes

Remarks

Art. 75 LC (unfair dismissal).

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Unfair dismissal: free determination by the Court.

Remarks

Art. 75 LC and 55 LC.

Reinstatement available: Yes

Remarks

Only for workers' representatives: Art. 294 LC. Reinstatement is not available to workers not falling within this category.

Preliminary mandatory conciliation: Yes

Remarks

Art. 314 LC: Extra-judicial conciliation shall take place before the Labour Inspector before the claim is brought to the court.
Art. 334 LC: Preliminary mandatory conciliation is part of the procedure before the Labour Court.

Competent court(s) / tribunal(s): labour court

Remarks

Art. 318 LC.

Existing arbitration: No