23.11.2006
The Supreme Court explained the lay-off procedure. First of all, an employer must determine who has a priority to keep the job. In doing this, the employer has to compare employees, based on objective criteria: who has been more successful in performing his or her tasks, who has more professional know-how, skills and who is more efficient in utilizing his or her skills. The employer should also analyze whether it is able to offer substitute work for the employee to be laid off. Such substitute work should not necessarily be of the same type, but it must be a kind of work the employee is able to do.
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