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Source and scope of regulations - 2019    

References
  • Labour Code [LC], Act of 28 June 2012
    Date: 28 Jun 2012 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants
Remarks:
  • Article 1 of the Labour Code provides that the Labour Code covers all the relationship between a worker and an employer of the public or private sector. However, this provision adds that persons under permanent employment in the public administration are excluded from the scope of regulation by the Labour Code.

Types of employment contracts - 2019    

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

Remarks:
  • Article 37 of the Labour Code.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: 2
    Remarks:
    • Article 34 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Article 34 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.

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

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Article 48 of the Labour Code.



Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Article 43 of the Labour Code requires a valid reason connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; HIV status
Remarks:
  • Article 2 of the Labour Code: general prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin including with respect to disciplinary measures and dismissal.

    Article 44 of the Labour Code (former art. 46) provides a list of reasons which cannot consitute valid reasons for termination:
    - trade-union membership or non-membership and trade-union activities;
    - race, colour, sex, marital status, family responsibilities, pregnancy, religion or belief, political or philosophical opinion, nationality or social origin;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws;
    - absence from work during maternity leave or temporary absence from work because of illness or injury;
    New in June 2012: Additional grounds have been introduced:
    - HIV status, whether real or perceived;
    - having reported or testified about sexual or psychological harassment (workplace bullying) by an employer or his representative.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
    - Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
    - In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • Article 48 of the Labour Code

Notice period:
Remarks:
  • Article 48 of the Labour Code (former art. 50): the period of notice is to be defined by decree after consultation of the Advisory Council of Labour and Employment (previously: the Supreme Council of Work) to take into account, namely, worker's tenure and professional categories. No Decree has been adopted as of 2018.

    Pay in lieu of notice: Yes

    Remarks:
    • Article 52 of the Labour Code (former art. 54). [Note: article 52 of the new LC now explicitly uses the term "compensation in lieu of notice" to refer to such payment].

    Notification to the public administration: No

    Remarks:
    • However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

    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):
    There is no statutory definition of collective dismissal.
    The Labour Code established a regime which applies to any dismissal justified by the reduction of the activity of the undertaking or an internal reorganization.

    Remarks:
    • Article 49 of the Labour Code.

    Prior consultations with trade unions (workers' representatives): No

    Notification to the public administration: Yes

    Remarks:
    • Article 49 of the Labour Code: mandatory notification to the labour inspector (former art. 51).

    Notification to workers' representatives: Yes

    Remarks:
    • Article 49 of the Labour Code: Mandatory notification to the workers' representatives

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Remarks:
    • Article 49 of the Labour Code: prior to a dismissal motivated by a decrease in the activity of the undertaking or internal reorganization, the employer must establish an order of dismissal in particular taking into account the professional qualifications, seniority and family responsibilities of workers.

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Priority rules for re-employment: Yes

    Remarks:
    • Article 50 of the Labour Code - during 2 years after the dismissal for economic reasons. [Note: the article number has changed in the new LC (former art.52 now art. 50), but its content has remained unchanged].

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    Remarks:
    • Article 48 of the Labour Code (former art. 50): severance pay for all types of dismissals is to be defined by decree after consultation of the Advisory Council of Labour and Employment (former Supreme Labour Council) and must take into account, in particular, worker's tenure and professional categories.

      Notes / Remarks
      Article 48 of the Labour Code (former art. 50): severance pay and redundancy pay are to be defined by decree after consultation of the Advisory Council of Labour and Employment (former Supreme Labour Council) and must take into account, in particular, worker's tenure and professional categories.

      No Decree has been adopted as of this year.

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

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      Compensation for unfair dismissal - free determination by court: Yes

      Remarks:
      • Article 44 of the Labour Code

      Reinstatement available: Yes

      Remarks:
      • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

      Preliminary mandatory conciliation: Yes

      Remarks:
      • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

        Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

      Competent court(s) / tribunal(s): labour court

      Remarks:
      • Articles 44 and 212 of the Labour Code (former art.46 and 192).

      Existing arbitration: No

      Source of additional information - 2019    

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