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Source and scope of regulations - 2019    

References
  • Employment Contract Act, No. 55 of 2001 [ECA].
    Note: Amendments up to 204/2017 in force since May 1st. 2017 have been reviewed by the researchers.
    Date: 01 May 2017; view website » (view in NATLEX »)
  • Act on Cooperation within Undertakings, No 334 of 2007 [ACU], last amended by Act 208/2017 of 4 July 2017 in force since May 1st. 2017.
    Note: the amendments since 2014 are not included in the English version
    Date: 01 May 2017; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): 20
Workers' categories excluded: civil/public servants; seafarers

Types of employment contracts - 2019    

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

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation
  • % of workforce under FTC: 15.6 %

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; language; parental leave; participation in a lawful strike; state of health; ethnic origin

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

Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: no specific form required

Notice period:
    • tenure ≥ 1 year
      • 14 day(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 4 month(s).
    • tenure ≥ 20 years
      • 6 month(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    The ACU provides for a specific cooperation procedure applicable to dismissals on financial or productive grounds of one or several employees.
    However, procedural requirements regarding information provided by the employer to the worker's representatives only apply to dismissal of over 10 workers over a period of 90 days.

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

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

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

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

    Priority rules for re-employment: Yes

    Severance pay and redundancy payment - 2019    

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    Severance pay:

      Notes / Remarks
      No statutory severance pay or redundancy payment.

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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      Compensation for unfair dismissal - free determination by court: No

      Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
      * Groundless termination of employment: min. 3 months' pay and max. 24 months' pay.

      * Failure to observe the procedural requirements applicable to economic dismissal: max. 30 000 EUR.

      Reinstatement available: No

      Preliminary mandatory conciliation: No

      Competent court(s) / tribunal(s): ordinary courts

      Existing arbitration: No

      Source of additional information - 2019    

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      Links

      ILO Committee of Experts on the Application of Conventions and Recommendations - Comments on the ILO Termination of Employment Convention, 1982, No. 158 »