Article

Labour code (57)

Description

In cases of individual dismissals, collective dismissals on economic and technical grounds, and restructuring plans for the workplace, the employer approves selection criteria for the redundancy in coordination with the works council or, in the absence thereof, the trade union. Selection and proposal for dismissals are carried out by a committee consisting of the employer and at least one member of the works council. In establishing the selection criteria, priority to keep the jobs with respect to all other employees of the same specialisation must be given to employees (article 57):

• with injuries or occupational diseases from the workplace;
• with more than three children under the age of 14, with any children under the age of 14 for situations of single parenthood, with a disabled child under the age of 18 or with caring responsibilities for other family members recognised as having less than 55% of capacity for work or family members earning an old-age pension and recognised as having a high or average level of special needs;
• with at least 10 years of continuous service in the same workplace (except for employees who have reached retirement age and become entitled to a full old-age pension while working for the employer);
• with no more than three years left until the statutory age for old-age pension;
• with an established right in the collective agreement;
• with responsibilities for employee representation in management bodies.

This right of priority applies to employees whose qualifications are not lower than those of other employees of the same specialisation working in that company.

Commentary

No information available.

Additional metadata

Cost covered by

None

Involved actors other than national government

Trade union Works council

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Labour code No XII-2603