Selection order for dismissals and layoffs in detail
In relation to redundancy for economic reasons, the following categories of employees have priority to remain in their jobs:
- those who are injured or who have contracted an occupational disease at work;
- those who are raising more than three children under 14 years of age; or raising, as a single parent, a child under 14 years of age or a disabled child under 18 years of age; or who have sole responsibility for caring for family members who have less than 55% of work capacity or family members who have attained pensionable age or who have high or average special needs;
- those who have completed at least ten years of uninterrupted service with the employer, except old-age pensioners;
- those who have less than three years remaining until they reach the age at which they are statutorily entitled to receive an old-age pension;
- those who have the right of priority under a collective agreement; and
- those who are members of management bodies of a works council or trade union operating within the organisation.
The rights of priority set out above apply to employees who do not have a lower level of qualification than other employees performing the same work within the organisation.
If a work function that is regarded as superfluous is being performed by several employees only certain of whom are to be made redundant, the employer must establish criteria for selecting which employees are to be made redundant. These criteria must be coordinated with the works council or with the trade union if there is no works council.
A committee which includes at least one member of the works council must be set up by the employer to select the employees to be made redundant and to deliver offers regarding the redundancy.