Slides6: Termination of the Employment Relationship

Question 1

challenge unlawful dismissal time

Answer 1

20 days

Question 2

Legal consequences of an unfair dismissal

Answer 2

employer must choose between: reinstatement + interim salaries or
severance compensation

representatives can choose

Question 3

severance calculation

Answer 3

after Feb11,2012 33 days with 720

before 45 days with 42 months

Question 4

dismissal is void (4)

Answer 4

1. discrimination
2. retaliation
3. procedure of collective dismissal not followed
4. some employees have protection

Question 5

void dismissal: statutory protection

Answer 5

• maternity and paternity leave/ risk during pregnancy/ breastfeeding leave
• during pregnancy
• during working time reduction to take care of the child (until the child is 12)
• during the 9 months after coming back after maternity/paternity leave

Question 6

void dismissal burden of proof

Answer 6

if the employee brings some circumstantial evidence, it is for the employer to proof that the dismissal is not discriminatory or is a retailation