Changes In Sight For The Labor Law English: Good News For Employers?

The Government announced the increase of length of the minimum service required to sue for unfair dismissal and the introduction of a tax for labor courts.

The Government has announced a series of reforms of labor law, with the hope of obtaining a favorable opinion of the companies concerned by the ease with which they can be involved, in spite of themselves, and in litigation. The fear is that the current system is characterized by excessive costs and time-consuming, hampering economic development.

Two major announcements regarding the dismissal without just cause and the introduction of taxes for the use of labor courts.

Length of service necessary to appeal the dismissal without just cause

In general, a dismissed employee can sue if there was just cause for his dismissal or where it was not followed the proper procedure for dismissal. However, this right is restricted to the condition that the employee has at the conclusion of their employment accrued length of service required.

From 6 April 2012 , the length of service necessary to challenge the dismissal will increase from one to two years of continuous service. The ultimate goal is to encourage companies to hire more people, reducing the risk that they will find themselves involved in costly litigation should it become necessary to dismiss an employee during his first two years of service.

The most skeptical observers have already expressed their reservations. The fear is that the new restrictions on the causes for dismissal without just cause may encourage employees to seek other types of cause to bring an alternative that does not have as a prerequisite for a certain length of service. We may therefore see an increase in other causes, such as those for discrimination (sex, age, disability, etc..).

Introduction of a tax system for access to employment tribunals

At the moment, it is surprisingly easy to challenge a dismissal without just cause and this can be done, both on the internet and on paper, at no cost (the amount of costs for a...