FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 55 LC provides an exhaustive list of situations where FTC are authorized. In any cases, FTC should only be used for the performance of work having a temporary character.

Maximum number of successive FTCs: no limitation

Remarks

No statutory limitation.

Maximum cumulative duration of successive FTCs: 60months

Remarks

Art. 54 LC: FTC cannot exceed 5 years.

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

Remarks

Art. 60 (1) LC.
- A probation period can be established for about 3 months.
- For managers: up to 6 months.
- For unqualified workers: max. 30 days.

*Specific rules applicable to FTC: art. 61 LC
- 15 days max. for a contract concluded for a duration of 3 to 6 months.
- 30 days max. for a contract concluded for a duration of more than 6 months.

Obligation to provide reasons to the employee: Yes

Remarks

Art. 86 LC.
Art 88 (1) a) LC on economic dismissal.
In addition, the necessity of the dismissal is to be proved before the court by the employer (art. 89 LC).

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

Remarks

Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract.

Prohibited grounds: pregnancy, maternity leave, family responsibilities, race, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities, disability, place of residence

Remarks

Art. 8 LC: general prohibition of discrimination in the sphere of employment. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities".
*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.

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

Remarks

*Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.

Notification to the worker to be dismissed: written

Remarks

Art. 184 LC

Notice period:

Remarks

Art. 184 LC.
Notice period varies according to the ground for dismissal:
* 2 months minimum in case of dismissal based on economic grounds (enterprise liquidation or staff reduction
* 1 month minimum for dismissals based on the worker's capacity (health condition or insufficient qualifications)
* No mandatory notice when dismissal follows infringements of the employee's work responsibilities.

tenure ≥ 6 months:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 9 months:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 2 years:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 4 years:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 5 years:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 10 years:

  • All: 1 months.
  • All: 2 months.

tenure ≥ 20 years:

  • All: 1 months.
  • All: 2 months.

Pay in lieu of notice: No

Notification to the public administration: No

Notification to workers' representatives: No

Remarks

Except in case of dismissal of a trade union member or representatives (art. 87 LC).

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

Except for:
* a dismissal of trade union members on certain grounds,
* any dismissal of trade union representatives (art 87 LC).

Definition of collective dismissal (number of employees concerned): No legal definition.

Remarks

See art. 88 1) i) LC: Mass dismissals can be defined by collective agreements.

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

Remarks

Art. 88 (1) i) LC

Notification to the public administration: Yes

Remarks

Art. 88(1) g) LC

Notification to workers' representatives: Yes

Remarks

Art. 88 (1) i) LC

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Remarks

Except for trade union members and trade union representatives (art. 87 LC).

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

Remarks

Art. 183 LC

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

Remarks

Art. 88 (1) c) LC establishes the obligation of the employer to offer the employee another workplace at the enterprise.

Priority rules for re-employment: No

Severance pay:

Remarks

Only for dismissals based on the worker's capacity, state of health and insufficient qualifications: art. 186 (2) LC.

tenure ≥ 6 months: 0.5 months

tenure ≥ 9 months: 0.5 months

tenure ≥ 1 year: 0.5 months

tenure ≥ 4 years: 0.5 months

tenure ≥ 5 years: 0.5 months

tenure ≥ 10 years: 0.5 months

tenure ≥ 20 years: 0.5 months

Redundancy payment:

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 2 years: 1 months

tenure ≥ 4 years: 2 months

tenure ≥ 5 years: 2.5 months

tenure ≥ 10 years: 5 months

tenure ≥ 20 years: 10 months

Compensation for unfair dismissal - free determination by court: No

Remarks

Art. 90 LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Compensation for illegal dismissal includes:
1) Damages for the moral prejudice: fixed by the court but shall amount to at least to 1 month' pay.
Moreover, in lieu of reinstatement, additional compensation is due amounting at least to 3 months' pay.

2) Compensation for extra expenses (expert consultation, court costs...)
3) Not less than the the average pay for the period of absence to work

Remarks

Art. 90 LC

Reinstatement available: Yes

Remarks

Art. 89 LC

Preliminary mandatory conciliation: No

Remarks

No statutory provision in the legislation reviewed.

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

Remarks

Art. 355 LC

Existing arbitration: No

Length of procedure: 40day(s) (statutory)

Remarks

Art. 355 LC: the court must convoke the parties within 10 days from the date of the registration of the application and decide on the case within 30 days.