Preferential right to a new 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.

For members:

Call our legal assistance

Our attorneys give Tekna members answers when they need them, responding to their questions on the challenges they’re facing in either workplace or private law.

Becoming a Tekna member is a great idea!

You’ll benefit both professionally and financially by becoming a Tekna member. We’ll help you with your salary and career development as well as any legal challenges you may face along the way. And you’ll get access to some of the best banking and insurance deals.

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 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