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

Zambia - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • Employment (Amendment) Act of 2015 inserts in section 36(1)(c) on termination of employment the obligation to provide reasons to the employee. The section reads now: A written contract of service shall be terminated (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
    […] ” terminated on the report of a registered medical practitioner."
    (3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking


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; trade union membership and activities; lawfully taking leave; ethnic origin
Remarks:
  • Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
    (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    (b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
    (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
    (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
    (e)absence from work during leave or a rest period in accordance with a written law.

    See also:
    * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

    - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.
    - Sec. 36(4)(b) EA prohibits the termination of an employment contract for an employee seeking office as, acting or having acted in the capacity of, an employee’s representatives.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Employment (Amendment) Act of 2015 inserts in section 36(1)(c) on termination of employment the obligation to provide reasons to the employee. The section reads now: A written contract of service shall be terminated (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
    […] ” terminated on the report of a registered medical practitioner."
    (3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking


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; trade union membership and activities; lawfully taking leave; ethnic origin
Remarks:
  • Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
    (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    (b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
    (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
    (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
    (e)absence from work during leave or a rest period in accordance with a written law.

    See also:
    * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

    - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.
    - Sec. 36(4)(b) EA prohibits the termination of an employment contract for an employee seeking office as, acting or having acted in the capacity of, an employee’s representatives.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Employment (Amendment) Act of 2015 inserts in section 36(1)(c) on termination of employment the obligation to provide reasons to the employee. The section reads now: A written contract of service shall be terminated (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
    […] ” terminated on the report of a registered medical practitioner."
    (3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking


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; trade union membership and activities; lawfully taking leave; ethnic origin
Remarks:
  • Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
    (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    (b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
    (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
    (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
    (e)absence from work during leave or a rest period in accordance with a written law.

    See also:
    * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

    - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Employment (Amendment) Act of 2015 inserts in section 36(1)(c) on termination of employment the obligation to provide reasons to the employee. The section reads now: A written contract of service shall be terminated (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • - Termination of written contracts is regulated by sec. 36 EA, amended in 2015, which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfil a written contract of service, the contract may be.
    […] ” terminated on the report of a registered medical practitioner."
    (3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking


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; trade union membership and activities; lawfully taking leave; ethnic origin
Remarks:
  • Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
    (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    (b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
    (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
    (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
    (e)absence from work during leave or a rest period in accordance with a written law.

    See also:
    * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and sec. 11 MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and sec. 11 MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and sec. 11 MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.


+ show references

Obligation to provide reasons to the employee: No
Remarks:
  • There is no general obligation to inform the employee of the reasons of his or her dismissal.
    Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.


Valid grounds (justified dismissal): none
Remarks:
  • - Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
    However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
    In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

    - Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
    (a) by the expiry of the term for which it is expressed to be made; or
    (b) by the death of the employee before such expiry; or
    (c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
    (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
    No further information is given as to termination of a written contract.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; political opinion; social origin; trade union membership and activities; ethnic origin
Remarks:
  • * Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
    * On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
    * Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
    * On temporary work injury or sickness, see sec. 54(1) LC.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • - The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
    - Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.