On December 24 the Council of Ministers approved the ‘provisions in the decree-law on employment contracts with rising levels of job protection’ as applied by the Jobs Act that enables the government to adopt several decree-laws that will reform the current labor law (c.f. article No. 8763). The new employment type contract affects private sector employees on regular indefinite contracts hired after the decree-law came into force. In particular it details these contracts’ redundancy conditions and includes calculations for compensation that will now replace the former ‘re-instatement from redundancy without just cause’ provision. Existing indefinite employment contracts concluded prior to the implementation date will be governed by the former provisions. Both chambers of parliament still have to debate the issue before being obliged to give their non-binding opinion.
Dismissals: discriminatory, void and expressed vocally. Employee re-instatement remains in force when a judge declares any dismissal to be void on the basis of discrimination or any other causes identified by law (marriage, pregnancy, parenthood). Should the employee not return to work within 30 days following the ruling then the work contract is considered to be terminated. This also applies to redundancies declared without effect (announced orally). The judge also constrains the employer to
…Do you have information to share with us?