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> GOBERNANZA - página de entrada > EPLex: una base de datos sobre la legislación de protección del empleo > Bangladesh

Bangladesh - Requisitos de fondo para el despido


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Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment.

    However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


+ show references

Obligación de motivar el despido: No
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely: 'dismissal' (for misconduct), 'discharge' (for incapacity), 'retrenchment' (for economic reasons) and 'termination' (without cause). Justification is only required in the first three instances (secs. 22, 23, 24, 26 LA)
    Therefore in cases other than misconduct, physical or mental incapacity, or economic dismissal, the employer is not required to provide any justification.


Motivos autorizados (despido justificado): ninguno
Remarks:
  • The LA distinguishes between several ways of termination of employment by the employer namely:
    - 'dismissal' : when the worker is found guilty of a misconduct or convicted for criminal offence: secs. 23 and 24 LA)
    - 'discharge from service' for reasons of physical
    or mental incapacity or continued ill-health certified by a registered medical practitioner (sec. 22 LA),
    - 'retrenchment' for economic reasons (sec. 21 LA) and
    - 'termination' without cause (sec. 26 LA).
    Therefore in cases other than misconduct, physical or mental incapacity, or economic reasons, the employer can lawfully terminate any employment contract without having to justify such termination by a valid reason provided that he/she complies with the statutory notice and severance pay requirements (sec. 26 LA).


Motivos prohibidos: afiliación sindical y actividades sindicales
Remarks:
  • No general list of prohibited grounds for discrimination of or dismissal in the LA.
    However, sec. 195(d) prohibits the dismissal, discharge, removal from employment or the threat to undertake such actions by reason that the worker is or proposes to become, or seeks to persuade any other person to become a member or officer of a trade union, or participates in the promotion, formation or activities of a trade union.
    Note also that sec. 228 LA prohibits the employer to discharge, dismiss or terminate the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute.
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).


Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores
Remarks:
  • - No real special protection for pregnant women or women on maternity leave against termination of employment. However, sec. 50 LA "Restriction on termination of employment of a woman in certain cases" provides that: "If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter."
    - Sec. 228 LA prohibits the employer from discharging, dismissing or terminating the employment of a worker while proceedings connected to an industrial disputes are pending (before the labour jurisdictions or an arbitrator) except with the permission of that body and for reasons of misconduct not connected with such dispute. Furthermore, any discharge, dismissal or punishment for misconduct of a trade union officer while such proceedings are pending is prohibited, except with prior authorization from the Labour Court (sec. 228(2) LA).