The problem is “violating the principle of equality”. Whenever workers look for their first job, they have been hired for a fixed period of at least 90 days.
The Constitutional Court announced that the provisions of the Labor Law extend the trial period to 180 days, which is unconstitutional for workers who have previously been employed for a fixed period of at least 90 days and are seeking their first job.
The judgment announced today takes into account the request made in September 2019 by 35 representatives of BE, PCP and PEV to declare certain norms of the Labor Law unconstitutional.
“The court decided to declare that the rule of extending the probation period to 180 days is unconstitutional. The rule involves workers who are looking for their first job. If it applies to workers who have worked before and are employed by other employers for violation of the principle of equality, the period is equal to or greater than 90 days”, the judgment said.
This is the only rule recognized by the judge that is considered unconstitutional.
The extension of the trial period for the long-term unemployed from 90 days to 180 days is considered constitutional, because the judge’s belief that “violation of the principle of proportionality and equality” has not been confirmed.
In addition to the extension of the probation period, there are also disputes regarding the circumstances under which very short-term contracts can be signed in the labor law and the termination of collective agreements due to the demise of trade unions or employers’ associations. .
Regarding the ultra-short-term contracts that are no longer confined to the tourism and agricultural sectors as the legislation changes, “the Constitutional Court decided not to declare the rule unconstitutional, and does not consider the violation of the principle of proportionality and equality.”
Regarding the statute of limitations, the Constitutional Court understands that “in view of the provisions of Article 56, paragraphs 3 and 4 of the Constitution, legislators can freely adjust relevant matters without touching the core collective bargaining of rights.”