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Comoros - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Comoros - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Article 48 of the Labour Code.



Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Article 43 of the Labour Code requires a valid reason connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; HIV status
Remarks:
  • Article 2 of the Labour Code: general prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin including with respect to disciplinary measures and dismissal.

    Article 44 of the Labour Code (former art. 46) provides a list of reasons which cannot consitute valid reasons for termination:
    - trade-union membership or non-membership and trade-union activities;
    - race, colour, sex, marital status, family responsibilities, pregnancy, religion or belief, political or philosophical opinion, nationality or social origin;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws;
    - absence from work during maternity leave or temporary absence from work because of illness or injury;
    New in June 2012: Additional grounds have been introduced:
    - HIV status, whether real or perceived;
    - having reported or testified about sexual or psychological harassment (workplace bullying) by an employer or his representative.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
    - Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
    - In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.