The requirement for qualifications to work in the private and public sector

Abstract

In order to perform the functions of certain jobs, it is sometimes necessary to have certain academic and professional knowledge. This prevents other workers from accessing certain jobs and hinders free competition and competition between companies, which is why the regulations establish legal reservations and limitations on the imposition of qualification requirements. The aim of this study is to examine, on the basis of an analysis of the regulations and court decisions on the subject, which provisions can establish a qualification requirement, how this requirement must be justified and what the competent court should assess before proceeding to terminate employment contracts due to a lack of the stipulated qualification or administrative authorisation.