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  • 16-06-2016

Prior to 1 April 2014, employers were not obliged to justify dismissals. Since the entry into force of national Collective Bargaining Agreement No. 109 (hereinafter "CBA No. 109") on 1 April 2014, however, employers must justify the dismissal of both white- and blue-collar employees, if the employee so requests. If the employer does not do so, it will be ordered to pay a fine corresponding to two weeks of the employee’s salary and benefits.

In addition, the employee may claim that the dismissal is manifestly unfair. A dismissal will be deemed manifestly unfair if the justification provided is unrelated to the employee’s attitude or performance or to the employer's operational requirements and if a normal and reasonable employer would not have taken the same decision. If the dismissal is found to be clearly unreasonable, the employer may be ordered to pay damages equal to 3 to 17 weeks’ salary and benefits. The employee may claim additional damages in a civil suit.

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