Presentation Transcript

1. Rules on dismissal and resignation procedures in contracts of employment

   4 Civil Law legal systems : Belgium (Lisa de Groot) Hungary (Daniel Arvinte) Moldova (Xenia Cernisenco) Romania (CosminaAmariei) Comparative criteria for unilateral termination of employment contract: dismissal and resignation legal grounds rights/obligations of employees and employers notification and length of notice periods severance/compensation payments collective redundancy provisions etc.
2. Belgium(Statute of the 3/07/1978 on the employment contracts, last modified by Law of 27/12/2012) General provisions Title 1. Art. 2 & 3 : employment contract for blue- and white-collarworkers. Art. 35 : terminationforcause. Art. 38 : resignationduring suspension. Art. 39bis : means of payment cancellation fee. Art. 40 : terms for cancellation fee for fixed-term contract. Specific provisions Title 2. The contract of blue collar workers (‘ouvrier‘) Chapter 2. Compensation in case of termination of employmentcontract Art. 49-51, 51bis, 51ter, 52-57 Chapter 3. Termination of contractSection 1. General regimeArt. 58-65Section 2.  Specific provisions applicable to contracts of employment concluded after January 2012 Art. 65/1, 65/2, 65/3, 65/4 Title 3. The contract of white collar workers (‘employe‘) Chapter 2. Compensation in case of termination of employmentcontractArt. 70-77 Chapter 3. Termination of contract Section 1. General regimeArt. 78-86 Section 2.  Specific provisions applicable to contracts of employment concluded after January 2012 Art. 86/1, 86/2, 86/3, 86/4e

3. Hungary(LabourCode of 1992, last modified on 13 December 2011, entry into force July 2012)

   Chapter X. Termination of Employment Relationship 37. Termination of employment Section 64, (1) An employment relationship may be terminated, (2) The reasoning shall clearly specify the grounds for termination. 38. Termination by notice, Sections 65-67 Section 65, 1) An employment relationship may be terminated by the employee and the employer by notice. Section 66, 1) Employers are required to justify their dismissals. Section 67, 1) Workers are not required to give reasons for terminating their permanent employment relationship. 39. Notice period Sections 68-70. Section 68, (1) The notice period shall begin at the earliest on the day following the date when dismissal is communicated. Section 69, (1) The period of notice is thirty days. (2) Where employment is terminated by the employer, the thirty-day notice period can be extended. 40. Provisions relating to collective redundancies, Sections 71-76 41. Severance pay Section 77 , (1) An employee shall be entitled to severance pay if his employment relationship is terminated 42. Termination without notice Sections 78-79 The right of termination without notice may be exercised, without giving reasons in certain situations. 43. Procedure for the termination (cessation) of an employment relationship, Sections 80 -81 44. Legal consequences of wrongful termination of employment , Sections 82-84

4. Republic of Moldova(Labour Code as from 28/03/2003)

   Title III Individual labour contract Chapter V Ceasing of individual labour contract Art. 81 Reasons for ceasing of the individual labour contract Art. 82 Ceasing of the individual labour contract due to circumstances beyond parties’ control Art. 83 Ceasing of the indefinite term individual labour contract In case of ceasing of the indefinite term individual labour contract, employer shall give the employee at least 10 working days notice. Otherwise, written agreement of both parties. Art. 84 Nullity of the individual labour contract Art. 85 Resignation Employee shall have the right to resign , upon a written request, giving the employer 14 calendar days notice. Art. 86 Dismissal (impossible to dismiss in certain cases) Art. 87 Prohibition of dismissal without consent of the trade union body Art. 88 Dismissal procedure in case of entity liquidation, reduction of personnel number or staff Employer shall have the right to dismiss employees from the entity due to entity liquidation or due to reduction of the personnel number or staff only on several conditions . Art. 89 Reinstatement in the workplace Art. 90 Employer responsibility for the transfer or illegal dismissal Title V Labour remuneration and norm fixing Chapter IV Guarantees and compensations granted to employees in connection with ceasing of the individual labour contract Art. 186 Dismissal indemnity Severance payment :week wage payments for each year worked +monthly wage for 3 months. (5) In the collective and individual labour contract can be also stipulated some other cases of payment of the indemnity for dismissal from work, its increased amounts, as well as the longer terms of keeping the wage.
5. Romania(LabourCode -Law No. 53/2003, as amended and supplemented by Law No. 371/2005 & Law No. 40/2011) TITLE II - The individual employment contract CHAPTER 5 - Termination of the individual employment contract SECTION 2 - Dismissal Art. 58. [legal definition and types of dismissal] Art. 59. [prohibition of permanent dismissal ] Art. 60. [prohibition of temporary dismissal] SECTION 3 - Dismissal for reasons related to the employee (for cause) Art. 61. [cases of dismissal for subjective reasons] Art. 62. [dismissal decision] ALSO Art 263-268. from Title XI – Legal liability Art. 63. [preliminary hearing] Art. 64. [mandatory reallocation proposal] SECTION 4 - Dismissal for reasons not related to the employee (without cause) Art. 65. [dismissal for objective reasons] Art. 66. [types of dismissal for objective reasons] Art. 67. [rights of employees dismissed for objective reasons] SECTION 5 - Collective redundancy. Information, consultation and procedure of collective redundancies of employees Art. 68. [legal definition of collective redundancy] Art. 69. [notification of the intended collective redundancy] Art. 70. [communication of the intended collective redundancy to the authorities] Art. 71. [employee consultation ] Art. 73. [postponement of collective redundancy] Art. 74. [employment of new personnel after the collective redundancy] SECTION 6 - Right to notice Art. 75. [notice] Art. 76. [contents of dismissal decision ] Art. 77. [effective date of dismissal decision ] SECTION 7 - Control and punishment of unlawful dismissals Art. 78. [effects of unlawful dismissal ] Art. 79. [motivation of the dismissal decision] Art. 80. [effects of dismissal cancellation on the employees] SECTION 8 – Resignation Art. 81. [legal definition, procedure and effects of the resignation]
6. Conclusions In Belgium, employment law distinguishes between blue-collar and white-collar workers, whereas the other 3 countries have an unified framework. In each country, there are specific requirements for termination of various type of employment contracts (indefinite or definite term, full time and part time, temporary work etc.) or during trial periods. Dismissal and resignations decisions have similar legal grounds (mainly the employee’s capability, the employee’s conduct, or the company’s operational situation), but the procedures and formalities, the notification and length of notice period, the amounts of compensation payments, collective dismissal provisions vary significantly across the studied countries. In Belgium, the unilateral termination of employment contract legislation is less flexible for employers compared to Hungary, Moldova and Romania, but it offers a higher security/protection to employees and more legal certainty.