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. 2017 Apr 28;14(5):470. doi: 10.3390/ijerph14050470

Table 3.

Measurement schemes of the EPL.

Basic Item Short Description Assignment of Numerical Scores
Assigned Scores
0 1 2 3 4 5 6
Individual dismissals of workers with regular contracts
Item1
Notification Procedures
Scale 0–3
0 when an oral statement is enough;
1 when a written statement of the reasons for dismissal must be supplied to the employee;
2 when a third party (such as works council or the competent labor authority) must be notified;
3 when the employer cannot proceed to dismissal without authorization from a third party;
Scale (0 − 3) × 2
Item2
Delay involved before notice can start
Days
Estimated time includes, where relevant, the following assumptions: six days are counted in case of a required warning procedure; one day when dismissal can be notified orally or the notice can be directly handed to the employee; two days when a letter needs to be sent by mail; and three days when this must be a registered letter.
≤2 <10 <18 <26 <35 <45 ≥45
Item3
Length of the notice period at
9 months tenure Months 0 ≤0.4 ≤0.8 ≤1.2 ≤1.6 <2 ≥2
4 years tenure Months 0 ≤0.75 ≤1.25 <2 <2.5 <3.5 ≥3.5
20 years tenure Months <1 ≤2.75 <5 <7 <9 <11 ≥11
Item4
Severance pay at
9 months tenure Months pay 0 ≤0.5 ≤1 ≤1.75 ≤2.5 <3 ≥3
4 years tenure Months pay 0 ≤0.5 ≤1 ≤2 ≤3 <4 ≥4
20 years tenure Months pay 0 ≤3 ≤6 ≤10 ≤12 ≤18 >18
Item5
Definition of justified or unfair dismissal
Scale 0–3
0 when worker capability or redundancy of the job are adequate and sufficient ground for dismissal;
1 when social considerations, age, or job tenure must when possible influence the choice of which worker(s) to dismiss;
2 when a transfer and/or a retraining to adapt the worker to different work must be attempted prior to dismissal;
3 when worker capability cannot be a ground for dismissal;
Scale (0 − 3) × 2
Item6
Length of trial period
Months
Period within which, regular contracts are not fully covered by employment protection provisions and unfair dismissal claims can usually not be made.
≥24 >12 >9 >5 >2.5 ≥1.5 <1.5
Item7
Compensation following unfair dismissal
Months pay
Typical compensation at 20 years of tenure, including back pay and other compensation (e.g., for future lost earnings in lieu of reinstatement or psychological injury), but excluding ordinary severance pay.
≤3 ≤8 ≤12 ≤18 ≤24 ≤30 <30
Item8
Possibility of reinstatement following unfair dismissal
Scale 0–3
0 no right or practice of reinstatement;
1 reinstatement rarely or sometimes made available;
2 reinstatement fairly often made available;
3 reinstatement (almost) always made available;
Scale (0 − 3) × 2
Item9
Maximum time to make a claim of unfair dismissal
Months
Maximum time period after dismissal notification up to which an unfair dismissal claim can be made.
Before dismissal takes effect ≤1 ≤3 ≤6 ≤9 ≤12 >12
Temporary employment
Item10
Valid cases for use of fixed-term contracts (FTC)
Scale 0–3
0 fixed-term contracts are permitted only for “objective” or “material situation”, i.e., to perform a task which itself is of fixed duration;
1 if specific exemptions apply to situations of employer need (e.g., launching a new activity) or employee need (e.g., workers in search of their first job);
2 when exemption exist on both the employer and employee sides;
3 when there are no restrictions on the use of fixed-term contracts.
6 − (Scale (0 − 3) × 2)
Item11
Maximum number of successive FTC
Number No limit ≥5 ≥4 ≥3 ≥2 ≥1.5 <1.5
Item12
Maximum cumulated duration of successive FTC
Months No limit ≥36 ≥30 ≥24 ≥18 ≥12 <12
Item13
Types of work for which temporary. Work agency (TWA) employment is legal
Scale 0–4
0 when TWA employment is illegal;
1 only allowed in specified industries;
2 only allowed for “objective reasons”;
3 generally allowed, with specified exceptions;
4 generally allowed, no (or minimal) restrictions.
6 − (Scale (0 − 4) × 6/4)
Item14
Restrictions on number of renewals
Yes/No - - No - Yes - -
Item15
Maximum cumulated duration of TWA assignments
Months No limit ≥36 ≥24 ≥18 ≥12 >6 ≤6
Item16
Does the set-up of a TWA require authorization or reporting obligations
Scale 0–3
0 no authorization or reporting requirements;
1 requires special administrative authorization;
2 requires periodic reporting obligations;
3 both authorization and reporting requirements.
Scale (0 − 3) × 2
Item17
Do regulations ensure equal treatment of regular and agency workers at the user firm?
Scale 0–2
0 no requirement for equal treatment;
1 equal treatment regarding pay or working conditions;
2 equal treatment regarding pay and working conditions.
Scale (0 − 2) × 3
Strictness of employment protection—Individual dismissals (Regular workers), summary indicator weights
Summary Index of EPR
Scale 0–6
Sub-Indexes
Scale 0–6
Items
Scale 0–6
Weights
Individual dismissals—Regular worker (EPR) Procedural inconveniences (1/3) 1. Notification procedures (1/2)
2. Delay to start a notice (1/2)
Notice and severance pay for no-fault individual dismissals (1/3) 3. Notice period after:
 9 months (1/7)
 4 years (1/7)
 20 years (1/7)
Difficulty of dismissal (1/3) 4. Severance pay after:
 9 months (4/21)
 4 years (4/21)
 20 years (4/21)
5. Definition of unfair dismissal (1/5)
6. Trial period (1/5)
7. Compensation (1/5)
8. Reinstatement (1/5)
9. Maximum time for claim (1/5)
Strictness of employment protection—temporary contracts
Summary index of EPT
Scale 0–6
Sub-indexes
Scale 0–6
Items
Scale 0–6
Weights
Temporary contracts (EPT) Fixed term contracts (1/2) 10. Valid cases for use of fixed-term contracts (1/2)
11. Maximum number of successive contracts (1/4)
12. Maximum cumulated duration (1/4)
Temporary work Agency employment (1/2) 13. Types of work for which is legal (1/3)
14. Restrictions on number of renewals (1/6)
15. Maximum cumulated duration (1/6)
16. Authorization and re porting (1/6)
17. Equal treatment (1/6)