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Niger - Substantive requirements for dismissals
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- Labour Code [LC], 29 June 1996
(Ordonnance n° 96-039 du 29 juin 1996 portant Code du travail au Niger - available in French) Date: 29 Jun 1996 (view in NATLEX »)
Obligation to provide reasons to the employee: YesRemarks: - Dismissals based on the worker's conduct or capacity: art. 72 LC.
Dismissal on economic grounds: art 77 LC.
Valid grounds (justified dismissal): any fair reasonsRemarks: - Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking
Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilitiesRemarks: - See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
Art. 71 LC lists unfair reasons for dismissal. There are: - the above-mentioned groubds for discrimination; - 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 or regulations or recourse to competent administrative authorities; - marital status, pregnancy, temporary absence from work because of illness or injury.
Art. 103 LC: prohibition of dismissal during maternity leave.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leaveRemarks: - * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
* Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.
+ show references
- Labour Code [LC], 29 June 1996
(Ordonnance n° 96-039 du 29 juin 1996 portant Code du travail au Niger - available in French) Date: 29 Jun 1996 (view in NATLEX »)
Obligation to provide reasons to the employee: YesRemarks: - Dismissals based on the worker's conduct or capacity: art. 72 LC.
Dismissal on economic grounds: art 77 LC.
Valid grounds (justified dismissal): any fair reasonsRemarks: - Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking
Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilitiesRemarks: - See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
Art. 71 LC lists unfair reasons for dismissal. There are: - the above-mentioned groubds for discrimination; - 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 or regulations or recourse to competent administrative authorities; - marital status, pregnancy, temporary absence from work because of illness or injury.
Art. 103 LC: prohibition of dismissal during maternity leave.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leaveRemarks: - * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
* Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.
+ show references
- Labour Code [LC], 29 June 1996
(Ordonnance n° 96-039 du 29 juin 1996 portant Code du travail au Niger - available in French) Date: 29 Jun 1996 (view in NATLEX »)
Obligation to provide reasons to the employee: YesRemarks: - Dismissals based on the worker's conduct or capacity: art. 72 LC.
Dismissal on economic grounds: art 77 LC.
Valid grounds (justified dismissal): any fair reasonsRemarks: - Art. 71 LC: valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.
Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilitiesRemarks: - See art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
Art. 71 LC lists unfair reasons for dismissal. There are: - the above-mentioned groubds for discrimination; - 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 or regulations or recourse to competent administrative authorities; - marital status, pregnancy, temporary absence from work because of illness or injury.
Art. 103 LC: prohibition of dismissal during maternity leave.
Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leaveRemarks: - * Art. 216 LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative
* Pregnant women and women on maternity leave: No prohibition of dismissal during the entire period of pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth): art. 103 LC.
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