Ius Laboris provides expert guidance to employers on the employment rights of their employees.
The employment contract of each individual is their starting point – and vitally important to get right. We offer advice on terms and conditions and on any unusual or tricky areas, such as non-competition clauses. The better the employment relationship is set up, the better the chances it will continue and thrive.
On behalf of Ius Laboris, the alliance of leading Human Resources law practitioners, we are delighted to introduce the second edition of ‘Individual. Dismissals Across Europe’ with updates on legislative changes and developments. This publication explains the essential principles of individual dismissals in numerous …
Individual Dismissals Across Europe – About Ius Laboris. 3. About Ius Laboris. Ius Laboris is a close-knit alliance of leading HR law firms working together in one global group. Ius Laboris offers employers advice on cross-border employment law, employee benefits and pensions issues. The Alliance has over 1,400 lawyers ..
INDIVIDUAL DISMISSAL (JUST CAUSE)
As defined in Portuguese law, just cause consists in culpable behaviour on the part of the employee which, because of its seriousness and consequences, makes the continuance of the employment relationship immediately impossible in practice (Article 9, Termination of the Employment Contract and Fixed-Term Contracts Act). It represents a general provision or indefinite concept whose fulfilment depends on the circumstances of each particular case, initially resting on the employer’s own judgment and subsequently subjected to assessment by the courts in the event of a legal action against dismissal (see unfair/wrongful dismissal ). The essence of the concept of just cause consists in the impossibility in practice of continuing the employment relationship. This means that it is necessary to relate the facts forming the basis of just cause, the employee’s culpable behaviour, to a given situation. Just cause for dismissal exists when the employee’s behaviour, given its seriousness and consequences, creates a situation such that “immediate termination of the contract becomes so legally compelling that neither the protective tendency of the law to favour continuance of the contract nor defence of the special situation of employees can obstruct it” (Bernardo Xavier , 1992).
Individual and Collective Dismissals and Reorganisations
Individual and Collective Dismissals and Reorganisations. L&A lawyers advises on individual dismissals, including negotiations on termination agreements and severance packages, and on collective dismissals in reorganisations, including the social plan. Individual dismissals. Employment contracts can end only in the …
Individual dismissal in Italy | Studio Beny-Boatti Avvocati
Individual dismissal in Italy: Under Italian law, employment contracts can not be terminated without a justified reason which are. just cause: consisting in a serious misconduct, which does not allow the continuation of the employment contract even on a provisional basis and with immediate effect (Article 2119 of the Italian …