| 1. Is
it a legal requirement that employees must receive an
employment contract? |
Within 30 days from the
first date of employment, the employer should give a
written document to the employee specifying the terms
of the employment. Any change of the terms of the employment
requires same written notice. |
| 2. What
factors constitute a fair dismissal i.e.legally justifiable
reasons to terminate employment without the need to
pay compensation? |
Generally speaking, an
employer can dismiss an employee for any reason other
than reasons of discrimination (sex, sexual preference,
personal status, parenthood, age, race, religion, nationality,
country of birth, political views, service in the army,
physical disability, etc.).
Notice of dismissal (1 - 30 days depending on the time
of actual employment) should be made in writing.
Dismissal following 1 year of employment entitles the
employee to severance payment of 1 month for each year
of employment.
Theoretically, severe dishonesty is the only ground
that entitles the employer to dismiss an employee without
severance payment. Practically, the labor tribunals
deny employees' right to receive severance payments
very rarely and in very extreme situations.
|
| 3. What
is good practice with regard to dismissal procedures
to minimise the risk of claims for unfair dismissal? |
Any dismissal must be
made in writing and should state - if asked for by the
employee - the reasons for the dismissal. |
| 4. If
an employee is dismissed unfairly what is the financial
range of compensation that can be made to employees? |
In the event that an
employee is dismissed as a result of discrimination,
the employee may be entitled to receive, without showing
any damage, a compensation of approximately EURO10,000. |
| 5. Do
employees have the right to be members of a trade union?
|
Usually yes. |
| 6. Is
there any legal requirement for an employer to contribute
to a pension for employees? |
Not all employers. It
depends on the applicable collective bargaining agreement. |
| 7. What
are standard maternity rights? |
Several easements during
and after pregnancy. |
| 8. What
are parental leave rights (including paternity leave)?
|
3 months of paid vacation
- to any of the parents (but not to both of them). |
| 9. When
are employees eligible for redundancy payments? |
During the first 50 -
175 days of their unemployment (depending on their age
and number of dependants). Said period can be extended
for another period of up to 6 months if the employee
undergo a certified career change. |
| 10. What
are the statutory redundancy payment limits? |
In accordance with his/her
average salary with a cap of the "Average Salary
in the Market" |
| 11. Can
existing employees be dismissed if you buy a business
with employees? |
In any
event of change of employers all employees are considered
as dismissed. Change of control in a corporation is
not considered as change of employer.. |
| 12. Any
other general legislation? |
Anti-discrimination and
sexual harassments; Employment of foreign employees;
Employment of employees via labour agencies; Employment
of minors; Minimum salary and payment of salary instructions;
Dismissal regulations; Working and rest time; Annual
leave; Sick leave (including of parent, offspring and
spouse); Safety at work; Collective bargaining agreements,
etc.. |
