- Phase
- Labour Act 93/2014, 127/17, 98/19, 151/22, 64/23
- Native name
- Zakon o radu 93/2014, 127/17, 98/19, 151/22, 64/23
- Type
- Reemployment obligation after restructuring
- Added to database
- 08 May 2015
Description
Article 115 stipulates that an employer can terminate an employment contract for legitimate reasons by giving either the statutory notice or the notice stated in the contract of employment (regular notice of dismissal). Among others, grounds for dismissal include cancellation due to business reasons, where there is no longer the need to perform certain work due to economic, technological or organisational reasons. If dismissals happen for business reasons, the employer cannot employ another employee for the same position for six months after the date of the dismissal notice. In case there is a need for employment in the same position within these six months, the employer must offer an employment contract to the employee dismissed for business reasons.
Accordingly, an employer who has made a regular termination of employment contract cannot employ other employees for these positions for at least six months. The obligation is valid also in cases of collective dismissals with the respective thresholds, pursuant to article 127. If there is a need for employees in the same positions within a period of six months from the redundancies, employers are obliged to offer employment contracts first to the employees dismissed for business reasons.
Citation
Eurofound (2015), Croatia: Reemployment obligation after restructuring, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/reemployment-obligation-after-restructuring/croatia