References
Labour Code of 2004, as last amended on 28 July, 2017 with Law No.162
Date:
22 Aug 1970;
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Scope
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
Valid grounds (justified dismissal):
Prohibited grounds: race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, financial status, language, property, place of residence, ethnic origin
Art. 9 LC
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities
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
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
Notification to the public administration Yes
Art. 78 LC
Notification to trade union (workers' representatives) Yes
Art. 78 LC
Notification to workers' representatives: Yes
Art. 78 LC
Approval by trade union (workers' representatives) 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...) No
Priority rules for re-employment Yes
Art. 78 LC
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mine workers: 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
managerial / executive positions: Yes
Art. 423 LC
police: No
Art. 421 LC
Art. 421 LC
Existing arbitration: No