FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 55 LC

Maximum number of successive FTCs: no limitation

Maximum cumulative duration of successive FTCs: 60months

Remarks

Art. 55 LC

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

Remarks

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

Remarks

Art. 83 and 85 LC

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Art. 83 LC

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

Remarks

Art. 9 LC

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

Remarks

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

Remarks

Art. 85 LC

Notice period:

Remarks

Art. 85 LC

tenure ≥ 6 months:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 9 months:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 1 year:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 2 years:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 4 years:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 5 years:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 10 years:

  • All: 0.5 months.
  • All: 1 months.

tenure ≥ 20 years:

  • All: 0.5 months.
  • All: 1 months.

Pay in lieu of notice: Yes

Remarks

Art. 85 LC

Notification to the public administration: No

Remarks

Art. 85 LC

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Remarks

Art. 85 LC

Approval by workers' representatives: No

Remarks

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.

Remarks

Art. 78 LC

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

Remarks

Art. 78 LC

Notification to the public administration: Yes

Remarks

Art. 78 LC

Notification to workers' representatives: Yes

Remarks

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

Remarks

Art. 85 LC

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

Remarks

Art. 78 LC

Priority rules for re-employment: No

tenure ≥ 6 months: 0 months

tenure ≥ 9 months: 0 months

tenure ≥ 1 year: 0 months

tenure ≥ 4 years: 0 months

tenure ≥ 5 years: 0 months

tenure ≥ 10 years: 0 months

tenure ≥ 20 years: 0 months

Redundancy payment:

tenure ≥ 6 months: 0 months

tenure ≥ 9 months: 0 months

tenure ≥ 1 year: 0 months

tenure ≥ 2 years: 0 months

tenure ≥ 4 years: 0 months

tenure ≥ 5 years: 0 months

tenure ≥ 10 years: 0 months

tenure ≥ 20 years: 0 months

Notes / Remarks

Notes

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

Remarks

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.

Remarks

Art. 423 LC

Reinstatement available: Yes

Remarks

Art. 423 LC

Preliminary mandatory conciliation: No

Remarks

Art. 421 LC

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

Remarks

Art. 421 LC

Existing arbitration: No