CONDITIONS OF TERMINATION OF LABOUR AGREEMENTS

1
CONDITIONS OF TERMINATION OFLABOUR AGREEMENTS
Annukka Pitkänen
Francesc Colón Casellas
Filippo Lazzerini Fulvio Gentili
Ursula Katharina Wolter
Sandra Uselyte Andrius Bambalas
Nele Cerneels
2
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
European Union has to become the most competetive
market
Lisbon Summit
3
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Where does the companies / capital go?
1. To new Member States
2. To other non-Member States
4
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Why does the companies / capital go?
1. Lower labour costs
2. Difficult labour laws (termination)
5
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Attitudes to flexibility
Liberal flexibility to make labour market less
restrictive so that to encourage faster
economical cycle and thus faster movement of
labour force.
Socialistic flexibility for improving our
economical situation the focus should be put on
the position of the employee flexibility
shouldnt mean less rights for employee.
6
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Liberal harmonisation
Socialistic harmonisation
7
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Purpose of the paper

• First step to a common structure of the
  termination of labour agreements
• It is necessary to use the same instruments for a
  better local and global competition
• To find the balance between protection of
  employee and more flexible conditions to hire and
  fire for the employer.

8

Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Written or oral notice
9
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Period of notice for the employer
months
days
10
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Period of notice for the employee
months
days
11
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Probationary period
months
12
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion

• Involvement of the works councils
• or trade unions
• Cancellation of the employment contract
• Special applicable laws

13
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Special principles

• Ultima ratio principle
• Balancing all aspects of the individual case
• Negative Forecast

14
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Reasons linked with the company
This can be given, when the previous place of
employment cease to exist on reasons of
economical, technical, productive or business
problems in the company and the employee can not
be reallocated or does not want to be
reallocated.
15
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Evaluation of the employee
Social Selection

• Criterias
• length of service
• essentiality for the company
• age
• obligation to support
• disability
• same hierachical level or qualification

Compensation
16
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Reasons linked with the person

• linked with the person
• lack of qualification or skills
• disease

Compensation

• linked with the behavior of the person
• misconduct
• sexual harassment
• Warning

17
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Collective dismissal
The employer dismisses a written number or
percentage of his staff on the same reasons

• Inform work council or trade unions
• Negotiations
• Inform public administration

18
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Extraordinary dismissal
The labour relationship can be effectively
terminated without period of notice if there are
facts due to which it is not possible for the
employer or the employee to go on with the
employment until the end of the period of notice.
No warning
19
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Special protection

• pregnant women
• members of works council
• representatives of the employees
• other cases

20
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Complaint of wrongful dismissal
months
21
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Unemployment benefits

• benefits from the state
• limited in the length
• calculated in a different way
• additional trainings

22
Termination of labour agreements
Introduction General provisions Reasons Company
Person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
How to handle lay - offs

• only solution?
• give support and guidance
• continuing staff
• listening, encouraging and informing

23
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Question marks

• is a common level possible?
• is flexibility the only answer?
• the role of the employee and working class?
• the importance of making a better economic
• environment for companies to establish?

24
Termination of labour agreements
Introduction General provisions Reasons company
person Collective dismissal Special
dismissal Special protection Social
security Complaint Benefits Managerial
work Conclusion
Creating a common structure in the EU

• the role of the written notice
• period of notice for employer vs. flexibility
• attractivity for foreign or home companies
• increase new employment