Only if there is more than one job in the company where the same or similar duties are performed does it become necessary to compare employees before making a decision on who should be dismissed.

What matters in this context is not simply the name of the position itself, but the duties actually performed while holding it.

When evaluating which employees should be compared with each other for the purposes of selecting the one to be dismissed, the employees’ mutual substitutability should be the most significant criterion.

Once the group of employees to be compared with each other has been ascertained, it becomes necessary to specify the reason for the dismissal of the specific employee.

Objective selection criteria for such dismissal, such as the length of service or performance appraisal, e.g. the annual one or one performed on an ad hoc basis, are the safest, but other criteria, e.g. language skills, may also be applied.

This notwithstanding, all such criteria must be applied jointly in respect of all employees in the professional group subject to comparison.

Find more in the PRO HR May 2022.