Preferential right to a new position
An employee who has been terminated due to downsizing has a preferential right to be hired for a new position in the same organization provided that they are qualified for this position.
According to the Working Environment Act § 14-2, an employee who has been terminated due to downsizing has a preferential right to be hired for a new position in the same organization. The employee must be qualified for this position; but it’s important to note that this employee doesn’t have to be the best qualified out of all the other applicants. In other words, an employer can’t choose to hire someone who is better qualified to the detriment of this preferred employee. If the employee’s qualifications correspond to what is normally required for the position, this is sufficient to trigger the preferntial right.
The preferential right also applies to employees who are temporarily employed and who, due to the company’s circumstances, do not receive continued employment. However, this does not apply to employees who are temporarily employed as substitutes.
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The preferential right to be hired for a new position only applies to employees who have been employed in the organization for a total of at least 12 months over the previous two years. This right applies from the termination date and for one year from the expiration of the notice period.
If the employment relationship was terminated in the period from 1 July 2021 to 31 December 2021 due to the effects of Covid-19 pandemic, the preferential right shall apply from the date on which notice is given and for two years after the expiry of the period of notice.
If the employee does not accept an offer of a new position, their preferential right to be hired for it expires.
The deadline is 14 days after the employee receives this offer.
The preferential right for civil servants is described in the Civil Service Act § 13 and § 24.
Preferential right to be hired for an expanded position
The Working Environment Act § 14-3 stipulates that part-time employees have a preferential right to be hired for an expanded position rather than the employer making a new appointment or hiring in the company. The preferential right applies to positions that have approximately the same tasks as the part-time employee already performs. Preferential right is conditional on the employee being qualified for the position and that the preferential right will not entail significant disadvantages for the company