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> GOVERNANCE - home > Employment protection legislation database - EPLex > Tunisia

Tunisia - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.
    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC.
    Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).
    _________________________
    - Art. 14ter du Code du travail: "Est considéré comme abusif, le licenciement intervenu sans l'existence d'une cause réelle et sérieuse le justifiant ou sans respect des procédures (...)".
    - Art. 14quater du Code du travail: "La faute grave est considérée comme l'une des causes réelles et sérieuses justifiant le licenciement". Pour une liste d'exemples de faute grave, voy. Art. 14 quater LC.
    - Art. 21 du Code du travail: Le licenciement peut aussi être effectué pour des raisons économiques ou technologiques.


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.
    ______________________________
    - Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
    - Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
    - Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.
    ________________________
    - Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
    - Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
    - Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.
    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC.
    Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).
    _________________________
    - Art. 14ter du Code du travail: "Est considéré comme abusif, le licenciement intervenu sans l'existence d'une cause réelle et sérieuse le justifiant ou sans respect des procédures (...)".
    - Art. 14quater du Code du travail: "La faute grave est considérée comme l'une des causes réelles et sérieuses justifiant le licenciement". Pour une liste d'exemples de faute grave, voy. Art. 14 quater LC.
    - Art. 21 du Code du travail: Le licenciement peut aussi être effectué pour des raisons économiques ou technologiques.


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.
    ______________________________
    - Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
    - Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
    - Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.
    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC.
    Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).
    _________________________
    - Art. 14ter du Code du travail: "Est considéré comme abusif, le licenciement intervenu sans l'existence d'une cause réelle et sérieuse le justifiant ou sans respect des procédures (...)".
    - Art. 14quater du Code du travail: "La faute grave est considérée comme l'une des causes réelles et sérieuses justifiant le licenciement". Pour une liste d'exemples de faute grave, voy. Art. 14 quater LC.
    - Art. 21 du Code du travail: Le licenciement peut aussi être effectué pour des raisons économiques ou technologiques.


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.
    ______________________________
    - Article 166 du Code du travail: Procédure spéciale pour le licenciement d'un membre titulaire ou suppléant représentant le personnel au sein de la commission consultative d'entreprise.
    - Article 20(2) du Code du travail: Protection contre le licenciement de la femme enceinte ou en congé de maternité.
    - Article 19 du Code du travail: Le fait d'effectuer des devoirs militaires ne peut être une cause de rupture du contrat de travail.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - The LC provides for specific procedural requirements in order to dismiss a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19). However, the LC does not contain as such a prohibition to dismiss or otherwise discriminate a worker on the basis of his/her trade-union membership or activities. Such prohibition is expressly provided in the Framework Collective Agreement, as amended (art. 5).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    - Art. 20(1) LC: illness cannot be a cause of termination of employment unless the illness is sufficiently severe or protracted and if the needs of the enterprise require the employer to replace the sick employee.
    - Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 14ter LC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Prohibited grounds: pregnancy; maternity leave; temporary work injury or illness; trade union membership and activities; performing military or civil service
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.