L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Go to the home page
Site map | Contact us English | español
> GOUVERNANCE - page d'accueil > EPLex: une base de données sur les législations de protection de l'emploi > Mongolie

Mongolie - Conditions de fond du licenciement


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC)


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to indicate the reasons for dismissals. However, this might be inferred from the fact that the law provides a limited list of valid reasons for dismissing an employee (art. 40 LC).


Motifs autorisés (licenciement justifié): conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LC provides for a list a valid reasons justifying termination at the initiative of the employer, as follows (art. 40.1 LC):
    - dissolution of a branch or a unit of the undertaking, reduction of the number of employees, elimination of a position within the company;
    - failure to meet the job requirements due to the lack of professional qualifications or skill, or health reasons;
    - the employee has reached the age of 60 and is eligible to receive pension;
    - repeated breaches of the disciplinary rules or serious breaches which automatically entail termination of employment according to the provisions of the labour contract;
    - an employee in charge of assets and money has wrongfully acted or failed to act and as a result of which he/she has lost the trust of the employer;
    - employee is elected or appointed to perform another salaried work;
    - occurrence of other grounds set forth in the individual contract.

    In addition, an employee can be dismissed for the following reasons (art. 41 LC):
    - the employer, after an evaluation, that the employee did not fulfil the results of the work to be performed under the contract without a valid reason, or did not do satisfactory work;
    - the employee has entered into a simultaneous employment agreement or contract with another employer;
    - the employer has transferred his or her right of ownership to another person permanently;
    - it is proven that the employee has spent inefficiently or wasted the assets which were transferred to the employee under the individual contract or that the employee has exceeded his/her authority granted by the employer.


Motifs prohibés: grossesse; responsabilités familiales; race; sexe; religion; opinion politique; origine sociale; nationalité/origine nationale; affiliation et activités syndicales
Remarks:
  • Art. 7 LC prohibits discrimination in labour relations based nationality, race, sex, social origin or status, wealth, religion, or ideology.
    See also art. 100 LC which prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    See also, art. 6 of the Law of Trade Union Rights.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Art. 100 LC prohibits the dismissal of pregnant women and mothers with children under the age of 3 except in the event of liquidation of the business or in the event of serious misconduct (repeated breach of disciplinary rules or serious breach of the employment contract and loss of trust in an employee responsible for assets or money due to an act or omission). This protection also applies to a single father with a child under the age of 3.
    - In addition, the law prohibits the employer from dismissing or otherwise punish elected trade union representatives or elected non-union representatives who participate in a negotiation but who have not been relieved from their primary duties without obtaining the permission to do so from a competent authority. This protection applies to the entire negotiation process and until 1 year after negotiations have been completed (art. 12.8 LC).