Labour and Social Security Law: Contract, Termination, and Protection
Employment relationship
Labour law tests the employment contract: its elements, the distinction between an employee and an independent contractor, and the rule that the actual nature of the relationship prevails over the label. Know the mandatory minimum standards: working time, rest periods, leave, minimum wage, and protection of vulnerable categories (pregnant workers, minors, persons with disabilities). Understand the employer's duty of care and the employee's duty of loyalty.
Termination
Master the modes of termination: agreement, expiry, dismissal, and resignation. Distinguish ordinary dismissal (with notice, valid reason) from extraordinary dismissal (immediate, serious breach). Know the protected categories and the periods during which dismissal is prohibited. Understand severance pay and the procedure for challenging dismissal.
Social security
Know the branches of social insurance (pension, health, unemployment, injury, family benefits), the conditions for entitlement, and the principle of equal treatment. Understand the relationship between contributions and benefits and the rules on aggregation of periods.
Traps
Questions exploit the difference between ordinary and extraordinary dismissal and the shifting burden of proof: the employer proves the reason, the employee proves the protected status. Another trap is confusing notice period with severance pay, and treating a fixed-term contract as freely renewable.
Rule of thumb
For any termination, check three things: the legal ground, the procedure (hearing, notice), and the protected status of the worker at the date of the decision.
Worked example
An employer dismisses a worker on parental leave for redundancy. The dismissal is unlawful unless the employer proves the redundancy is unrelated to the protected status and follows the special procedure. The burden is on the employer.