Labour Code of 2004, as last amended on 12 November, 2012 with Law No.185
Date:12 Nov 2012;
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Size of enterprises excluded (≤): 15
Art. 55 LC: The fixed-term contracts may be concluded with workers hired in the small or medium-size enterprise employing up to 15 workers during the 1st year of its creation.
Workers' categories excluded: army, managerial / executive positions
Art. 6 LC
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Art. 55 LC
Maximum number of successive FTCs: no limitation
Maximum cumulative duration of successive FTCs: 5year(s)
Art. 55 LC
Maximum probationary (trial) period (in months): 6 month(s)
Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.
Obligation to provide reasons to the employee:
Yes
Art. 83 and 85 LC
Art. 83 LC
Art. 9 LC
Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.
Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Notification to the worker to be dismissed: written
Art. 85 LC
Notice period:
Art. 85 LC
tenure ≥ 6 months:
tenure ≥ 9 months:
tenure ≥ 1 year:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
Pay in lieu of notice: Yes
Art. 85 LC
Notification to the public administration: No
Art. 85 LC
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Art. 85 LC
Approval by workers' representatives: No
Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.
Definition of collective dismissal (number of employees concerned): The collective (mass) dismissals for economic reasons are dismissals of at least 25% of the workforce in the enterprise employing up to 50 workers or at least 15% of workers in the enterprise employing more than 50 workers, during 2 consequent months.
Art. 78 LC
Prior consultations with trade unions (workers' representatives): Yes
Art. 78 LC
Notification to the public administration: Yes
Art. 78 LC
Notification to workers' representatives: Yes
Art. 78 LC
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): Yes
Art. 85 LC
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Art. 78 LC
Priority rules for re-employment: No
tenure ≥ 6 months: 0 month(s)
tenure ≥ 9 months: 0 month(s)
tenure ≥ 1 year: 0 month(s)
tenure ≥ 4 years: 0 month(s)
tenure ≥ 5 years: 0 month(s)
tenure ≥ 10 years: 0 month(s)
tenure ≥ 20 years: 0 month(s)
Redundancy payment:
tenure ≥ 6 months: 0 month(s)
tenure ≥ 9 months: 0 month(s)
tenure ≥ 1 year: 0 month(s)
tenure ≥ 2 years: 0 month(s)
tenure ≥ 4 years: 0 month(s)
tenure ≥ 5 years: 0 month(s)
tenure ≥ 10 years: 0 month(s)
tenure ≥ 20 years: 0 month(s)
1) Individual dismissal not based on economic reasons: no statutory severance pay for termination related to worker performance or professional capability. However, employment termination related to worker health reasons gives rise to termination payment of 1 month.
2) Economic dismissal (individual or collective): redundancy payment.
Compensation for unfair dismissal - free determination by court: No
Art. 423 LC
However in the cases of dismissal without a legal basis or with a violation of the established procedure for dismissal or illegal transfer to another job, the court is entitled, at the request of the employee, to make a decision to compensate the employee for the moral harm caused to him by such actions. The amount of this compensation is determined by the court.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Compensation shall not be less than 12-month average wages.
Art. 423 LC
Reinstatement available: Yes
Art. 423 LC
Preliminary mandatory conciliation: No
Art. 421 LC
Competent court(s) / tribunal(s): ordinary courts
Art. 421 LC
Existing arbitration: No