Preferential rights

Preferential rights in the state sector

In regards to preferential rights there must be a distinction between positions that are internal and external.

Internal preferential rights

In the event of a reorganization process where employees have a risk of being dismissed, the employer has a responsibility to find alternatives to dismissal. If possible the employer must offer the employee another suitable position in the company (Internal preferential right).

It is a prerequisite that the employee has the necessary professional and personal qualities for the position. An offer of a suitable position is an administrative decision and within the employer’s management prerogative.

External preferential rights

Employees who are made redundant due to the company’s circumstances have priority to another suitable position in the state (external priority).

The preferential right applies to government employees who have been continuously employed in the same company for 12 months in the last two years. They must also have the competence and the personal qualities for the position.

Temporary or part time worker

Part-time employees have a preferential right to an extended position rather than the employer making a new appointment in the business. The preferential right only applies if you are qualified for the position, and it does not entail a significant disadvantage for the business.

Preferential right for part-time employees does not apply to employees in secondary positions.

Exceptions to preferential rights

Section 8 of the regulations to the Civil Servant Act states that preferential rights according to section 13 and 24 cannot be asserted by temporary employees in fixed term or educational positions such as research fellows, scientific assistants and post-doctoral fellows.

Preferential rights in the municipal and private sector

Employees who are dismissed due to downsizing have preferential rights, provided that the employee is qualified for the position, and that the employee has been employed for a total of at least 12 months during the last 2 years.

The preferential right applies to temporary employees, bot not to temporary workers. The preferential right also applies to employees who have accepted an offer of a reduced position instead of dismissal.

Part-time workers

Part-time employees have a preferential right to an extended position rather than the employer making a new appointment in the organization. The preferential right only applies if the candidate is qualified and the appointment wouldn’t entail any significant disadvantages for the operation.