Selection order for dismissals and layoffs in detail
In respect of individual or collective dismissal for economic reasons the employer cannot randomly select employees (although a different approach is taken if the position in question is unique). The employer must apply a qualifications and productivity test, and, if the qualifications and productivity of the affected employees are equal, a special conditions test.
The qualifications and productivity test involves assessing the employee’s educational records, professional appraisals, etc. In relation to a given position, employees that have higher qualifications and productivity will remain employed, while those with lower qualifications and productivity will be dismissed.
If application of the qualifications and productivity test does not result in a sufficient number of employees being identified for dismissal, the special conditions test is applied. In this test, the employer weighs the number of special conditions to which each employee is subject. Those who have more will remain employed.
The special conditions are as follows:
- two or more children;
- sole breadwinner;
- longer employment record with the employer;
- full-time study during employment;
- veteran status;
- author of inventions, designs, etc;
- close to pensionable age (i.e. three years or less before eligibility for a state-funded pension).
Author: Vasil Kisil & Partners
Date: July 2019