Act No. 13 of 2003 concerning Manpower [MA] Date: 25 Mar 2003; view website » (view in NATLEX»)
Act No. 21 of 2000 concerning Trade Unions [TUA] Date: 04 Aug 2000; view website » (view in NATLEX»)
Act No. 2 of 2004 concerning Industrial Relations Disputes Settlements [IRDSA] Date: 14 Jan 2004; view website » (view in NATLEX»)
Obligation to provide reasons to the employee: Yes
No express obligation to state the reasons for dismissal. However, according to art. 151 (2) MA: the employer must negotiate directly with the worker (who is not unionized) or, the trade union he belongs to about his intention to carry out the dismissal.
See: * Art. 158 MA: grave wrongdoings, * Art. 168 MA: absence from work for more than 5 days without justified reason, * Art. 161 MA: violation of the provisions specified in the work agreement, the company regulations or the collective agreement, * Art. 160 (3) MA: inability to work for reasons related to legal criminal proceeding, * Art. 163, 164 and 165 MA: economic reasons (change of status of the enterprise, closing down due to continuous losses, bankruptcy).
Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; religion; political opinion; trade union membership and activities; disabilities; family members at the same workplace; whistle blowing; lawfully taking leave; fulfilling state duties; ethnic origin
Art. 153 MA
Workers enjoying special protection: pregnant women and/or women on maternity leave; confirmed injured workers