References
Workers' categories excluded:
Valid grounds (justified dismissal):
Prohibited grounds:
Workers enjoying special protection:
Notification to the worker to be dismissed: written
Art 43 LC
Pay in lieu of notice: Yes
Art. 42 LC
Notification to the public administration: Yes
Art. 40 LC
Notification to workers' representatives: Yes
Art. 47 LC
Approval by public administration or judicial bodies: Yes
→ Under Section L.277 LC, the authorization of the labour inspector is required before any dismissal of a staff representative, whether full or alternate, envisaged by the employer or his representative.
▻ The authorization for the dismissal, or the refusal of this authorization, must be notified to the employer and the staff representative concerned.
▻ The failure of the labour inspector to respond within fifteen days of the application being filed constitutes authorization for dismissal.
▻Any dismissal that occurs in violation of the procedure set out in the preceding paragraph is null and void, and the delegate will be reinstated in his rights and reintegrated into the company.
Approval by workers' representatives: No
▶ Labour Code 1992
→ Section L46 LC provides that: Any individual or collective dismissal by an employer for one or more reasons not related to the person of the worker and arising from deletion or alteration of employment or a substantial modification of the contract work due to economic hardship or technological changes, constitutes a dismissal for economic reasons.
Notification to the public administration Yes
Art 47 LC
Notification to trade union (workers' representatives) Yes
See art. 47 LC: Notification to the Labour Inspector
Notification to workers' representatives: Yes
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Art 48 -1 LC: professional skills, length of service and family responsibilities.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...)
Priority rules for re-employment No