One of the reasons for termination recognized by the current Labor Law is the cessation of the need to perform a certain job or the reduction of the scope of work due to technological, economic or organizational changes occurring at the employer. Changes of a technological nature mean, for example, use of more modern equipment, which entails a smaller number of employees. Changes of an economic nature exist when, for example, the employer has a reduced volume of business, so in order to reduce business costs, it is necessary to lay off a part of the workforce. Finally, organizational changes such as e.g. the merger of two employers may also lead to the dismissal of a part of the employed persons as they represent redundant employees.
When canceling an employment contract the employer is obliged to specify precisely what criteria he used when deciding which employee will be terminated. Thus, in practice, it often happens that one of the most basic criteria is the success of the work performed, which protects the best workers. However, in the event that the employees have the same degree of success in their work, and work in the same jobs, different social aspects are used as criteria in that case, such as: number of family members, property status, number of children attending school, health status, etc.
Certainly, the criteria for determining the redundancy of employees cannot be absence from work due to temporary incapacity for work, pregnancy, maternity leave, child care and special child care.
When an employee’s employment contract is canceled due to the cessation of the need for his work due to changes that occurred at the employer, that same employer cannot hire other persons for the same jobs within a further period of 3 months. If there is a renewed need to perform those tasks, priority in establishing an employment relationship is given to the person whose employment contract was previously terminated.
