Labour Code, Law No. 92/007, [LC] Date: 14 Aug 1992 (view in NATLEX»)
Implementing texts dated 26 May 1993: * Decree No. 021 setting the terms for termination of employment for economic reasons; * Order No. 015 setting the conditions and duration of the notice period; * Order No. 016 setting the terms for compensation and calculation of severance pay; * Order No. 017 setting the terms for probationary period. (view in NATLEX»)
Arrêté n° 017/MTPS/SG/CJ du 26 mai 1993 fixant la durée maximale et les modalités de l'engagement à l'essai. Date: 1993
Order No. 22/MTPS/SG/CJ establishing procedures governing terminations on economic grounds (referred to by the Government in the Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of ILO Convention No. 158)
Décret n° 021/MTPS/SG/CJ du 26 mai 1993 fixant les modalités de licenciement pour motif économique. Date: 1993
Obligation to provide reasons to the employee: Yes
Art. 34 (1) LC
Valid grounds (justified dismissal): none
Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given. This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.
The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).
Prohibited grounds: pregnancy; maternity leave; political opinion; trade union membership and activities
The LC does not contain any general provision on non-discrimination. Art. 39 LC: Dismissal based on the opinions of the workers or his affiliation to a trade union are prohibited. Art. 84 LC: Pregnant women and women on maternity leave.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.
Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.