Towards a European Concept of Protection against Unjustified Dismissal

Abstract

The purpose of the study is to examine trends in protection against dismissal in the field of European Union law. It aims to analyse the latest instruments, such as the EPSR and Directives 2019/1152 and 2019/1158. In this regard, it considers to what extent the new legal acts contribute to the development of a European concept of dismissal and how new realities (teleworking or artificial intelligence) affect the protection of the worker against unjustified dismissal.  The technological factor, which has been accentuated in pandemic and post-pandemic situation, will dictate the new needs for protection against dismissal. It seems clear that Article 30 CFR provides a legal basis for the development of a common concept, oriented towards protection against unjustified dismissal at EU level. Furthermore, it is relevant that a certain coherence in the approaches of different legal systems, those of the European Union, the Council of Europe and the International Labour Organisation (ILO), is ensured through the links between the CFR, the ESC (Revised) and the ILO Convention No. 158 on Termination of Employment.

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