Job Security

Job security, governed by Articles 18–21 of the Labour Law, limits the employer’s right to terminate. The indefinite-term contract of an employee covered by job security can only be terminated for a valid reason arising from the employee’s capability or conduct or from the requirements of the business, workplace or work.

Conditions

• Number of employees: Thirty or more employees at the workplace; if the employer has several workplaces in the same sector, the total is used.
• Seniority: At least six months’ seniority. No seniority requirement applies to underground workers.
• Contract type: The contract must be indefinite-term.
• Not an employer representative: Employer representatives managing the entire business and their deputies, and those managing the entire workplace with authority to hire and dismiss, are excluded.

The Protection

• Termination may only be based on a valid reason, which the employer must prove.
• The termination notice must be written and reasoned.
• Before termination for conduct or performance, the employee’s defence must be obtained.
• In case of invalid termination, the employee may bring a reinstatement claim.

Cannot Be Excluded by Contract

Job security provisions are mandatory; they cannot be excluded or changed to the employee’s detriment by contract, and contrary clauses are void. However, employment or collective agreements may extend job security in the employee’s favour, for example by removing the six-month seniority requirement.

Employees Outside Job Security

The contracts of employees not covered by job security may be terminated without a valid reason; however, abuse of the right to terminate gives rise to bad faith compensation. The ban on discrimination also applies to all employees.