Selection order for dismissals and layoffs in detail
In relation to collective dismissals, employers are required under the Labour Code to apply certain criteria to enable them to choose between employees who hold similar jobs.
Professional performance is the first and the most important criterion, but where the affected employees rank equally, other criteria laid down in the applicable collective bargaining agreement, internal policies or in other internal documents issued during the dismissal procedure should be applied.
In terms of individual dismissals for reasons not related to the individual, employers also tend to apply selection criteria to help them choose between those who hold similar positions. Here again, professional performance is the first, and where employees rank equally, further internally established criteria are applied. In taking this approach, employers seek to demonstrate their good faith and underline that the redundancy is not subjective, abusive or aimed solely at removing particular employees.
Author: Nestor Nestor Diculescu Kingston Petersen
Date: December 2019