The following service is provided to all businesses interested in dissolving the labor agreement between employer and employee. In most cases with the exception of a few situations highlighted in our legislation the employer is required to request permission from the Secretary General in order to do so.
While the legislation attempts to protect the weaker party in the labor market, the employee. The Department of Labor Affairs recognizes that the interests of the employer should also be protected, to enhance further economic stability.
For this purpose the employer has to file a request with the department by completing one of the forms requesting permission to terminate the labor agreement. Once the form has been submitted and properly vetted for its completeness the department will have a set period of time depending on the complexness of the request to process the request and issue the decision of the Secretary General.
The employee will receive a verbal indication of the decision by the department; however the employer is legally obligated to provide the employee with a copy of the decree within three months of the decree date. If not the case, the decision will be considered null and void and the request would have to be resubmitted.
If the request concerns collective dismissal which means in accordance with our legislation that 25% of the personnel will be dismissed the following information should be submitted:
- List of current staff
- Clearly indicate what has been done to avoid redundancies
- Explain why the choice has fallen on those workers concerned
- Data must be provided that shows the measures that have been taken
- Audited financial reports from the last 3 years
- Redundancy plan
If it concerns a disturbed work relationship:
- Proof of warnings issued
- Brief job-description
- All other information relevant to the dismissal request
If you are in need of dismissals services or have any other questions, contact one of the Dismissals and Complaint Officers at the Department of Labor Affairs.