Selection order for dismissals and layoffs in detail

In respect of individual or collective dismissal for economic reasons the employer cannot randomly select employees. The employer must begin by comparing the performance and qualifications of employees in similar roles. If there are no substantial differences in performance and qualifications, then other selection criteria must be applied, none of which take priority. These include, for example:

  • length of service with the employer;
  • whether the employee is raising a child under 14 or a disabled child under 18;
  • whether the employee has two or more dependants;
  • whether the employee has less than five years remaining until retirement.

Once the employees have been selected, termination notices can be served. The applicable notice period is one month.

Before serving the termination notice, the employer must check whether the employee has been a trade union member for more than six months. If so, written consent for termination must be requested from the trade union. The trade union must provide its answer within seven business days. If consent is not given, the employer must bring an action before the court on termination of the employment contract.

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Author: COBALT

Date: December 2019