I less inclined to call it as you see it Juan Tugoh.
I have friends in other industrys that have been made redundant because their industries legislated that they were required to have a particular qualification on a certain date. As they did not ave this qualification, they were made redundant and others that had the same job title but had actually passed the exam were employed to replace them.
Hence I think that the employment laws are slightly skewed. I agree a like for like re-employment by someone else with the "same qualifications" would not be allowed but if the new staff member actually had different and relevant qualifications (such as the new aircraft type rating) then this I believe would effectively fit the scenario I mention above and possibly the existing "non type rated" pilot may be displaced legitimately.
Feel free to discuss...
I would suggest though that either test cases, factual experiences or the actual words of the law be used rather than gut feelings to verify a particular view point would be helpful.