Preferential right to new employment

An employee who is dismissed due to downsizing has a preferential right to new employment within the same company (Working Environment Act § 14-2). The employee must be qualified for the position, but it is important to note that they do not need to be the most qualified among the applicants. The employer cannot choose to hire a better-qualified candidate at the expense of the person entitled to preferential rights. If the employee’s qualifications meet the normal requirements for the position, this is sufficient to trigger the preferential right.

The preferential right also applies to employees who are temporarily employed and who, due to circumstances within the company, are not offered continued employment. However, this does not apply to employees who are temporarily employed in a substitute position.

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If the employer is part of a group of companies, the employee also has a preferential right to new employment in other companies within the group.

This right only applies to employees who have been employed by the company for a total of at least 12 months during the past two years. The preferential right takes effect from the date of dismissal and remains valid for one year after the end of the notice period.

If the employee does not accept an offer of a new position, the preferential right lapses. The deadline for accepting such an offer is 14 days from the date the offer is received.

Preferential right to increased working hours

According to the Working Environment Act § 14-3, part-time employees have a preferential right to increased working hours before the employer hires new staff or brings in temporary workers. The employee must be qualified for the position. This right applies to positions that involve approximately the same tasks as those the part-time employee already performs.

The preferential right is conditional on the expansion not causing significant inconvenience to the company.

For employees in the public sector, the preferential right is regulated by sections 13 and 24 of the Civil Servants Act.