- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 58. [legal definition and types of dismissal]
(1) A dismissal is the cessation of the individual employment contract on the initiative of the employer. (2) A dismissal may be decided for reasons related to the person of the employee or for reasons not related to the employee.
Art. 59. [prohibition of permanent dismissal ]
The dismissal of the employees shall be prohibited: a) based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity; b) based on the exercise, under the terms of the law, of the right to strike and to unionisation.
Art. 60. [prohibition of temporary dismissal]
(1) The dismissal of the employees may not be decided: a) during the temporary disability, as certified by a medical certificate according to the law; b) during the quarantine leave; c) during the pregnancy of the employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision; d) during the maternity leave; e) during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years; f) during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years; g) during the compulsory military service; h) during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee; i) during the leave. (2) The provisions of paragraph (1) shall not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer, under the terms of the law. |
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