FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 37 LL: labour relations shall be entered into for a period that is set in advance in the following cases: seasonal jobs, project-based work, increase volume of work that will last for a definite term, etc.

Maximum number of successive FTCs: no limitation

Remarks

Art. 37 LL: no maximum number of successive FTC, but maximum duration of labour relations for a definite term of 12 months with or without interruptions.

Maximum cumulative duration of successive FTCs: 12month(s)

Remarks

Art. 37 LL.

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

Remarks

Art. 36 LL.

Obligation to provide reasons to the employee: Yes

Remarks

Art. 180 LL.

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

Remarks

Art. 179 refers to "a just cause relating to his/her working ability, behavior and employer's need" and provides an exhaustive list of 9 instances when termination of employment by the employer is authorized.

Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, 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, financial status, performing military or civil service, language, parental leave

Remarks

Art. 18 LL: general provision on non discrimination.
Art. 183 LL: list of prohibited grounds for dismissal.

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

Remarks

* Workers' representatives: art. 188 LL: no dismissal during the term of office.
* No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.

Definition of collective dismissal (number of employees concerned): At least:
1) 10 employees out of a total of 20 to 99 staff employed for an indefinite term, over a period of 30 days;
2) 10% of employees, out of a total of 100 to 299 staff employed for an indefinite term, over a period of 30 days;
3) 30 employees out of at least 300 staff employed for an indefinite term, over a period of 30 days;
4) 20 employees notwithstanding of the number of employees, over a period of 90 days.

Remarks

Art. 153 LL.

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

Remarks

Art. 154 and 156 LL.

Notification to the public administration: Yes

Remarks

Art. 155 and 156 LL.

Notification to workers' representatives: Yes

Remarks

Art. 156 LL.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Remarks

No criteria listed.
Art. 155 LL only refers to criteria as one of the elements to be communicated to the workers' representatives for consultation.

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

Remarks

Art. 155 and 156 LL.

Priority rules for re-employment: Yes

Remarks

Art. 182 LL: preferential right to re-employment for 6 months.