Dismissal law under challenge: new risks for workers
2014
5
3-4
231-254
comparison ; dismissal ; economic recession ; labour contract ; labour law ; termination of employment ; flexicurity
Law
English
"Dismissal law protects those who are sometimes referred to as ‘insiders', that is, workers whose employment is well protected. As a rule, there are four aspects to this protection. First, the law requires that there has to be good reason for any termination of the employment contract by the employer. Second, the termination is subject to procedural constraints ensuring that the reason for the dismissal is stated and that worker representatives, as provided for under the national system, are involved. Third, if the employer's action leads, in fact, to loss of employment, financial compensation must be paid. Finally, in the event of dismissal, workers must have access to a judicial body (or some other independent authority) which will scrutinise the employer's reason for the dismissal and, if the dismissal is found to be unfair, sanction the employer. To differing degrees, it is these four elements which are now under challenge."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.