Staff Reduction: Who Has the Preferential Right to Remain Employed in 2026
During staff reductions, employers are required to consider not only the professional qualities of employees but also the legally defined guarantees for certain categories. One such category includes employees of pre-retirement age. The State Labor Service explained who has the preferential right to remain employed in case of reduction.
It is noted that when reducing the number or staff of employees due to changes in the organization of production and labor, preferential right to remain employed is given to employees with higher qualifications and labor productivity.
Under equal conditions of labor productivity and qualifications, preference in remaining employed is given, in particular, to employees who have less than three years left before reaching retirement age, upon which the person has the right to receive pension payments.
Thus, employees who have less than three years left before reaching retirement age, given equal qualifications and labor productivity with other employees, have the advantage of remaining employed in case of staff or workforce reduction.
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