Labour Law

For dismissals based on the employee's conduct or performance, taking the defence of an employee covered by job security is a legal requirement. A dismissal made without it may be deemed invalid even if the grounds are sound. The request for a defence should be in writing, state the alleged incident clearly, and give the employee a reasonable period to respond.

No. The right to reinstatement applies at workplaces with thirty or more employees, to employees on indefinite-term contracts with at least six months' service; there are further limits for employer representatives. The contracts of these employees can only be terminated on a valid ground. An application to mediation must be made within one month of notice of termination; if mediation fails, the way to court opens.

Proof. When records of working hours, signed payslips and overtime consents have not been kept properly, disputes lead to calculations based on witness statements, which usually go against the employer. Overtime must also stay within the statutory limits and be agreed to by the employee. These receivables, accumulating over several years, become a significant cost, particularly in collective exits.

Yes, but strict conditions apply for them to be valid. The agreement must be in writing, limited in territory, duration and type of work, and the duration should as a rule not exceed two years. If the employee has no access to the customer base or trade secrets, or the restriction unfairly endangers their economic future, the judge may limit it or declare it invalid.

Yes. Whatever the contract is called, if the person works under the employer's instructions, within a set working pattern and on an ongoing basis, the relationship may be characterised as employment. Obligations such as severance pay, overtime, annual leave and social security premiums then arise retrospectively. The relationship needs to be structured, both in the contract and in practice, as a genuinely independent service relationship.