Labour Code [LC], Act No. 5 of 1995, last amended in 2003 Date: 05 Mar 2003 (view in NATLEX»)
Law No. 25 of 1997 amending certain provisions of the Presidential Order to promulgate the Labour Code No. 5 of 1995 [LCA] Date: 06 Apr 1997 (view in NATLEX»)
Law No. 35 of 2002 on the organisation of Workers' Trade Unions (unofficial French translation) Date: 31 Aug 2002 (view in NATLEX»)
Obligation to provide reasons to the employee: No
No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).
- Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows: "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related]; (b) if work permanently ceases, either entirely or in part; (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons]; (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ; (e) if the worker reaches statutory retirement age; (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".
- In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case. - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".
Prohibited grounds: maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; age; trade union membership and activities; language; participation in a lawful strike; lawfully taking leave
1) Specific prohibitions of dismissal: * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows: - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave]; - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal; - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter. * Art. 142 LC prohibits dismissal in the course of settlement of proceedings. * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike. * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities. 2) Non-discrimination: * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.
Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC. * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave. * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).