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> GOUVERNANCE - page d'accueil > EPLex: une base de données sur les législations de protection de l'emploi > Yémen

Yémen - Conditions de fond du licenciement


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Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Motifs autorisés (licenciement justifié): motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion; âge; affiliation et activités syndicales; langue; participation à une grève légale; prendre légalement ses congés
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Motifs autorisés (licenciement justifié): motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion; âge; affiliation et activités syndicales; langue; participation à une grève légale; prendre légalement ses congés
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Motifs autorisés (licenciement justifié): motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion; âge; affiliation et activités syndicales; langue; participation à une grève légale; prendre légalement ses congés
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Motifs autorisés (licenciement justifié): motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion; âge; affiliation et activités syndicales; langue; participation à une grève légale
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).


+ show references

Obligation d'informer le travailleur des raisons du licenciement: Non
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Motifs autorisés (licenciement justifié): motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion; âge; affiliation et activités syndicales; langue; participation à une grève légale
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).