The Legal Rule
Article 180 of the Labour Code obliges an employer carrying out a headcount or staff reduction to offer the employee being made redundant any available alternative role in the organisation — a vacancy matching their qualifications, or a lower-grade or lower-paid position.
The law requires that such offers be made throughout the entire notice period (i.e. across the full two months of the notice period), not only on the last day.
What the Court Decided
The court heard a case in which the employer adopted the redundancy decision in January, gave notice in February, and offered vacancies only on the last working day — in April.
During the January-to-April period, several new vacancies had arisen in the organisation that could have been suitable for the employee. They were not offered.
The court ruled the redundancy unlawful and reinstated the employee. The reasoning: the obligation to offer vacancies arises immediately upon the adoption of the redundancy decision and continues throughout the entire two-month notice period. Offering vacancies only on the last day is a breach of the guarantees provided by Article 180 of the Labour Code.
What This Means
For the employee:
- Demand a written list of all vacancies available in the organisation on the date of notification and throughout the notice period.
- If vacancies arise, the employer must offer them as they appear, not wait until the last day.
- If vacancies were not offered, or not all of them were offered, this is grounds to challenge the redundancy.
For the employer:
- Maintain a vacancy register and document offers throughout the entire two-month period.
- Record every vacancy offer in writing, with the employee’s signature (or a refusal report).
- If the employee refuses an offered vacancy — record the refusal in writing.
Additional Protections for Employees Being Made Redundant
When made redundant, an employee is also entitled to:
- a severance payment equivalent to one month’s average pay (Article 178 of the Labour Code),
- retention of average pay during the job search — for up to two months (in the Far North regions, up to three months; in exceptional cases, up to six months),
- a right of priority retention in employment where productivity or qualifications are higher.
Frequently Asked Questions
Is the employer required to offer a vacancy in another city or region? No. The obligation under Article 180 of the Labour Code applies to vacancies within the same organisation in the same locality. Transfer to another region is only possible with the employee’s consent.
What if there are no suitable vacancies in the organisation? The employer documents the absence of suitable vacancies and proceeds with the dismissal under Article 81(1)(2) of the Labour Code. Dismissal in the absence of suitable vacancies is lawful.
Can an employee refuse an offered vacancy? Yes. The important thing is that the refusal is recorded in writing — the employee’s signature on the vacancy notification, or a separate refusal report. After a written refusal, the employer may proceed with the redundancy dismissal.
From what point is the employer obliged to begin offering vacancies? From the moment the redundancy decision is taken — not from the date the notice is served. Vacancies that arise after the decision but before the notice is delivered must also be offered.
Read Also
- The 30-Hour Working Week for Parents with Many Children: How the Benefit Works
- Absenteeism and Dismissal: The Employer Must Prove Actual Harm
Have you been made redundant and believe the employer violated the procedure? Contact us for a consultation — we will check the lawfulness of the redundancy and help you challenge it in court.