What you will learn in this article
- What special dismissal protection is and which legal provisions govern it
- The full list of protected categories and which authority grants dismissal approval
- Which grounds for dismissal trigger the protection and which do not
- The procedure the employer must follow
- The consequences of violating the protection
- The difference between protection and an absolute prohibition on dismissal
What is special dismissal protection
Special dismissal protection is a legal mechanism providing additional safeguards for certain categories of workers who are in a vulnerable position. It is a permit regime — the employer may dismiss a protected employee, but only after obtaining prior approval from the competent authority.
The legal framework is contained in Art. 333 LC, which determines which categories are protected, on which grounds the protection applies, which authority grants approval, and the specific rules for each category.
Full list of protected categories
| No. | Protected category | Approval authority | Legal basis |
|---|---|---|---|
| 1 | Mother of a child under 3 years | Labour Inspectorate | Art. 333(1)(1) |
| 2 | Reassigned employee | Labour Inspectorate + TELK | Art. 333(1)(2) |
| 3 | Employee with illness from Ordinance No. 5 | Labour Inspectorate + TELK | Art. 333(1)(3) |
| 4 | Employee who has commenced leave | Labour Inspectorate | Art. 333(1)(4) |
| 5 | Employee representative in management | Labour Inspectorate | Art. 333(1)(5) |
| 6 | Health and safety representative | Labour Inspectorate | Art. 333(1)(6) |
| 7 | Member of special negotiating body / European works council | Labour Inspectorate | Art. 333(1)(7) |
| 8 | Minor employee (under 18) | Labour Inspectorate | Art. 333(2) |
| 9 | Member of trade union leadership | Prior consent of trade union body | Art. 333(3) |
| 10 | Trade union representative for collective agreements | Prior consent of trade union body | Art. 333(3) |
| 11 | Pregnant employee | Labour Inspectorate | Art. 333(5) |
| 12 | Employee undergoing advanced IVF treatment | Labour Inspectorate | Art. 333(5) |
On which grounds does the protection apply
Grounds where the protection applies
| Ground for dismissal | Legal provision |
|---|---|
| Closure of part of the enterprise or staff redundancy | Art. 328(1)(2) |
| Reduced volume of work | Art. 328(1)(3) |
| Lack of professional qualities | Art. 328(1)(5) |
| Changed job requirements | Art. 328(1)(11) |
| Disciplinary dismissal | Art. 330(2)(6) |
Grounds where the protection does NOT apply
On the following grounds, no approval is required: full closure of the enterprise (Art. 328(1)(1)), work stoppage exceeding 15 days, lack of required education, reinstatement of unlawfully dismissed employee, acquisition of pension entitlement, objective impossibility to perform work, termination by mutual consent, or termination by the employee.
Key exception: The protection for minors under Art. 333(2) is broader — it applies to every ground for dismissal.
Procedure for the employer
Step 1: Determine whether the protection applies
Before taking any action, verify whether the employee falls within any protected category by reviewing their personnel file, family status, health status and trade union membership.
Step 2: Submit a request to the Labour Inspectorate
The request is submitted in writing to the Labour Inspectorate in whose territorial jurisdiction the workplace is located. Attach documents evidencing the ground for dismissal and the employee’s membership in a protected category.
Step 3: Await the decision
The Labour Inspectorate issues its decision within 7 days. It may issue approval or refusal. No state fee is due. Neither the approval nor the refusal is subject to judicial appeal.
Step 4: For trade union members — seek consent
For members of trade union leadership (Art. 333(3)), prior consent from the trade union body is required, separate from and in addition to the Inspectorate’s approval.
Step 5: Proceed with the dismissal
The approval must be obtained before giving notice or serving the dismissal order. A dismissal carried out before approval is unlawful, even if approval is subsequently granted.
Consequences of violating the protection
If the employer dismisses a protected employee without approval, the court annuls the dismissal on procedural grounds alone.
The employee may bring three claims under Art. 344(1) LC:
- Annulment of the dismissal
- Reinstatement to the previous position
- Compensation — up to 6 months’ gross salary (Art. 225(1) LC)
Labour disputes are exempt from state fees for the employee. The employee has a 2-month preclusive period to bring the claim. The burden of proof lies with the employer.
Protection vs prohibition on dismissal
Special protection (Art. 333 LC) is a permit regime — the employer may dismiss after obtaining approval.
Absolute prohibitions exist in certain cases under which dismissal is impermissible regardless of approvals:
- Art. 333(6) LC — pregnant employees or employees undergoing IVF, except on certain grounds with Inspectorate approval
- Art. 163(7) LC — during maternity leave on certain grounds
Cumulation of protections
If an employee simultaneously falls within more than one protected category, the protections are cumulative. The employer must obtain approval for each. Examples:
- A pregnant employee who is also reassigned — approval needed for both
- A mother of a child under 3 who is also a trade union leader — Inspectorate approval + trade union consent
- An employee on leave who is also reassigned — two separate protections
In practice, cumulation makes dismissal virtually impossible.
Frequently asked questions
Practical advice
For employers: maintain up-to-date records, check protection status before every dismissal, follow the correct sequence, document everything, and seek legal advice before dismissing a protected employee.
This article is for informational purposes only and does not constitute legal advice. Contact us for an individual consultation.
Need assistance?
The Innovires team can assist you with dismissal-related matters — whether you are an employer or an employee.