The Bradford Factor. Another point of view on the application of the criteria for determining the order of priority for dismissal
The Bradford Factor. Another point of view on the application of the criteria for determining the order of priority for dismissal
Author(s): Luiza Mihai (Lungu)Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: dismissal; criteria; selection; Bradford factor; absenteeism;
Summary/Abstract: Although in the current legislation we do not have a detail of the selection criteria applicable to collective redundancies, or in the case of an effective prioritization of dismissal, each employer, as a rule, in the collective labor contract or in individual employment contracts of the employees includes certain criteria that they have considered for a comparison if there is a need for a selection procedure.Between the classical criteria, which relate either to the performance of the employee at the workplace or to the social side, the jurisprudence of the national courts reveals more and more the tendencies of the employers to consider different aspects of the employees' activity in the eventual selection required a collective dismissal procedure.Our paper goes beyond the "conventional" barrier of national practice and offers an openness to the practice of other EU Member States that can be applied soon and internally, ie highlighting the Bradford factor in the selection procedure for dismissal.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VII/2019
- Issue No: VII
- Page Range: 566-572
- Page Count: 7
- Language: English