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Rumania - Requisitos de fondo para el despido


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Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC(former art. 74).


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores con licencia temporal por enfermedad
NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [NEW: Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC, see also art. 268(2) LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 74 LC.


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores que desempeñan servicio militar/servicio alternativo ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 223(2) and 229 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 229(3) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 229 LC)


+ show references

Obligación de motivar el despido :
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC, see also art. 268(2) LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 74 LC.


Motivos autorizados (despido justificado) : capacidad del trabajador ; razones económicas ; conducta del trabajador
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motivos prohibidos : estado civil; embarazo ; licencia de maternidad; responsabilidades familiares; enfermedad o accidente profesional temporal; raza; color; sexo; orientación sexual ; religión ; opinion política ; origen social ; nacionalidad ; edad ; afiliación sindical y actividades sindicales ; cumplimiento del servicio militar o civil ; licencia paternal; participación en una huelga legal; información genética; origen étnico
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores ; mujeres embarazadas o con licencia de maternidad ; trabajadores con responsabilidades familiares ; trabajadores que desempeñan servicio militar/servicio alternativo ; trabajadores con licencia temporal por enfermedad
Remarks:
  • Art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 223(2) and 229 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 229(3) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 229 LC)