Cassation Court; layoffs and selection criteria as per article 5, Law 223/1991

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the letter to start the procedure, cannot later deviate from it and decide to partly apply it. By ruling in this manner, the Court adhered to the case history whereby the application phase for the selection criteria represents the only time when it is possible to verify that the employer has acted fairly and in good faith during the information and consultant procedure with the involved trade unions.