Labour Law [LL], No. 12 of 2003. Date: 07 Apr 2003 (view in NATLEX»)
Law No. 180 of 2008 amending Certain Provisions of the Labour Law No. 12 of 2003 (not available in English in electronic format). [This law amends art. 70, 71, 71 of the LL on dispute resolution. In particular, "the committee" is to be replaced by "the labour court" wherever it is mentioned in the principal law.] Date: 22 Jun 2008 (view in NATLEX»)
Decree No. 984 of 2003 concerning the formation of local committees for deciding the close-down requests, and the central committee for complaints for the decisions of these committees. Date: 11 Jun 2003 (view in NATLEX»)
Law No. 18 of 2015 concerning the Civil Service [Civil Service Law] Date: 12 Mar 2015; view website »
Obligation to provide reasons to the employee: No
No express obligation to provide reasons for dismissing an employee.
Art. 110 LL: The employer may not terminate the employee's contract of indefinite duration except for reasons listed in art. 69 LL or in case of the incompetence of the employee according to the internal regulations of the employer. Art. 69 provides a list of reasons (9) considered to be serious misconduct and justifying summary dismissal. A worker is deemed to have committed a serious offence if he/she has: - assumed a false identity or submitted false documents; - acted negligently, causing the employer considerable loss, provided the employer informs the competent authorities of the incident within 24 hours of becoming aware of it; - despite having received a previous written warning, failed to observe written instructions displayed in a prominent place, compliance with which is necessary to ensure the safety of the workers and of the establishment; - been absent without a valid reason for more than 20 days a year, or for more than ten consecutive days, provided that the worker is first warned in writing by the employer after ten days' absence in the former case and after five days in the latter; - divulged professional secrets concerning the enterprise employing him/her, which caused serious damages to the enterprise; - been competing with the employer in the same field of activity; - been found in a state of obvious drunkenness or under the influence of drugs within working hours; - assaulted the employer or the employer's representative, or has committed a serious act of violence against any of his/her superiors during or in connection with his/her work; - not respected the rules on strikes prescribed by the LL.
Art. 120 LL lists reasons which shall not be considered as "legitimate and adequate justifications for termination". Art. 122 LL regulates the right to compensation for "unjustified termination" (termination without a legitimate and adequate justification) by the employer. In addition, there are specific provisions authorizing termination of the contract by the employer in certain circumstances (termination in the event of the worker's total incapacity: art. 124 LL, termination due to the worker's illness provided that he or she has exhausted sick leave entitlement: art. 127, termination because the worker reaches the retirement age: art. 125 LL, termination in the event the of conviction to custodial sentences: art. 129 LL). In addition, the LL provides for a specific regime in the event terminations for economic reasons (art. 196 to 201 LL).
Prohibited grounds: pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; colour; sex; religion; political opinion; social origin; trade union membership and activities; lawfully taking leave
See art. 120 LL which provides a list of reasons that shall not be considered as legitimate and adequate justifications for termination. In addition, see art. 92 LL on the prohibition to dismiss an employee during maternity leave. According to art. 127 LL, termination of employment is not possible for reasons of the worker's illness, unless he/she has exhausted sick leave entitlement as determined by the Social Insurance Law, in addition to his/her annual leave. The employer has to notify the worker of the contemplated dismissal fifteen days before the end of the workers' leave entitlement.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; confirmed injured workers
- Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (Art. 46).
- The employer cannot dismiss a woman during maternity leave (Article 92, LL).
- While the worker's total incapacity entails termination of the employment relationship; if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (art. 124 LL).