Labour Code [LC], Act I of 2012 in force since July 1st, 2012. Fecha: 13 Dec 2011 (ver en NATLEX
Act on Equal Treatment and Promotion of Equal Opportunities, No CXXV of 2003 Fecha: 28 Dec 2003; ver la pagina web
Obligación de motivar el despido
Sec. 66(1) LC (in the former LC sec. 89 (2) LC).
Motivos autorizados (despido justificado)
: cualquiera justa causa
Sec. 66(2) LC (in connection with his/her ability, his/her behavior in relation to the employment relationship or with the employer's operations), (in the former LC sec. 89(3)).
: estado civil; embarazo
; licencia de maternidad; raza; color; sexo; orientación sexual
; opinion política
; origen social
; afiliación sindical y actividades sindicales
; situación económica; cumplimiento del servicio militar o civil
; lengua; licencia paternal; estado de salud
; origen étnico
- Race, colour, sex, etc. are listed as prohibited grounds for discrimination including in the context of termination of employment in the Equal Treatment Act (No. 125 of 2003). (Sec. 8 and 21 c) ETA). - In addition, pregnancy, parental leave; a leave of absence taken without pay for caring for a child (Sections 66(3), 128 and 130 LC). -Sec. 271(2) provides that no employee shall be dismissed on a ground of being a member of any trade union.
Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
; mujeres embarazadas o con licencia de maternidad
; trabajadores con responsabilidades familiares
* Prior consent of the higher ranking trade union body is requested in case of dismissal of an elected trade union representatives: sec. 273(1) LC (in former LC sec. 28 (1)). * The LC provides for protected periods during which ordinary dismissal can not take place: pregnancy, parental leave.: sec. 65 3 LC (in former LC sec. 90 (1)).
New in 2012 Section 89(7) of the previous Labour Code provided that workers who are between 57 and less than 62 years old, can only be dismissed in "particularly justified cases", unless they are already entitled to pension benefits. However, new Labour Code does not contain such provision.
Contrary to the previous regulation, the new Labour Code allows for dismissal of an employee during the period of sick leave. Sec. 66(7) LC now states: The employer may terminate by notice the employment relationship of a worker who is receiving rehabilitation treatment or rehabilitation benefits due to the worker's capacity related to medical reasons if the worker can no longer be employed in his/her original position and no other job is available that is considered appropriate for his/her medical condition, or if the employee refuses to accept a job offered by the employer without good reason.