342 / 516
The number of employees must be calculated by taking into con-
sideration all employees employed in all workplaces belonging to the
same employer in the same sector. Similarly, the minimum six-month
seniority of an employee must be calculated by taking into considera-
tion his employment periods in all workplaces of the same employer as
a whole.
Procedure for Termination of Contract
Article 19 of the Labor Act regulates the procedure for termination
of employee contracts falling within the scope of the job security pro-
visions. Pursuant to Article 19, the employer must issue a written noti-
fication where the cause of termination is clearly and precisely speci-
fied. If and when the cause is the capacity or behavior of the employ-
ee, then the employer shall grant the employee the opportunity to
defend himself against the allegations. The right of the employer to ter-
minate a contract for just cause in accordance with Article 25/II with-
out giving prior notice is however reserved.
Procedure of Objection against Termination
Pursuant to Article 20 of the Labor Act, the employee who alleges
that no reason was specified for the termination, or who considers that
the reasons specified were not valid to justify the termination, shall be
entitled to file a lawsuit against that termination in the Labor court
within one month following receipt of the notice of termination. If the
parties so agree, the dispute may also be referred to private arbitration
within the same period.
The burden of proving that the termination was based on a valid
reason shall rest on the employer. However, the burden of proof shall
be on the employee if he claims that the termination was based on a
reason different from the one presented by the employer.
Consequences of Termination without a Valid Reason
If the court or the arbitrator concludes that the termination is
invalid, the employer must re-engage the employee in work within one
month. If, upon application by the employee, the employer does not re-
engage him in work, the employer shall pay to the employee compen-
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NEWSLETTER 2012