Labour and Social Security Law
What the exam tests
Questions test the employment relationship from formation to termination, working time and leave, anti-discrimination, and the financing of social security.
Employment relationship
- The contract must be in writing and state the parties, job, place of work, duration, hours, salary and notice.
- Fixed-term contracts require an objective reason and cannot be chained indefinitely to disguise permanent work.
- Standard working time is 40 hours per week; overtime must be exceptional, limited and paid at the statutory premium; rest periods and annual leave of at least 20 working days are mandatory.
- Discrimination in recruitment and at work is prohibited, including on grounds of sex, ethnicity, religion, disability, age and union membership.
Termination
Dismissal needs a justified ground relating to conduct, capability or economic redundancy, plus the procedural steps: written notice, hearing, and notice period. Gross misconduct may justify dismissal without notice. Severance follows statutory criteria. The employee may challenge the dismissal before the competent court within the short statutory period, seeking reinstatement or damages.
Social security
Contributions are split between employer and employee and fund pension savings, health care and social assistance. Unregistered work does not remove the employer's contribution liability.
Worked example
An employer dismisses an employee for alleged theft based on a rumour, without a hearing and without notice. The ground is unproven and the procedure defective, so the dismissal is unlawful; the court orders reinstatement or compensation plus unpaid salary and contributions.
Traps that cost marks
- Treating payment in lieu of notice as a substitute for a justified ground.
- Ignoring the mandatory written form and its evidential effect.
- Confusing redundancy with dismissal for gross misconduct.
- Missing the short deadline for challenging a dismissal.