When an employee is affected by a collective dismissal, an individual dismissal or an ERTE, a term starts in order to file an objection against the business decision and go to the Labour Court to contest this dismissal. In the event that a judge considers that this dismissal is absent of grounds, he or she will consider it an unjustified dismissal. In addition, any formal error on committed by the company when performing a dismissal (collective or individual) would lead the Judge to consider the dismissal as inadmissible. In this case, the employer will have to choose one of the following options within five days since ruling’s notification:
- Readmit the employee on the same job, having to pay legal fees of the procedure.
- Pay to the employee a compensation of 45 days of salary per year of service (until 02/11/2012) and 33 days of salary per year of service (from 02/12/2012 onwards), prorating for months periods of time less than one year up to a maximum of 24 monthly payments (except those that had started their employment relationship before the labour reform, with a maximum limit of 42 monthly payments).
Additionally, in the case of being affected by a substantial modification of the working conditions, the employee may challenge the company’s decision, so that in the event that a Judge considers that the decisions were in fact not justified at all, the employee may return to his or her previous working conditions. If the company does not comply with the sentence, the employee may request the termination of the labour relationship, having the right to receive the compensation provided for the unjustified dismissal.
For this reason, in the case of having been affected by a dismissal, ERTE or a substantial modification of the working conditions by your company, or you are a company that needs legal advice in this area, we recommend contacting one of the labour lawyers of OTIS Advocaten.