Selection order for dismissals and layoffs in detail

In the event of collective dismissal for economic reasons affecting a minimum of two employees if the organisation employs up to 50 employees, or five employees if it employs more than 50 employees, the employer cannot randomly select employees to be made redundant (although a different approach is taken if the position affected is unique). The employer must establish objective and non-discriminatory selection criteria to justify in detail the elimination of each specific position.

If the redundancy affects fewer than two or five employees, and therefore the collective dismissal rules do not apply, a formal job elimination procedure must be initiated.

In this scenario, and if there is more than one position in the organisation with an equivalent job description that needs to be eliminated, the following criteria must be applied in the exact order in which they appear:

  • worse performance assessment (with parameters previously known to the employee);
  • lower academic and professional qualifications;
  • higher economic burden that would be caused by continuing the employment relationship;
  • less experience in the position;
  • shorter length of service in the organisation.
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Author: pbbr

Date: July 2019

 

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