Certain categories of workers enjoy protection against termination of their employment by their employers. Employers are according to Act No. 95/2000, prohibited from dismissing a worker due to the fact that he has given notice of intended maternity/paternity leave or parental leave, or during his maternity/paternity leave or parental leave, without reasonable cause, and in such a case, the dismissal must be accompanied by written arguments. The same rule applies to pregnant women, and women who have recently given birth.
Workers enjoy further protective status under Act No. 10/2008 which include prohibition of dismissal on the basis of gender.
Under Act No. 27/2000 a worker may not be dismissed solely due to family responsibilities he bears. Three principal conditions must be met to demonstrate the existence of family responsibilities. Firstly, the responsibilities must be towards the worker’s own children, spouse or close relatives. Secondly, the persons concerned must live in the workers own home, and thirdly, the person or persons involved must need the care or guardianship of the worker himself in connection with, e.g., illness, disability or comparable circumstances. All three conditions must be met in order for the worker to be regarded as bearing family responsibility under the Act.
According to Act No. 72/2002, on Workers’ Rights in the Event of Transfers of Undertakings, a transfer of an undertaking does not in itself constitute valid grounds for dismissal of workers. This does however not stand in the way of dismissals for economic, technical or organisational reasons entailing changes in the workforce.
Trade Union representatives are according to Act No. 80/1938 protected against dismissals which are based on their duties as union representatives.
