Valid reasons for FTC use: no limitation

Remarks

Art. 6 LC

Maximum number of successive FTCs: no limitation

Maximum cumulative duration of successive FTCs: no limitation

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

Remarks

Art. 9 LC

Obligation to provide reasons to the employee: Yes Valid grounds (justified dismissal): none

Remarks

Art. 37 LC

Prohibited grounds: pregnancy, maternity leave, family responsibilities, temporary work injury or illness, race, colour, sex, sexual orientation, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, performing military or civil service, property, birth, exercise of the right to educational leave, lawfully taking leave, adoption leave, ethnic origin

Remarks

Art. 2 LC

Workers enjoying special protection: pregnant women and/or women on maternity leave

Remarks

Art. 36 LC on suspension of employment during which the employment cannot be terminated.

Notification to the worker to be dismissed: written

Notice period:

Remarks

The Labour Code does not provide for a notice period for the worker to be given by the employer.
Article 39 of the Labour Code "Derangement of the Contract":
1. According to the provisions of this article, labor contract can be deranged at the initiative of one of the parties.
2. If the initiator of the contract derangement is the employee, s/he shall notify the employer in writing, at least 30 calendar days prior to derangement, unless otherwise envisaged by the contract.
3. If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.
4. If one of the parties violates his/her liabilities as determined by the labor contract, the provisions of paragraphs 2 and 3 of this article shall not apply.

tenure ≥ 6 months:

  • All: 0 months.

tenure ≥ 9 months:

  • All: 0 months.

tenure ≥ 2 years:

  • All: 0 months.

tenure ≥ 4 years:

  • All: 0 months.

tenure ≥ 5 years:

  • All: 0 months.

tenure ≥ 10 years:

  • All: 0 months.

tenure ≥ 20 years:

  • All: 0 months.

Pay in lieu of notice: Yes

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): There is no mention of collective dismissal for economic reasons in the Labour Code.

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: No

Notification to workers' representatives: No

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...): No

Priority rules for re-employment: No

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

Redundancy payment:

Remarks

No specific redundancy payment - See severance pay.

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

Notes / Remarks

Notes

Article 39(3) of the Labour Code "Derangement of the Contract": If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.

Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: No

Remarks

Although there is no provisions on the reinstatement in the Labour Code, there are some rare cases in the judicial practice.

Preliminary mandatory conciliation: No

Remarks

Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

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

Remarks

Ordinary courts have jurisdiction over individual labour disputes.

Existing arbitration: Yes

Remarks

Art. 47(6) and 48(5) LC.

Burden of Proof: both