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> GOVERNANCE - home > Employment protection legislation database - EPLex

Substantive requirements for dismissals


Afghanistan - 2013    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity

Prohibited grounds: maternity leave

Workers enjoying special protection: pregnant women and/or women on maternity leave

Australia - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; age; trade union membership and activities; disabilities; parental leave; adoption leave

Workers enjoying special protection: no protected groups

Bangladesh - 2017    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: trade union membership and activities

Workers enjoying special protection: workers' representatives

Cambodia - 2017    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: maternity leave; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; participation in a lawful strike; birth

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave

China - 2017    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; sex; religion; nationality/national origin; age; trade union membership and activities; disabilities; ethnic origin

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; confirmed injured workers; older workers/workers on the verge of retirement; workers on temporary leave following an occupational disease or a work injury

India - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; economic reasons

Prohibited grounds: pregnancy; maternity leave; trade union membership and activities

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave

Indonesia - 2013    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; economic reasons; worker's capacity

Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; religion; political opinion; trade union membership and activities; disabilities; family members at the same workplace; whistle blowing; lawfully taking leave; fulfilling state duties; ethnic origin

Workers enjoying special protection: pregnant women and/or women on maternity leave; confirmed injured workers

Iran, Islamic Republic of - 2010    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; economic reasons; worker's capacity

Prohibited grounds: race; colour; sex; language; ethnic origin

Workers enjoying special protection: no protected groups

Japan - 2018    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; religion; social origin; nationality/national origin; trade union membership and activities; whistle blowing

Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury

Korea, Republic of - 2012    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; temporary work injury or illness; sex; religion; social origin; nationality/national origin; age; trade union membership and activities; whistle blowing

Workers enjoying special protection: pregnant women and/or women on maternity leave

Malaysia - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: pregnancy; maternity leave; trade union membership and activities

Workers enjoying special protection: pregnant women and/or women on maternity leave; national employees

Mongolia - 2017    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

Prohibited grounds: pregnancy; family responsibilities; race; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities

New Zealand - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; parental leave; participation in a lawful strike; raising occupational health and security concerns; ethnic origin

Workers enjoying special protection: pregnant women and/or women on maternity leave; workers with family responsibilities

Philippines - 2013    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; trade union membership and activities; disabilities; HIV status

Workers enjoying special protection: pregnant women and/or women on maternity leave

Singapore - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: pregnancy; maternity leave; age; trade union membership and activities

Workers enjoying special protection: pregnant women and/or women on maternity leave

Notes / Remarks
Under the Employment Act, either party to a contract of employment may at any time give to the other party notice of his/her intention to terminate the contract of employment (sec. 10 (1), EA).

In addition, summary dismissal (without notice) by the employer is possible when:
- the employee willfully breaches a condition of the employment contract (sec. 11 (2), EA);
- the employee is continuously absent from work, without leave or reasonable excuse, for more than two days (sec. 13 (2), EA); or
- the employee is found, after due inquiry, to be guilty of misconduct (sec. 14, EA).

Sri Lanka - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; race; sex; religion; social origin; trade union membership and activities; language; birth

Workers enjoying special protection: pregnant women and/or women on maternity leave

Thailand - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: pregnancy; filing a complaint against the employer; trade union membership and activities

Workers enjoying special protection: workers' representatives

Viet Nam - 2012    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; social origin; trade union membership and activities; lawfully taking leave

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers on temporary leave following an occupational disease or a work injury