Over
the years, the issue related to the lack of legislative criteria for the preference
given to continuing the work activities of employees in cases of reduction of
positions has been raised in the annual reports summarizing the activities of
the Human Rights Defender.
The
issue was raised with the complaints that were addressed to the Defender, in
which the citizens informed that the employers show an unfair approach when
dismissing them due to the reduction in the positions.
The
study of the received complaints prove that the concerns raised are justified
since, when determining the preference of continuing work activities, the
employer is guided by their discretion. As a result, cases are registered where
an employee with a longer length of service, a higher service grade or a higher
performance appraisal score is dismissed, giving way to an employee that does
not fully satisfy the mentioned criteria.
A
comprehensive study of the complaints suggests that the decrease in the positions
is a method used by the employers to dispose of “unwanted” employees is an
illegal and thus an inadmissible phenomenon. Therefore, the general review of
the complaints addressed to the Defender allows to register a tendency that the
employers do not exercise their discretion in good faith when giving the preference
of continuing work activities to an employer, when decreasing the positions.
Employers are given a wide range of discretion in this issue.
The
Human Rights Defender reaffirms their position that the solution should be the
prescription of certain criteria of selection between the employees that will
be dismissed as a result of decreasing the positions. This should also be
carried out while taking into consideration the characteristics, the
professional training, and the qualifications of the concerned employees.
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