Article
French
ID: <
2268/187668>
Abstract
the study comments on judgment 116/2015 of the Constitutional Court annulling Article 70 (4) of the Law on the Single Statute and the paragraph of Article 97 of the same law, providing for the permanent exclusion of the targeted workers (a large part of construction workers) from the benefit of the uniform system of notice periods and the deprivation of the right to compensation for dismissal. The result of the judgment is that, until 31 December 2017, differences in treatment to the detriment of certain categories of workers are maintained. After that date, Article 70(4) disappeared from the legal system. Article 70 in its entirety will be devoid of purpose since the transitional period will have ended. All workers, whether manual workers or employees, will be equal in law: either the duration will be the same or the difference will be compensated by a specific allowance payable by the ONEm.