Any termination must be communicated in writing to the other party by the party that initiates it. Where the employer initiates the termination, the notice letter must explicitly indicate the cause for dismissal. There is no a posteriori motivating regime.
Unjustified termination of an indefinite employment contract entitles the employee to reinstatement. In the absence of this, the worker is entitled to damages determined by the labour court (up to a maximum of 36 months of the worker's pay).
Any dismissal made for operational reasons by a business, establishment, or service is subject to a specified procedure (adherence to a hierarchy of dismissals, consultation with workers' representatives, and verification of procedural compliance by the Labour Inspectorate, among others).
Where an employer is considering dismissing a worker on the basis of his or her ability or conduct, he or she must enable the employee to submit his or her defense before a decision is made.
The notice period for employees in categories one through five is 14 days for up to a year of service. This number rises by seven days per year. Unskilled laborers, skilled workers, semi-qualified workers, qualified workers, and highly qualified workers are the five types of workers. Managers have a three-month notice period, which increases by sixteen days for each year of service. Supervisors are entitled to a one-month notice period as well as an additional nine days of service every year.
Severance provisions should be included in the employment contract or collective bargaining agreement.
The probation period is capped at six months.