Validity of mass "voluntary" terminations preceding subrogation and their impact on collective dismissal

Commentary on Supreme Court Ruling 449/2023, of 22 June

Abstract

The judgment addresses, for the first time, the validity of voluntary dismissal by employees prior to a change of contractors and their immediate reemployment by the new awardee; termination decisions characterized by the implementation of a termination scheme by the new awardee. In this context, the legal argumentation focuses, on the one hand, on whether such terminations should be counted for the purposes of the numerical threshold in the collective dismissal procedure, and, on the other hand, on what the legal consequence should be if the fraudulent nature of such terminations is established.