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Conditions de fond du licenciement


Afghanistan - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 23(4) LC.


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • The following are considered to be valid grounds for terminations (art. 23 LC):
    1) Agreement of the both parties,
    2) Expiry of the term of the contract,
    (3) Retirement,
    (4) Death,
    (5) Disability and incapability that hinder the performance of work,
    (6) Cessation of work for more than six months,
    (7) Dissolution of the organization or reduction in the number of workers,
    (8) Final conviction to imprisonment,
    (9) Repeated breach of work after disciplinary warnings.
    (10) Refusal by the worker to work after a reassignment to his/her previous position,
    (11) Unsatisfactory probationary period.

    In addition art. 101 LC regulates disciplinary dismissal which is allowed in the event of absence from work for 20 consecutive days without a good cause and in the event of repeated violations of disciplinary rules.


Motifs prohibés: congé de matérnité
Remarks:
  • - No prohibited ground for dismissals listed in the LC.
    - Similarly, the LC does not contain any list of prohibited grounds for discrimination. Art. 9 LC prohibits any discrimination in recruiting a person, paying the salaries and the allowances to the staff, making a profession, the right to education and providing the social protection.
    - Art. 125 LC prohibits the refusal to employ a women or wages reduction on the grounds of pregnancy or nursing their children but is silent as to dismissal on the same grounds.
    - Art. 147(3) LC provides for the right of employees to participate in trade unions but is silent as to discrimination on the grounds of trade union activities.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 28 LC prohibits any transfer or termination of employment during any paid leave period unless the undertaking has been dissolved. This means that dismissal is not permitted during maternity leave (90 days).
    However this protection does not cover the entire pregnancy period.


Afrique du Sud - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Although there is no general provision in the LRA on the obligation to give the employee the reasons for dismissal, this obligation is implied from several provisions of this Act and in particular the Code of Good Practice on Dismissal contained in the schedule 8 to the LRA.
    The Code of Good Practice details the key aspects (including procedural requirements) of individual dismissals for reasons related to conduct and capacity (see valid grounds).
    * As far as misconduct is concerned, the Code stipulates that the employee has to be informed of the allegations against him or her and has to be given a chance to respond (where necessary, with the assistance of trade union or employees' representatives). If the employee is dismissed, he or she should be given the reasons for dismissal (art. 4 (1) and (4) Code of Good Practice).
    * With regard to incapacity /poor work performance, the obligation to provide reasons is not expressly stated in the Code. However, dismissal during the probationary period cannot take place before the employer has informed the employee that he or she fails to meet performance standards and the employee has had the opportunity to respond by making representations himself or through a trade union representative or fellow employee (sec. 8(1) of the Code).
    With regards to employees having completed the period of probation, the Code stipulates that the procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance (sec. 8(2) of the Code).
    In the event of dismissal based on incapacity/ ill health or injury, the employer shall also conduct an investigation and allow the employee to state a case in response and to be assisted.
    * Lastly, for dismissals based on operational requirements, the reasons for dismissal are communicated to the employees through the compulsory process of consultation with the trade unions or the workplace forum (see art. 189 (1) and (3)a) LRA).

    In any case, the employer will have to explain the reasons for the dismissal before the competent authority in charge of deciding whether or not the reason for dismissal is a fair reasons (sec. 188 LRA, see "valid grounds")


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • "Any fair reasons" should be understood as meaning: "any fair reasons related to workers’ conduct, workers’ capacity, and economic reasons".

    Sec. 188 of the LRA stipulates that a dismissal is unfair where the employer fails to prove that the dismissal was effected for a fair reason connected with the employee's conduct or capacity or based on the employer's operational requirements. (see also sec. 2 of the Code of Good Practice, Schedule 8 to the LRA).
    The Code of Good practice which shall be considered by any competent authority assessing whether or not the dismissal is fair contains detailed provisions including guidelines on dismissals for misconduct, dismissals for poor work performance and dismissals arising from health injury.

    Please also note that a dismissal is also unfair if not effected in accordance with a fair procedure which includes taking account of the Code of Good Practice (see sec. 188 (2) LRA and the Code of Good Practice).


Motifs prohibés: état matrimonial; grossesse ; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; langue; participation à une grève légale; dénoncer des violations; origine ethnique
Remarks:
  • The LRA provides that a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees and trade unions (i.e trade union or workplace forum membership or activities), or if the reason is one of those listed in section 187. These are:
    * participation in, support to, or intention to support a lawful strike
    * the employee refused to do any work normally done by an employee who is participating in a lawful strike unless the work is necessary to prevent an actual danger to life, personal safety or health,
    * compelling an employee to accept a demand concerning a matter of mutual interest between the employer and employee;
    * the exercise of a right under the LRA, or participation in any labour proceedings;
    * pregnancy or maternity; or
    * unfair discrimination based on any arbitrary ground, including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility unless the reason for dismissal is based on an inherent requirement of the particular job;
    * dismissal based on age, unless the employee has reached the normal or agreed retirement age for employees in that capacity;
    * a transfer, or a reason related to a transfer of contract of employment contemplated in section 197 or 197A LRA; or
    * a contravention of the Protected Disclosures Act, 2000, by the employer, on account of an employee having made a protected disclosure defined in that Act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Remarks:
  • Protection only applicable to disciplinary dismissals:
    According to sec. 4(2) of the Code of Good Practice, disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the trade union.


Algérie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Not in the LRA.
    However such obligation is prescribed in the 2006 Collective Framework Agreement: the employer shall indicate the reasons for the dismissal during a preliminary interview with the employee and in the employment termination letter. (art. 65 and 66 CFA)


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • The LRA allows an employer to dismiss an employee in the following cases:
    - Art. 73 LC: disciplinary dismissal for serious misconduct (includes a list of acts which constitute serious misconduct)
    - Art. 69 LC: workforce reduction for economic reasons.

    The Collective Framework Agreements of 2006 provides for a list of valid grounds for dismissal, as follows (art. 61 CFA)
    - serious misconduct within the meaning of art. 73-1 LRA;
    - legitimate and serious reasons relating to the employee personally within the meaning of art. 73-5 LRA. [Note that art 73-5 LRA provides for the right to notice to any workers which did not commit any serious misconduct]
    - workforce reduction for economic reasons
    - total and permanent and incapacity to work within the meaning of the social security legislation.
    The terms and conditions of application of this provision shall be specified in collective agreements.


Motifs prohibés: affiliation et activités syndicales
Remarks:
  • - Art. 53 of the Act No. 90-14 of 2 June 1990 on the exercise of the right to organise prohibits the dismissal (and any other disciplinary measures) of a trade union officer on the grounds of his/her trade union activities.
    - The LRA does not contain any provision forbidding the dismissal of a worker on certain discriminatory grounds.
    However, art 17 of the LRA prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or non-membership of a trade union.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No statutory provision found in the legislation reviewed.


Allemagne - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 1 PADA


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 1 (2) PADA:
    Dismissal shall be socially justified by reasons relating to the employee's person or conduct or compelling operational requirements.


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; origine ethnique
Remarks:
  • The General Equal Treatment Act (2006, as amended in 2013) prohibits discrimination (including with respect of termination of employment) on the basis of race, ethnic origin, gender, sexual identity, religion, disability and age: sec. 1 and 2 (1) 2).
    Prohibition of dismissal during pregnancy and maternity leave: sec. 17 Maternity Protection Act (as amended in May 2017).
    Sec. 75 WCA obligation of the employer and the works council to ensure that the employees do not suffer any discrimination on the ground of race, creed, nationality, origin, political or trade union activity or convictions, gender or sexual identity.
    Sec. 612a CC prohibition to discriminate on the basis of the lawful exercise of his rights by the employee.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs handicapés
Remarks:
  • - Pregnant women : sec. 17 Federal Act on Maternity Protection (2002, as amended in May 2017): prohibition of dismissal during pregnancy and up to 4 months after childbirth).
    - Maternity /parental leave: sec. 18 of the Federal Parenting Benefits and Parental Leave Act (2007, as amended in May 2017)
    - Disabled workers: sec. 85 Social Code, book IX: or consent of the integration office required.
    - Worker's representatives: sec. 15 PADA.
    Prohibition of dismissal except in case of serious misconduct (good cause).


Angola - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • - Disciplinary dismissals:
    The reasons justifying the intended disciplinary action (including dismissals) must be stated in the prior interview notification (art. 50(2)a) GLA)l, then explained in detail during the interview (art. 51(1) GLA) and lastly be included in the written communication of the disciplinary dismissal to the employee (art. 52(2) GLA).

    - Economic dismissals:
    The reasons underlying economic individual (affecting less than 5 workers) and collective dismissals shall be provided in the notification to the worker's representatives (arts. 231(1) and 239(2) GLA)
    In the event of individual dismissal, copy of that notification shall be sent to the workers along with the notice of dismissal (for individual dismissals: see arts. 232(1) and 232 GLA, and for collective dismissals, see: arts. 239(1)).
    [In the event of collective dismissal, in the absence of an employees' representatives established body, the employer shall post a written notice to all workers informing them of the intended collective dismissal and the reasons for it and of the fact that they can set up a committee of 3 to 5 workers to represent them during the consultation process (art. 239(4) GLA)].


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 224 GLA: Just cause is required for individual dismissal. Just causes include serious disciplinary offenses or the objective causes which make it impossible to maintain the employment relationship.
    * Disciplinary reasons:
    Art. 225 GLA provides a list of just causes justifying disciplinary dismissal (e.g. unjustified absence from work, non-observance of the working hours, lack of punctuality, serious disobedience, verbal or physical violence against the employees, the employer or his/her representatives, severe indiscipline, repeated lack of compliance with the obligations incumbent to the worker, theft, robbery, embezzlement, fraud, revealing manufacturing secrets, causing damages deliberately or through gross negligence to the premises, equipment, bribery and corruption, intoxication or drug addiction, non-compliance with the safety and hygiene rules).
    *Objective reasons:
    Art. 230 GLA: dismissal can be justified by economic, technological and structural reasons involving internal reorganization, restructuring, reducing or closing down the business activity.


Motifs prohibés: état matrimonial; grossesse ; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; accomplissement du service militaire ou civil ; langue; membres de la famille sur le même lieu de travail; origine ethnique
Remarks:
  • Art. 228(2) GLA provides for the nullity of any dismissal which is based on the following grounds:
    - political, ideological and religious views;
    - trade-union affiliation (and non-affiliation);
    - any other discriminatory grounds listed in arts. 3(1) and 20(2)b) GLA. Those include: race, colour, sex, ethnic origin, marital status, social condition, political or religious views, trade union membership, language, age, citizenship, family members at the workplace, careers, wages, duration and other conditions of work.
    - In addition, the law provides for a prohibition to dismiss a woman covered by the maternity protection (that is during the entire pregnancy and up to one year after delivery) unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship (art. 272(1)d and 278 GLA).
    - Lastly, there is a presumption of unfair dismissal (rebuttable by the employer), when a dismissal takes place within 6 months:
    * after an employee's complaint regarding his/her working conditions or a violation of his/her rights,
    * after the refusal to follow illegal orders,
    * after the worker has exercised or intended to exercise any other rights conferred by statute.
    The dismissal of a worker, who has held or sought to hold office as a trade union representative or an employees' representative, is also presumed to be unfair when it takes place within 2 years after the completion of his/her term or after the selection process.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs handicapés; vétérans de guerre; travailleurs mineurs
Remarks:
  • Art. 227 provides for special protection against dismissal for the following categories of workers:
    - trade union leaders, trade union delegates or worker's representatives;
    - women covered by maternity protection (=during the entire period of pregnancy until 1 year after delivery (arts 272 and 278 GLA);
    - war veterans;
    - minors (art. 288 GLA);
    - workers with a limited occupational disability degree of 20% or above.
    Any disciplinary and economic (individual and collective) dismissal of the above-mentioned workers (except for trade union leaders, trade union delegates or worker's representatives) is subject to the authorization of the General Labour Inspectorate (see arts. 227(3), 233(3), 244(3), 278, 288 GLA). The law provides that a woman covered by the maternity protection has the right not to be dismissed unless she commits a disciplinary offence which makes it immediately and practically impossible to maintain the employment relationship and provided that the Labour inspector acknowledges that the offence is of such nature and grants authorization (art. 272(1)d) and (5) GLA)
    - Specific rules apply to the disciplinary dismissal of trade union leaders, trade union delegates or worker's representatives: mandatory notification to the trade union or the body they belong, presumption of unfair dismissal, higher compensation for unfair dismissal.



Antigua-et-Barbuda - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Upon termination by an employer subsequent to the expiration of the probation period, the employer is required to furnish a written statement indicating the precise reason for the termination, upon a request being made by the employee within seven days of termination or notice thereof (sec. C10 LC as amended by sec. 8 LCA).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. C56 LC: After the expiry of the probationary period, every employee has the right not to be unfairly dismissed and no employer shall dismiss any such employee without just cause.

    According to sec. C58 LC a dismissal is not unfair if the reason behind it:
    - relates to misconduct of the employee,
    - relates to the capability or qualifications of the employee to perform work
    - is that the employee was redundant;
    - is that the employee could not continue to work in the position he held without contravention (on his or on the employer's part) of a requirement of law; or
    - is some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee held (inserted by sec. 18 LCA)
    There needs to be a factual basis for the assigned reason.
    The test for deciding whether or not a dismissal was unfair is whether or not, under the circumstances the employer acted unreasonably or reasonably.


Motifs prohibés: race; couleur; sexe; religion ; opinion politique ; âge ; affiliation et activités syndicales
Remarks:
  • The LC does not expressly provide a list of prohibited grounds for dismissal.
    However, sec. C4(1) LC prohibits discrimination with respect to hire, tenure, wages, hours, or any other condition of work on the grounds of race, colour, creed, sex, age or political beliefs.
    On trade union membership or activities, see sec. K(3) and K(4) LC.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No provision found in the legislation reviewed.


Arabie saoudite - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 75 LL: the contract can be terminated by either party for a valid reason to be specified in a written notice.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 75 LL: "a contract of an indefinite term can be terminated by either party for a valid reason to be specified in a written notice".
    Sec. 80 LL: provides for a list of behaviours entailing dismissal without notice (dismissal for serious misconduct).


Motifs prohibés: congé de matérnité
Remarks:
  • No statutory provision on non-discrimination in the LL.
    Maternity leave: sec. 155 LL
    Note: dismissal during pregnancy is not prohibited. What is only prohibited is dismissal during illness resulting from pregnancy provided the absence of the worker does not exceed 180 days.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Limited protection. No prohibition of dismissal of pregnant women as such: the prohibition only covers maternity leave (sec. 155 LL: 10 weeks period) and period of illness resulting from pregnancy or delivery provided it does not exceed 180 days (sec. 156 LL).


Argentine - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 242 LCL: Termination for "just cause" (justa causa):
    Either of the parties may terminate the contract of employment if the other fails to discharge his or her obligations under the contract to an extent such that the relationship can no longer continue. When an employer decides to dismiss a worker for "just cause", notice of the fact must be given in writing with a sufficiently clear indication of the grounds invoked for the termination of the contract.

    Where the other party challenges the termination, no changes on the grounds indicated in the notice are permitted (art. 243 LCL).


Motifs autorisés (licenciement justifié) : tout motif légitime; motifs économiques
Remarks:
  • Art. 242 LCL: Termination for "justified grounds" (justa causa): Either of the parties may terminate the contract of employment if the other fails to discharge his or her obligations under the contract to an extent such that the relationship can no longer continue. The LCL does not specify the conduct or acts that will be considered sufficient to terminate employment.

    Art. 247 LCL: A dismissal can be ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer's control. In such case, the worker is entitled to receive compensation.

    Art. 244 LCL: A worker's abandonment of his or her work may be regarded as constituting a failure to discharge his or her duties only if he or she is found to be absent after formal notice has been served on the worker instructing him or her to resume work within a period appropriate to the circumstances of the case.



Motifs prohibés: état matrimonial; grossesse ; race; sexe; religion ; opinion politique ; nationalité/origine nationale ; âge ; affiliation et activités syndicales
Remarks:
  • See: Art. 17 LCL: general prohibition of discrimination in employment; art. 178 (dismissal on the grounds of pregnancy); art: 181-182 (dismissal on the grounds of marriage).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée; travailleurs seniors/à la veille de la retraite; travailleurs effectuant leur service militaire/service alternatif; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail; travailleurs exerçant un mandat électif ou une fonction politique
Remarks:
  • Argentine law provides special protection from employment termination to some specific categories of workers, including: women, trade union representatives and members, injured workers, workers on the verge of retirement, and those serving in the military.

    - A woman worker must notify her employer of her pregnancy and provide a medical certificate stating that her confinement will probably take place within the period indicated. She is to retain her employment during the period indicated and is entitled to the allowances granted by the social security schemes. She must also be guaranteed stability of employment, which will constitute an acquired right from the date on which she notifies her employer of the fact that she is pregnant (art. 177 LCL).

    It shall be presumed, in the absence of proof to the contrary, that the dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it takes place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child. Under such circumstances, she should be paid compensation equivalent to one year's wages in addition to any other compensation required by law (arts. 177 and 182 LCL).

    - A worker belonging to a board of management or holding representative office in an occupational association with trade status, in bodies which require trade union representation, or holding political office in the Government, is entitled to automatic leave without pay, and the employer must keep his or her job open and reinstate him or her when he or she ceases to perform his or her duties. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal (Act No. 23551 of 14 Apr. 1988 on trade unions, art. 48).

    - Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of office and for one year thereafter, unless there is good cause for doing so. Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.(Act No. 23551, arts. 48 and 50).

    - Article 50 Act No. 23551 establishes the special protections for worker representatives: Workers protected by articles 40, 48 and 50 of this Act cannot be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding such protection, in accordance with the procedure established in Article 47. […] When the employer violates the protection established in the abovementioned articles, the worker will have the right to demand before a judge its reinstatement, together with the salaries lost during the judicial procedure, or the reestablishment of its working conditions. […]

    - Where, on expiry of the periods for which work may be interrupted on account of a bona fide accident or illness, a worker is unable to return to work, the employer should keep his or her post open for one year, counting from the expiry of such periods (art. 211 LCL).

    - Where a worker fulfils the qualifying conditions for retirement pensions and begins the necessary formalities, the employer must maintain the employment relationship until the appropriate fund grants the benefit, for a maximum of one year (art. 252 LCL).

    - An employer must keep a worker's post open if the latter is obliged to perform compulsory military service because of an ordinary call-up, mobilization or special call-up, and must continue to do so from the date of the call-up and until 30 days after the completion of the service (art. 214 LCL).


Arménie - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 115 LC


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 113 LC


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; langue; participation à une grève légale; prendre légalement ses congés
Remarks:
  • Art. 114 LC


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

    On temporary work incapacity, see art. 118 LC


Australie - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • The FWA does not establish as such a general obligation to provide reasons before any dismissal. However, this obligation is implied since notification to the employee is one of the criteria to be considered by the Fair Work Commission (national workplace relations tribunal) when assessing whether the dismissal was harsh, unjust or unreasonable (= test for unfair dismissal).
    S387 provides that "In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take account:
    (a) whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees); and
    (b) whether the person was notified of that reason ; and
    (c) whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and
    (d) any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and
    (e) if the dismissal related to unsatisfactory performance by the person, whether the person had been warned about that unsatisfactory performance before the dismissal; and
    (f) the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
    (g) the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
    (h) any other matters that FWC considers relevant."

    Note that the harsh, unjust or unreasonable test does not apply to small business employers (less than 15 employees).
    It is sufficient for those employers to comply with the Small Business Fair Dismissal Code:
    For dismissals other than summary dismissals, "the small business employer must give the employee a reason why he or she is at risk of being dismissed. The reason must be a valid reason based on the employee's conduct or capacity to do the job.
    The employee must be warned verbally or preferably in writing, that he or she risks being dismissed if there is no improvement.
    The small business employer must provide the employee with an opportunity to respond to the warning and give the employee a reasonable chance to rectify the problem, having regard to the employee's response.
    Rectifying the problem might involve the employer providing additional training and ensuring the employee knows the employer's job expectations."


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • See s385 to s389 FWA that set up the elements that make up an unfair dismissal.
    Consequently, a fair dismissal means:
    1) a dismissal which was not harsh, unjust or unreasonable; and
    2) a dismissal which was consistent with the Small Business Fair Dismissal Code; and
    3) the dismissal which was a case of genuine redundancy
    .

    1) s387 sets out the criteria to be considered by the competent body (Fair Work Commission) when assessing whether the dismissal was harsh, unjust or unreasonable.
    This includes whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees) in addition to other factors related to procedural fairness.

    2) Dismissal consistent with the Small Business Fair Dismissal Code (applicable to employers with less than 15 employees).
    This code regulates summary and other dismissals.
    - With regards to summary dismissal, the code stipulates that: "It is fair for an employer to dismiss an employee without notice or warning when the employer believes on reasonable grounds that the employee's conduct is sufficiently serious to justify immediate dismissal".
    - For other dismissals, the code provides for an obligation to give the employee a reason why he or she is at risk of being dismissed. "The reason must be a valid reason based on the employee's conduct or capacity to do the job". In addition, for the dismissal to be fair, the employer must observe procedural requirements (prior warnings, opportunity to respond and giving a chance to rectify the problem).
    (see s388 FWA and Small Business Fair Dismissal Code)

    3) Fair dismissal by means of genuine redundancy (s389 FWA):
    There is a case of genuine redundancy if:
    "(a) the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise (= fair reason); and
    (b) the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy (= procedural fairness)"


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; congé parental; congé d'adoption
Remarks:
  • Regarding the above list of prohibited grounds:
    - "Family responsibilities" should be understood as covering "Family or carer's responsibilities";
    - "Temporary work injury or illness" should be understood as covering "Temporary absence from work due to work injury or illness";
    - "Social origin" should be understood as covering "National extraction or social origin"; and
    - "Disabilities" should be understood as covering "Physical or mental disabilities".

    Part 3-1 of the FWA contains a set of general protections against discriminatory or wrongful treatment which includes but is not limited to protection against dismissal on certain grounds. See in particular:
    - s340 FWA that prohibits adverse action (which includes dismissal) against another person in relation to the exercise of workplace rights (as defined in s341 FWA);
    - s346 FWA that prohibits adverse action (which includes dismissal) against another person in relation to industrial activities;
    - s351 FWA on discrimination;
    - s352 FWA on prohibition of dismissal on the grounds of temporary absence from work because of illness or injury.
    Employees who believe to have been dismissed in contravention with the "general protections provisions" of the Act, can apply to Fair Work Commission to deal with the dismissal.

    The Act also contains a special provision on unlawful termination: s772 FWA makes it unlawful for an employer to terminate an employee's employment for certain reasons. However, employees are barred by s723 from lodging a complaint of unlawful termination if they are entitled to make a general protections court application in relation to the conduct. Therefore, unlawful termination applications are only available to workers employed by Western Australian corporations whose main activity is not trading or financial or Western Australian sole traders, partnerships, or other unincorporated entities.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No statutory provisions providing for special protection found in the legislation reviewed.


Autriche - 2016    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • No grounds for dismissals required in the laws reviewed. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    For summary dismissals, important reasons are required: sec. 1162 CC. Are considered as "important reasons" those reasons relating to the worker's conduct or capacity (see sec. 82 Commerce Regulations, sec. 27 White-collar employees Act).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; sexe; orientation sexuelle ; religion ; opinion politique ; âge ; affiliation et activités syndicales ; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • Under the Federal Equal Treatment Act (2004, as amended in 2005), are prohibited in connection with dismissals, discrimination on the grounds of sex (including marital and family status), ethnicity, religion, age and sexual orientation (sec. 3 (7) and 17 (1) 7)).
    On pregnancy and maternity leave, see: Maternity Protection Act, sec. 10.
    In addition, sec. 105 (3) 1) WCA provides a list of inadmissible reasons for dismissals: trade union activities (and assimilated : works council members, health and safety representatives..), absence as a consequence of military or civil service, filing a complaint against the employer (well-founded claims in respect of entitlement or benefits arising out of the employment contract).
    When contested before the Court, the judge will assess the existence of prohibited grounds for dismissal or whether it consititutes an unfair dismissal (verpönte Kündigungsmotive or sozialwidrige Kündigungsmotive).



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs seniors/à la veille de la retraite; travailleurs handicapés; travailleurs effectuant leur service militaire/service alternatif
Remarks:
  • The following categories can only be dismissed with prior authorization from the court and only under specific grounds:
    * Pregnant women and women on maternity leave: sec. 10 Maternity Protection Act (as an exception to the general prohibition of dismissal);
    * Employees on parental leave: sec. 7 and 8f Parental Leave Act and 10 Maternity Protection Act (furthermore, even if an employer terminates a pregnant women on the grounds other than her pregnancy for up to 4 months after she gave birth, the female employee who is dismissed only has to prove the probability that the termination was actually due to the pregnancy, so as to invalidate the termination, sec. 10 8) Maternity Protection Act)
    * Works council members: sec. 120 to 122 WCA;
    * Employee performing military service or alternative service.

    In addition, dismissal of a disabled worker requires the prior consent of the invalidity board (sec. 8, Disabled Persons Act).

    Lastly, an employer who intends to terminate an older worker's contract with a tenure of more than 2 years is required to take social aspects (difficulties in finding a job) into account (sec. 105 3) 2. b) WCA).


Azerbaïdjan - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 71 (3) and Art. 76 LC


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 70 LC

    In 2011, an amendment added employees working in a state-financed enterprises that reach working age limit to the list of Art. 70.
    (source: 17 May 2011 #127-IVQD)


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; congé parental; état de santé
Remarks:
  • Art 79(1) LC: Pregnant women, single parent, people raising children under the age of 3, workers who temporarily lost an ability to work, workers with diabetes or scattered sclerosis, members of a trade union or political party, workers with limited health capabilities under the age of 18 or with a severe disability, during negotiations of collective bargaining.

    Prohibited ground for a dismissal on the basis of race, sex, religion, together with other grounds are listed in Art. 16(1) LC on “Non-discrimination in labour relations”.ns”.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs effectuant leur service militaire/service alternatif; travailleurs mineurs
Remarks:
  • Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

    Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

    Art. 77 LC provides protections for workers performing military/alternative service.


Bangladesh - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non
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.


Motifs autorisés (licenciement justifié) : aucun
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).


Motifs prohibés: affiliation et activités syndicales
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).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
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."


Belgique - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • In previous years, there was no general obligation to motivate the dismissal. Only blue-collar workers were expressly protected against unfair dismissal by their employer on the basis of Art.63 ECA. White-collar workers could only invoke the theory of abuse of rights ("théorie de l'abus de droit") if they considered that they had been unfairly dismissed.

    With effect from 1 April 2014 -- the date of entry into force of Collective labour agreement No. 109 -- any dismissed worker belonging to the private sector, whether a blue-collar worker or a white-collar worker, has the right to be informed by his employer about the concrete reasons that led to his/her dismissal. However, the Collective labour agreement No. 109 does not apply to dismissals that take place during the first 6 months of employment (Art. 2(2)).

    The theory of abuse of rights may still be invoked by both private and public sector workers when they feel they have been wronged as to the reason of their dismissal.

    For further information:
    Collective Labour Agreement No 109, 18 February 2014, on the motivation of dismissal.
    http://www.cnt-nar.be/CCT-COORD/cct-109.pdf

    See also:
    http://www.emploi.belgique.be/defaultTab.aspx?id=42146


Motifs autorisés (licenciement justifié) : aucun; aucun
Remarks:
  • The Law does not provide explicitly for the need to provide valid grounds to justify dismissals.

    However, the national 2014 Collective labour agreement No. 109 provides that a dismissal of a worker on a contract of employment of indefinite duration would be "manifestly unreasonable" if it is based on reasons that are not at all connected to the capacity or conduct of the worker, or to the operational requirements of the undertaking --and that would have not been decided by an employer "normal and reasonable" (Art. 8).

    The 2014 Collective agreement (Art. 3-7) provides that a worker can request to receive a notice on the reasons for his or her dismissal from the employer within 2 months after the dismissal took place. The employer then must respond within 2 months. (This rule does not apply to collective dismissals.)


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; langue; dénoncer des violations; naissance; état de santé ; information génétique; origine ethnique
Remarks:
  • Three national laws constitute the legal framework for the fight against discrimination in the area of employment and occupation, including termination:

    - Loi générale du 10 mai 2007 tendant à lutter contre certaines formes de discrimination ;
    - Loi du 10 mai 2007 tendant à lutter contre les discriminations entre les hommes et les femmes;
    - Loi du 30 juillet 1981 tendant à réprimer certains actes inspirés par le racisme et la xénophobie.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs exerçant un mandat électif ou une fonction politique
Remarks:
  • * Pregnant women: prohibition of dismissal (art. 40 LA).
    * Workers' representatives: see Act of 19 March 1991 establishing specific dismissal rules and procedures for workers' representatives on works councils and health, safety and working conditions committees.

    * Prevention advisers
    The law also provides for special procedures concerning termination of employment of "Prevention advisers" ("conseillers en prévention") in charge of prevention and protection at work. See: Act of 20 December 2002 on the protection of prevention advisers ("Loi du 20 décembre 2002 portant protection des conseillers en prévention")

    *Other categories of workers who benefit from special protection against termination of employment, see list:
    http://www.emploi.belgique.be/defaultTab.aspx?id=42149

    - protection en faveur du père qui fait usage de son congé de paternité
    - protection en faveur du parent adoptif
    - protection en faveur du médecin du travail
    - protection en faveur de certains mandataires politiques
    - protection en faveur du travailleur qui a obtenu un crédit-temps
    - protection en faveur du travailleur qui a obtenu une interruption de carrière
    - protection en faveur du travailleur qui a obtenu un congé éducation-payé
    - protection en faveur du travailleur ayant formulé certaines observations au sujet de modifications apportées au règlement de travail
    - protection en faveur du travailleur qui a déposé une plainte dans le cadre de la réglementation en matière d’égalité de traitement entre hommes et femmes; la réglementation relative à la violence ou le harcèlement moral ou sexuel au travail; la réglementation en matière de racisme et de xénophobie; la réglementation ayant trait à certaines formes de discrimination.


Bolivie - 2017    

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Motifs autorisés (licenciement justifié) : conduite du travailleur
Remarks:
  • Art. 16 of the Labour Code sets out the following causes for the termination of employment and in these cases there is no entitlement to severance pay or compensation:
    a) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


Motifs prohibés: état matrimonial; grossesse ; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; langue; naissance; origine ethnique
Remarks:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

    Art. 14 of the Bolivian Constitution
    Regarding trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs handicapés
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Botswana - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 11(10) of the Code of Good Practice on Termination of Employment provides that if the employee is dismissed, the employee must be given the reason for dismissal and notified of the right to refer a dispute concerning the wrongfulness of the dismissal to the Office of the Labour Commissioner.
    Although there is no general provision in the EA on the obligation to give the employee the reasons for dismissal, this obligation is implied from several provisions of the Code of Good Practices on Dismissal.
    See sec. 25(2)EA. when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner and to every employee to be or likely to be directly affected by the reduction.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 3(6.1) & (6.2) of the Code of Good Practice on Termination of Employment provides that in a contract for an unspecific period, a dismissal is not wrongful if it is effected for a fair reason and in accordance with fair procedure. There are normally only 3 recognised grounds of dismissal for a fair reason: misconduct, incapacity; including poor work performance or ill health or injury; and operational requirements.

    The Code of Good Practice further provides guidance on substantive considerations, which may be described as fair reasons, for the determination of whether an employee should be dismissed on the grounds of misconduct (sec. 6); incapacity due to poor work performance (sec 8) or ill health (sec. 9); and incompatibility (sec. 10).

    Sec. 26(4) of the EA provides that the term "serious misconduct"means: wilful disobedience of lawful and/or reasonable orders given by the employer; wilful, express or implied, misrepresentation by the employee in respect of his skills or qualifications; habitual or wilful neglect of duties; acts of theft, misappropriation or wilful dishonesty against the employer, another employee, or a customer or client of the employer; acts of violence; damage caused wilfully or by gross negligence to movable or immovable property of the employer; wilful disclosure of confidential information or trade secrets where such disclosure is or is likely to be detrimental to the interests of the employer; inability to carry out normal duties, due to the consumption of alcohol or habit-forming drugs; wilful refusal to obey or comply with any safety rules or practices for the prevention or control of accidents or diseases; consistent work performance below average despite at least two written warnings; offering or receiving bribes; persistent absence from work without permission provides that no contract of employment may be terminate arbitrarily, without due process and just cause.

    Sec. 14(1) of the Code of Good Practices on Discrimination provides that the security of the employment is one of the primary concerns of employees and no contract of employment may be terminated arbitrarily, without due process and without just cause.


Motifs prohibés: état matrimonial; congé de matérnité; avoir déposé une plainte contre l'employeur; race; couleur; sexe; opinion politique ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; statut sérologique VIH ; remplir des obligations civiques; origine ethnique
Remarks:
  • See sec. 23 of the EA. General prohibition of discrimination on the grounds of marital status; filing a complaint against the employer; race; colour; sex; political opinion; social origin; trade union membership and activities; fulfilling state duties; ethnic origin, age.

    Sec. 116 EA. Prohibition of serving notice of termination of contract of employment during maternity leave.

    Sec. 9(1) of the Code of Good Practice on HIV/AIDS provides that employees with HIV/AIDS may not be wrongfully dismissed solely on the basis of their HIV/AIDS status.

    Sec. 8 of the Code of Good Practice on Discrimination. Dismissals based on employees with disabilities is prohibited.




Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Sec. 23(b) of the EA provides that an employer may not terminate the employment contract of an employee seeking office, as or acting or having acted in the capacity of an employees' representative;

    Sec. 116 EA. prohibits the dismissal of employees during maternity leave, and/or during leave of absence a longer period due to illness related to pregnancy or childbirth.


Brésil - 2011    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • Under the CLL, either party can terminate a contract of indefinite duration at will by observing notice requirements. (art. 499 CLL). In addition, an employer who dismisses an employee without cause has to pay a specific compensation (see remarks under severance pay).
    The 1988 Constitution provides for the right of rural and urban workers to be "protected against arbitrary dismissal or against dismissal without just cause, according to a supplementary law which shall establish termination pay, among other rights" which is implemented through the FGTS system (Act No. 8036 of 1990). Employee's protection therefore lies in the right to receive termination payment ("verbas rescisórias").
    Certain categories of employees enjoy job stability and therefore can only be dismissed for serious reasons (see "workers enjoying special protection").
    In cases where the employee has committed one of the grave misconducts enumerated under the CLL, the employment relationship may be terminated by way of "dismissal for just cause" (art. 482 CLL)
    The acts entailing dismissal for just cause include: deceit; misconduct; breach of discipline or insubordination; criminal conviction (except if the sentence is suspended), habitual drunkenness or drunkenness while on duty; disclosure of trade secrets; neglect of duty; performance of acts that damage the reputation of the employer or third parties; if it is established by an administrative inquiry that the employee is guilty of acts which are detrimental to national security.
    In such cases, notice and compensation requirements shall not be observed.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; couleur; sexe; origine sociale ; âge ; affiliation et activités syndicales ; participation à une grève légale; origine ethnique
Remarks:
  • - Pregnant employees enjoy job stability and cannot be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement (this covers the duration of maternity leave which is 120 days) (art. 10(IIa) Constitution, Transitional Provisions). See also Act 9799 of 1999, which prohibits any form of discrimination against women in employment (including on the grounds of pregnancy).
    - Act No. 9029 of 13 April 1995 prohibits discrimination practices on the basis of sex, origin, race, colour, marital status, family status or age, in respect of access to employment or termination of employment.
    - Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).
    -The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in a trade union and for one year thereafter (art. 8(VIII) Constitution).
    - Dismissal of workers involved in a strike is prohibited expect in the event of an abuse of the right to strike (Act 7783 of 1989, art. 7).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs ayant une longue ancienneté; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter (art. 8(VIII), Constitution). If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement.
    - The Constitution also prohibits arbitrary dismissal or dismissal without cause of Workers' representatives on the Internal Accident Prevention Commission from the date of registration as a candidate until one year after the end of his or her term of office (art. 10(IIa), Constitution, Transitional Provisions). The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated (art. 165 CLL).
    - Pregnant workers also enjoy job stability and can therefore not be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement.
    (art. 10(IIa) Constitution, Transitional Provisions).
    - Until the adoption of the 1988 Constitution, workers with at least ten years of service enjoyed job security and could only be dismissed on the grounds of a serious offense or force majeure upon authorization from the Labour Court. For those workers who have acquired the right of security of tenure after ten years of service before the adoption of the 1988 Constitution (= those hired before 1978), the job security provisions of the CLL are still applicable. Dismissals are prohibited except on account of a serious offence or force majeure (art. 492 CLL). If none of those grounds are proved, they are entitled to reinstatement or compensation in lieu of reinstatement.
    - Security of employment is guaranteed through reinstatement to employees who, because of an employment accident or occupational disease, were obliged to suspend the employment relationship (Act No. 8213 of 24 July 1991).


Bulgarie - 2016    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • The Labour Code does not specify whether the employer shall provide reasons for dismissal.
    However, see:
    - Art. 328 LC: exhaustive list of 12 situations when dismissal with notice is authorized;
    - Art. 330 LC: exhaustive list of 8 situations when dismissal without notice is authorized.
    - Art. 190 LC lists authorized grounds for disciplinary dismissal.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 328 LC lists 12 situations when dismissal with notice is authorized.

    Art. 330 LC lists 8 situations when dismissal without notice is authorized. Authorized grounds disciplinary dismissal are listed in art. 190 LC.


Motifs prohibés: état matrimonial; responsabilités familiales; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; origine ethnique
Remarks:
  • See Art. 8 (3) LC
    See also art. 4 (1) together with art. 21 (on termination of employment) of the Protection from Discrimination Act, 2003.
    In addition, "differences in the contract term and duration of working time" are listed as prohibited grounds of discrimination.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs avec une invalidité consolidée
Remarks:
  • Art. 333 (1), (3), (5), (6) LC
    * Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

    * Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

    *Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
    A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).


Burkina Faso - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 65 LC


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 71 LC: A dismissal is "abusive" if it is effected without a legitimate reason.
    See also specific provisions on serious misconduct (art. 69 LC) and economic dismissals (art. 98 LC).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut sérologique VIH
Remarks:
  • Art. 4 and 71 LC.
    See also 286 LC on trade union representatives and 147 LC on women on maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 314 LC
    Art. 147 LC: prohibition to dismiss women on maternity leave.


Cambodge - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 74 LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 74 LC: no dismissal can take place without a valid reason relating to the worker's aptitude or behavior, based on the requirements of the operation of the enterprise, establishment or group.
    Art. 83 LC on serious offences entailing summary dismissal.


Motifs prohibés: congé de matérnité; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; participation à une grève légale; naissance
Remarks:
  • Art. 12 LC; art. 279 LC (trade union activities); art. 182 LC (maternity leave); art. 333 LC (participation in a strike).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 293-295 LC
    The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward (art. 282 LC).

    Art. 67 Trade Union Law
    All workers holding a leadership position in a trade union or candidates for such positions, during the 45 days before the election, cannot be dismissed


    Art. 182 LC: "The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.


Cameroun - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 34 (1) LC


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
    This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).


Motifs prohibés: grossesse ; congé de matérnité; opinion politique ; affiliation et activités syndicales
Remarks:
  • The LC does not contain any general provision on non-discrimination.
    Art. 39 LC: Dismissal based on the opinions of the workers or his affiliation to a trade union are prohibited.
    Art. 84 LC: Pregnant women and women on maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

    Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.


Canada - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No general obligation on the part of the employer to indicate the reasons for the dismissal to employees when dismissing them.
    However, the employer shall provide a written statement indicating the reasons for dismissal only upon request by the employee or the inspector in the process of a complaint for unjust dismissal. According to sec. 241. (1) CLC, this only applies to employees described in sec. 240(1). This covers any employee:
    (a) who has completed twelve consecutive months of continuous employment by an employer, and
    (b) who is not a member of a group of employees subject to a collective agreement.
    In addition this provision is subject to the restrictions set up in sec. 242(3.1): complaints of unjust dismissal do not cover lay-off due to lack of work or the discontinuance of a function .


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • The CLC does not contain as such a provision requiring that termination with notice be justified by a fair reason. However, this is implied from the division XIV of the Code on "unjust dismissal". This division provides for the right of an employee who has completed 12 consecutive months of continuous employment and is not covered by a collective agreement to make a complaint of unjust dismissal to the competent authority which may order reinstatement or compensation if the dismissal is found to be unjust. (sec. 240 and 242 CLC)
    Complaint of unjust dismissal are not available to employees who have been laid off because of lack of work or because of the discontinuance of a function (sec. 242 (3.1) CLC)



Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; affiliation et activités syndicales ; handicap; dénoncer des violations; soulever des questions de santé et sécurité au travail; origine ethnique
Remarks:
  • Under the CLC, the following situations constitute invalid grounds for the dismissal of an employee:
    - the employee's trade union membership and activities, participation in a general strike action or participation in proceedings against the employer's related to those matters (sec. 94 and 96 CLC);
    - the employee has participated in proceeding or inquiry (filing a complaint, testifying) regarding occupational and health and safety matters. (sec. 147 CLC)
    - the employee is pregnant or has requested maternity or parental leave (sec. 209.3 CLC);
    - garnishment proceedings may be or have been taken against the employee (sec. 238, CLC); and
    - the employee has been absent due to illness or injury, provided that he or she had worked for the employer for at least three months, and that his or her period of absence was not over 12 weeks. Nevertheless, the employee must submit a medical certificate to the employer within 15 days after returning to work (sec. 239 CLC).
    - the employee is absent from work due to work-related illness or injury (sec. 239.1 CLC)

    In addition, see the general prohibition of discrimination including in employment matters contained in the Canadian Human Rights Act, R.S.C. 1985, c. H-6: see sec. 3 on grounds of discrimination together with art. 7 on discriminatory practice in employment that prohibits an employer from refusing to employ or continuing to employ an individual on a prohibited grounds of discrimination.
    See also sec. 14.1 on prohibition of retaliation for filing a complaint of discrimination.
    (The prohibited grounds of discrimination are the following: race, national or ethnic origin, colour, religion, age, sex (which includes pregnancy or child-birth), sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered [prior to March 2012: conviction for which a pardon has been granted])
    Note that this Act only applies within the realm of federal jurisdiction; each provincial and territorial government has enacted its own anti-discrimination law.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No statutory provision found in the legislation reviewed.


Chili - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • * In case of dismissal based on worker's conduct (art. 160), the written notice of dismissal shall state the legal reasons for dismissal, its justification and the facts on which dismissal is based in addition to the status of social security contributions (sec. 162, LC). (This also applies to termination by conclusion of the particular task covered by the contract; the expiration of an agreed-upon term and force majeur)
    * Art. 162 provides for specific notice requirements for dismissals based on the "requirements of the undertaking" (=economic reasons): i.e the worker must be given notice, copied to the relevant inspectorate, at least 30 days in advance. However, it does not specify whether the reasons for such dismissal shall be specified in the notice.
    * No justification is required for the desahucio of certain categories of domestic workers ("trabajador de casa particular") or persons occupying positions of trust and persons representing the employer (art. 161 LC - see below)


Motifs autorisés (licenciement justifié) : conduite du travailleur; motifs économiques
Remarks:
  • 1) The following are valid reasons related to the worker's conduct which entail summary dismissal with no right to severance pay (art.160 LC):
    * Dishonesty, acts of violence, insult or serious immoral behaviour duly proven, and/or sexual harassment;
    * Negotiations conducted by the worker within the normal functions of the enterprise and which might have been expressly forbidden, in writing, within the terms of the contract made with the employer;
    * Unjustified absence from work for two consecutive working days, two Mondays within a period of one month or a total of three days within the same period; similarly, absence which is unjustified or without advance notice by a worker responsible for a process, task or machine when such absence entails disruption in the rest of the service or production process;
    * Abandonment of work by the worker, which is defined as: leaving the workplace without proper notice or valid reason during working hours, and without authorization from the employer or his or her representative; and unjustified refusal to perform the assigned task under the agreed terms of the contract of employment;
    * Acts, forgetfulness or carelessness seriously affecting the safety or operation of the establishment, safety or activity of the workers, or their health;
    * Deliberate material damage to the plant, machinery, tools, work implements, goods or merchandise; or
    * Serious breach of the obligations under the contract of employment.

    2) Pursuant to art. 161 LC, the employer can legally terminate a contract for reasons based on the requirements of the undertaking. These requirements (necessidades de la empresa) can result from streamlining or modernization activities, reduced productivity, changes in market or economic conditions which impose the need to lay off one or more workers.
    In such cases, notice period requirements shall be observed and the dismissed worker will be entitled to severance pay.
    It is worth noting the worker's lack of adjustment to the undertaking's technical or working innovation was previously included in art. 161 as a valid ground for dismissal. It has however been deleted in 2002 by Act No 19.759.

    3) Finally, under art. 161 LC, the employer can dismiss without cause (by way of desahucio) the following persons:
    - certain categories of domestic workers ("trabajador de casa particular");
    - persons occupying positions of trust; and
    - persons representing the employer, such as managers, assistant managers, agents or other types of representatives, provided that they have general administrative competence.
    In such cases, those workers have the right to receive a 30 days prior written notice of the desahucio and receive a severance indemnity. In addition, notification to the labour inspectorate is required.

    See also: Article 163bis LC introduced by Law 20.720 of 2014 concerning new regulation on bankruptcy


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; langue
Remarks:
  • - Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
    * Workers on sick leave
    * Workers on temporary work injury or illness leave

    - Article 194 LC establishes that the employer cannot terminate the employment of the worker because of pregnancy.

    - Article 2 also establishes that the financial status or debts by the employee cannot be taken into account by the employer as a condition to hire a worker.

    -The dismissal based on trade union membership or activities will be consider null and void (article 294 ).

    - Art. 161bis LC provides that total or partial invalidity cannot be a just cause for termination of employment.

    - Some union members, pregnant women and women returning from maternity leave enjoy protection against termination of employment under the "fuero laboral" in some circumstances (see special protection). This means that their dismissal must be authorized by a judge and can only take place on the grounds on conduct (see art. 174, 201, 243, LC)

    - Race, color, sex, age, marital status, trade union membership, religion, politic beliefs, nationality and social origins, language, sexual orientation, gender identity, physical appearance, illness, disability are prohibited grounds of discrimination in employment (art. 2 LC: general provision on non-discrimination in employment).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • - Under the LC, some workers benefit from the 'fuero laboral', which is a form of special protection against termination of employment. According to art. 174 LC, dismissal of those protected workers is subject to judicial authorization which can only be granted on the grounds of the worker's conduct or upon expiry of the agreed term of the contract or completion of the service for which the contract was made (art. 159, 160 LC).
    Workers protected by the 'fuero laboral' are:
    *Workers whose child/spouse/civil partner has died. They will enjoy the protection for one month after the death (article 66);
    * Workers who want to constitute a trade union in the company. They will be protected from 10 days prior to the constituent assembly until 30 days after (article 221);
    *Candidates for a union director position. They will be protected since the election date is set until the election is completed (article 238);,
    * Union directors and directors of federations, confederations, and workers' centrals during their terms of office and for six months thereafter (articles 224, 235, 243 and 274);
    * Employees involved in collective bargaining during the period starting 10 days before bargaining begins and ending 30 days after bargaining is completed (article 309);
    * Staff delegates during their terms of office and for six months thereafter (articles 229 and 243).
    * Pregnant women and working mothers up to one year after the end of the maternity leave (article 201);
    * Working father if he has taken parental leave (articles 197bis and 201);
    * Women and men who are single or widowed and they have expressed their wish to adopt a child according to the Adoption Act shall be entitled to one year's "protection from the day of the judicial decision granting the child' custody (article 201).
    - Art. 161 LC prohibits the dismissal grounded on economic reasons and the "desahucio" in the following cases:
    * Workers on sick leave
    * Workers on temporary work injury or illness leave


Chine - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The ECL does not establish any obligation on the part of the employer to state the reasons for dismissal to the employee. However, prior to dismissing a worker, the employer shall notify the labour union of the reasons: art. 43 ECL.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 40 ECL (ordinary dismissal): list of reasons related to the worker's conduct, worker's capacity, economic reasons.
    See also Art. 39 ECL (summary dismissal).

    See also Art. 18 and 19 of Implementing Regulations of the PRC Employment Contracts Law.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; maladie ou accident professionel temporaire; race; sexe; religion ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; origine ethnique
Remarks:
  • - Art. 42 ECL prohibits dismissal of :
    (1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
    (2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer (3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
    (4) a female employee in her pregnancy, confinement or nursing period;
    (5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age;
    (6) a worker who finds himself in other circumstances stipulated in laws or administrative statutes.
    See also art. 26 of the Law of the People¿s Republic of China on the Protection of Rights and Interests of Women which prohibits the dismissal of any female employee on the grounds of marriage, pregnancy, maternity leave or nursing unless the employee requests the termination. Dismissal on the ground of pregnancy is also prohibited in the art. 4 of the Regulations Concerning the Labor Protection of Female Staff and Workers (1988).
    - Dismissal based on trade union activities is prohibited: art. 52 (1) of the Trade Union Law of the People's Republic of China, 1992 as amended by Order of the President of the People's Republic of China, No 62, 27 October 2001 and last amended on 27 August, 2009.

    - Ethnic origin, race, sex, and religious belief and disability are not listed as unlawful grounds for dismissal in the ECL. However, they are listed as prohibited grounds of discrimination in employment in article 3 of the Employment Promotion Law [EPL]
    (see also art. 12 of the Labour Law; art. 27 EPL on gender equality; art. 29 EPL and 38 of the PRC Law on the protection of disabled persons, 1990 as last amended on 24 April, 2008).
    - Art. 31 EPL: Rural workers who move to urban areas to seek employment shall enjoy equal labour rights to urban workers and shall not be subjected to discriminatory restrictions.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée; travailleurs seniors/à la veille de la retraite; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Under art. 42 ECL, it is prohibited to dismiss:
    (1) a worker who is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;
    (2) a worker who has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer
    (3) a worker who has contracted an illness or sustained an injury, and the set period of medical care therefore has not expired;
    (4) a female employee in her pregnancy, confinement or nursing period;
    (5) a worker who has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age.

    For worker's representatives, see art. 52 (2) of the Trade Union Law :
    If the labour contract of a worker or staff member is terminated due to his participation in trade union activities, the administrative department for labour shall order that the victim be reinstated, his remuneration payable during the period of the termination of the labour contract be made up, or that a compensation two times the amount of his annual income be given.


Chypre - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • Only for collective dismissals is justification explicitly requested in the legislation.
    (sec. 21 TEA (notification to the labour administration) and sec.4-5 CDA (consultation with the trade union representatives).
    No such provision exists with regard to individual dismissals based on the worker's conduct or capacity.


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • Sec. 5 TEA. As a general rule, dismissal is deemed unfair unless the employer proves the existence of one of the reasons exhaustively listed in the legislation.
    "These are:
    - the employee fails to carry out his or her work in a reasonably efficent manner,
    - the employee becomes redundant,
    - termination is due to an act of god or force majeure,
    - the contract is for a fixed-term and has expired or the employee has reached the normal age of retirement,
    - the employment relationship cannot be expected to continue (the employee is guilty of gross misconduct, a criminal offence or immoral behaviour in the course of his or her duties, the employee repeatedly disregards his or her work and duties)"
    (see European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, p. 51.)


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; congé parental; participation à une grève légale
Remarks:
  • Sec. 6 TEA
    See also, European Commission Study, TER, 2007, p.56.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • See: Maternity Protection Act (No. 100(I)/97, as amended in 2011), sec. 4:
    Prohibition to give notice for termination to pregnant women after the announcement of pregnancy and up until 3 months after the expiry of the maternity leave and to women on adoption leave. However, this does not apply when the employed woman is found guilty of a serious offence or behaviour justifying termination of the employment relationship, when the undertaking ceases its activities, or when the contract period has come to an end (sec. 4B)


Comores - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Article 48 of the Labour Code.



Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Article 43 of the Labour Code requires a valid reason connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; statut sérologique VIH
Remarks:
  • Article 2 of the Labour Code: general prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national or social origin including with respect to disciplinary measures and dismissal.

    Article 44 of the Labour Code (former art. 46) provides a list of reasons which cannot consitute valid reasons for termination:
    - trade-union membership or non-membership and trade-union activities;
    - race, colour, sex, marital status, family responsibilities, pregnancy, religion or belief, political or philosophical opinion, nationality or social origin;
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws;
    - absence from work during maternity leave or temporary absence from work because of illness or injury;
    New in June 2012: Additional grounds have been introduced:
    - HIV status, whether real or perceived;
    - having reported or testified about sexual or psychological harassment (workplace bullying) by an employer or his representative.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - Workers' representatives: article 203 of the Labour Code: any dismissal of a workers' representative must be approved by the Labour Tribunal. [New in June 2012: the article number has changed in the new LC (former art. 183, now art. 203), and the new LC introduced new provisions: the new LC provides that the court's decision must be made within a period of one month].
    - Women on maternity leave: article 125 of the Labour Code: no worker can be dismissed during maternity leave.
    - In addition, the LC establishes a special protection against dismissal for widows: article 125 (former art. 121) of the Labour Code : any woman who just lost her husband must suspend work for 4 months and 10 days and cannot be dismissed during this period.


Congo, République démocratique - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 76 LC.
    Art. 62 LC as amended by Law No. 16/010 of 2016 provides that when the employer envisages a dismissal for reasons related to the worker's aptitude or conduct, the employer shall, before taking any decision, allow the worker to defend himself/herself or to explain himself/herself about alleged grounds for termination.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 62 LC: dismissal shall be based on fair reasons ("motifs valables") related to the worker's conduct, worker's capacity or operational requirements of the undertaking.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; statut sérologique VIH
Remarks:
  • See Art. 62 LC on invalid grounds for dismissal.
    See also Art. 1 LC: general provision on non-discrimination and Art. 234 LC on trade union activities.

    On HIV status, see Act no 08/011, 14 July 2008 on the protection of persons living with HIV/AIDS and affected persons (Loi n° 08/011 du 14 juillet 2008 portant protection des droits des personnes vivant avec le VIH/SIDA et des personnes affectées available at: http://www.leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm) : HIV/AIDS status cannot be a cause for terminating an employment contract (Art. 21).
    The 2016 Law No. 16/010 amending the Labour Code explicitly includes HIV/AIDS status in the list of prohibited grounds for termination (Art. 62 LC).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - Workers' representatives:
    Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
    In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

    - Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.


Corée, République de - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 27 (1) LSA


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 23 (1) LSA: "No employer shall dismiss, lay off (..) a worker without justifiable reasons".
    Art. 24 (1) LSA (dismissal for managerial reasons).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; sexe; religion ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; dénoncer des violations
Remarks:
  • - Art. 6 LSA: general prohibition of discrimination against workers on the grounds of gender, nationality, religion of social status.
    - Art. 23 (2) LSA: Prohibition to dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker on maternity leave.
    - On prohibition of discriminatory dismissals on the grounds of sex, marriage, family status, pregnancy or childbirth, see art. 2 and 11 of EEA.
    - Art. 81 TULRAA: prohibition of dismissal of or discrimination against a worker on the grounds that the worker has joined or intended to join a trade union, intended to establish a trade union, or performed a lawful act for the operation of a trade union.
    - See also on prohibition of age discrimination, including with regards to dismissal, see art. 44 of the Act on age discrimination prohibition in employment and aged employment Promotion , No 4487, 31 December 1991, as amended.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 23 (2) LSA: No employer shall dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter, and any female worker during a period of temporary interruption of work before and after childbirth and within 30 days thereafter. This does not apply in the event of payment of the statutory compensation following an occupational injury or disease or in the event of business closure.


Côte d'Ivoire - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 16.4 LC


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • * Art. 16.3 LC: any fair reason ("motif légitime")
    In addition see provisions on dismissal on economic grounds (art. 16.7 LC) and summary dismissal for serious misconduct (art. 16.6 LC).


Motifs prohibés: grossesse ; congé de matérnité; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales
Remarks:
  • Art. 4 LC
    Art. 23.3 and 23.5 LC


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 61.7 LC : prior authorization from the Labour Inspector required for the dismissal of worker's representatives.
    Art. 62.3 LC: prior authorization from the Labour Inspector required for the dismissal of trade union representatives.
    Art. 23.3 and 23.5 LC: prohibition to dismiss pregnant women and women on maternity leave.


Danemark - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.

    - Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • No ground for dismissals required in the laws reviewed.
    valid grounds may be established through collective agreements.
    This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.
    In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise.
    (see also sec. 3 ESEA)


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; congé parental; origine ethnique
Remarks:
  • See anti-discrimination regulation:

    - The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.

    - The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.

    - The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation.

    On temporary illness: see sec. 5 (1) ESEA.

    Without good cause:
    Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation.
    Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.



Egypte - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No express obligation to provide reasons for dismissing an employee.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 110 LL: The employer may not terminate the employee's contract of indefinite duration except for reasons listed in art. 69 LL or in case of the incompetence of the employee according to the internal regulations of the employer. Art. 69 provides a list of reasons (9) considered to be serious misconduct and justifying summary dismissal. A worker is deemed to have committed a serious offence if he/she has:
    - assumed a false identity or submitted false documents;
    - acted negligently, causing the employer considerable loss, provided the employer informs the competent authorities of the incident within 24 hours of becoming aware of it;
    - despite having received a previous written warning, failed to observe written instructions displayed in a prominent place, compliance with which is necessary to ensure the safety of the workers and of the establishment;
    - been absent without a valid reason for more than 20 days a year, or for more than ten consecutive days, provided that the worker is first warned in writing by the employer after ten days' absence in the former case and after five days in the latter;
    - divulged professional secrets concerning the enterprise employing him/her, which caused serious damages to the enterprise;
    - been competing with the employer in the same field of activity;
    - been found in a state of obvious drunkenness or under the influence of drugs within working hours;
    - assaulted the employer or the employer's representative, or has committed a serious act of violence against any of his/her superiors during or in connection with his/her work;
    - not respected the rules on strikes prescribed by the LL.

    Art. 120 LL lists reasons which shall not be considered as "legitimate and adequate justifications for termination".
    Art. 122 LL regulates the right to compensation for "unjustified termination" (termination without a legitimate and adequate justification) by the employer.
    In addition, there are specific provisions authorizing termination of the contract by the employer in certain circumstances (termination in the event of the worker's total incapacity: art. 124 LL, termination due to the worker's illness provided that he or she has exhausted sick leave entitlement: art. 127, termination because the worker reaches the retirement age: art. 125 LL, termination in the event the of conviction to custodial sentences: art. 129 LL).
    In addition, the LL provides for a specific regime in the event terminations for economic reasons (art. 196 to 201 LL).


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; couleur; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales ; prendre légalement ses congés
Remarks:
  • See art. 120 LL which provides a list of reasons that shall not be considered as legitimate and adequate justifications for termination.
    In addition, see art. 92 LL on the prohibition to dismiss an employee during maternity leave.
    According to art. 127 LL, termination of employment is not possible for reasons of the worker's illness, unless he/she has exhausted sick leave entitlement as determined by the Social Insurance Law, in addition to his/her annual leave. The employer has to notify the worker of the contemplated dismissal fifteen days before the end of the workers' leave entitlement.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (Art. 46).

    - The employer cannot dismiss a woman during maternity leave (Article 92, LL).

    - While the worker's total incapacity entails termination of the employment relationship; if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (art. 124 LL).


El Salvador - 2010    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 60 LC: Upon termination of employment the employer shall issue a certificate which shall include the reasons for termination if the employee so requests.


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • *Article 55 LC: It is legally presumed that a worker is dismissed without just cause, except for those causes listed in the law.

    *Art. 50 LC provides for a limited list of justified grounds for dismissals which relate mainly to the worker's conduct and capacity.
    The employer can legally terminate (without notice) the contract under the following grounds:
    - if the worker deceived the employer by means of false letters of recommendation or certificates when the contract was concluded. This ground ceases to be operative after the worker has completed 30 day's employment;
    - due to the worker's repeated negligence;
    - if the employer lost confidence in an employee exercising managerial surveillance or similar functions;
    - if the worker reveals manufacturing secrets or communicates administrative matters to the detriment of the undertaking;
    - if the worker commits serious acts of immorality inside the undertaking or while performing work outside the workplace
    - if the worker commits disrespectful acts against the employer or his/her relatives, except in the case of provocation
    - if the workers commits acts causing serious disruption to the company's activity;
    - if the worker (either intentionally or by negligence) seriously endangers the safety or operation of the establishment, or the persons therein safety or activity of the workers, or their health;
    - if the worker deliberately damages the plant, machinery, tools, work implements, goods or merchandise
    - if the worker is absent from work without any justification for two consecutive working days, or a total of three days within the same months; or
    - If the worker, after imprisonment or pre-trial detention, comes back to work, within three days from the date of release, and s/he committed a crime against the employer or his/her relatives
    - If the worker commits serious breaches of the obligations under the contract of employment
    - In the event of disobedience to the employer (or employer's representative)
    - If the worker drinks alcohol or takes drugs during working time or if s/he works under the effect of alcohol or drugs
    - If the worker does not fulfil his/her obligations under art 24 LC
    * According to art. 51 LC, inefficiency or negligence are not valid reason for dismissal, provided that they are caused by a disease or by a transfer to a superior assignment. In this case, the worker has the right to be reinstated in his/her previous position.
    * According to art. 49 LC, the employment contract shall terminate, following a judicial decision authorizing the dismissal, in case of:
    - closure of all or part of the undertaking or establishment, or final reduction of the activities, resulting from the unprofitably of the business;
    - business closure caused by the exhaustion of the substance exploited by the extractive industry.


Motifs prohibés: grossesse ; congé de matérnité; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut sérologique VIH
Remarks:
  • - The general provision on non-discrimination in employment (art. 30(12) LC) stipulates that employers are not permitted "to establish any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin, except in cases provided for by the law aimed at protecting the person of the work".
    - Art. 30(15) LC (inserted by DL N°611 of 2005) prohibits discrimination on the basis of the HIV/AIDS status.
    In addition, the Act on the prevention and control of human immuno-deficiency virus infection (HIV/AIDS) (Legislative Decree No. 588 of 24 October 2001) guarantees the right of "any person living with HIV/AIDS" to obtain employment that does not involve risky contact, and not to be dismissed or forced to accept inferior pay, benefits or conditions on the grounds of his or her illness (art. 5.a).
    - On pregnancy and maternity leave, see art. 113 LC: An employer cannot dismiss a pregnant women by way of de facto dismissal or dismissal following a court's decision during the entire period of pregnancy and until the end of the maternity leave unless the alleged cause for dismissal relates to facts which took place prior to the beginning of pregnancy. Even in such case, the dismissal will only be effective immediately after the end of the maternity leave.
    - Persons with disabilities are entitled to protection against all discrimination (art. 2.1 of Decree No. 888 of 2 May 2000, on equal opportunities for persons with disabilities), and in particular, "to obtain employment and carry on a paid occupation and to be protected from dismissal on grounds of his or her disability" (art. 2.5).
    - On trade union activities, see art. 205(c) LC which prohibits discrimination between workers and retaliatory action based on trade union activities.

    Note that, as expressed in the previous category, El Salvador has a limited list of valid ground for dismissal. That means that although many grounds are not expressly observed as prohibited in the legal text, they are still prohibited by exclusion to art. 55 LC.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - On pregnancy and maternity leave, see art. 113 LC: An employer cannot dismiss a pregnant women by way of de facto dismissal or dismissal following a court's decision during the entire period of pregnancy and until the end of the maternity leave unless the alleged cause for dismissal relates to facts which took place prior to the beginning of pregnancy. Even in such case, the dismissal will only be effective immediately after the end of the maternity leave.
    - Trade union representatives:
    Previous authorization from the competent authority is required for the dismissal of a worker covered by trade union immunity (Constitution, art. 47, and Labour Code, art. 248). Trade union immunity protects trade union leaders, candidates for election to the union board, workers in the process of establishing or organizing a union and the founding members. This protection is subject to certain conditions with regard to numbers of persons protected and periods of protection which can be increased through collective agreements.
    During the process of establishing the union, protection lasts for not more than 60 days from the date of notification of the administrative authority (art. 248.a) and for the founding members for up to 60 days following registration of the union (art. 214). In the case of trade union representatives, protection lasts for up to one year from the expiry of their mandate and for candidate officers, from one month before the elections take place until one week after the election.


Emirats Arabes Unis - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • Upon dismissal, the employer is not required inform the employees of the reasons for dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • 1) Ordinary dismissal (with notice)
    Art. 117(1) FLLR provides that either party may terminate an employment contract of indefinite duration for a valid reason at any time after the conclusion of the contract provided that the statutory notice requirements are observed.
    Art. 122 FLLR provides that a dismissal is considered arbitrary if it is grounded on a reason which is not related to the employee's work.
    Note that also redundancy is not referred to in the Law, it has been considered to be a valid reason for termination by the Courts.
    2) Summary dismissal (without notice):
    - In addition, according to art. 120 FLLR, the employer can dismiss an employee without notice in the following circumstances:
    (i) during the employee's probationary period;
    (ii) if the employee assumed a false identity or nationality, or otherwise submits false certificates or documents;
    (iii) if the employee has caused the employer to suffer a material loss (provided that the employer notified the Ministry within 48 hours of discovering such incident);
    (iv) if the employee fails to carry out instructions regarding industrial or workplace safety, provided that such instructions were in writing and posted in an accessible location or, if the employee is illiterate, he or she had been informed of them orally;
    (v) if the employee fails to perform his or her basic duties under the employment contract despite knowledge that he or she will be dismissed if such failure continues;
    (vi) if the employee reveals a 'secret of the establishment';
    (vii) if the employee is found guilty of an offence involving honour, honesty or public morals;
    (viii) if the employee is found, during working hours, in a state of drunkenness or under the influence of narcotic drugs;
    (ix) if the employee, during working hours, assaults his or her employer, manager or any colleagues; or
    (x) if the employee is absent from work, without valid reason, for more than 20 non-consecutive days in one year or more than seven consecutive days.

    Note that a FTC can only be terminated for one of the above listed reasons (those listed in art. 120 FLLR). If a FTC contract is terminated for reasons other than those enumerated in art. 120 of the law, the employer is liable to pay compensation which shall not be more that the wages due for 3 months or for the remaining period, whichever is shorter, unless otherwise provided in the contract (art.115 LC).


Motifs prohibés: avoir déposé une plainte contre l'employeur
Remarks:
  • n particular, a termination
    shall be regarded as arbitrary if it is prompted by a formal complaint filed by the
    worker with the competent authorities or a legal action instituted against the
    employer that proved to be valid.


Travailleurs bénéficiant d'une protection particulière: travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail; travailleurs nationaux
Remarks:
  • - UAE national employees:
    National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
    Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
    On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
    1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
    2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
    3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
    4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
    Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
    (Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

    - Workers on temporary sick leave:
    The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).


Espagne - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 53(1)a): written notification of dismissal stating the reasons.


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • Upon expiry of the trial period, dismissal (including of a fixed term employee) shall always be justified under Spanish law. The valid grounds for termination are divided between objective causes [= worker's capacity, economic reasons] and disciplinary causes [worker's conduct]:

    1) Objective causes (art. 52 ET):
    * the incompetence of the employee, known to the employer or later demonstrated by the employee after joining the enterprise;
    * the worker's failure to adapt to the technical modification of his or her job, if such changes is reasonable and has occurred after a minimum of two months from the introduction of the modification;
    * economic, technical, organisational or production reasons justifying collective and non-collective dismissals.

    As a result of the Act 35/2010 (and previously the RDL 10/2010), the law now contains a definitions of what constitute economic, technical, organisational or production reasons: these definitions have later been amended by Royal Decree Law 3/2012 (see art. 51.1 ET on collective dismissals).]
    * persistent absenteeism (= absence from work, even justified but intermittent, amounting to 20% of the working days in two consecutive months, or 25% in four discontinuous months within a period of 12 months, if the rate of absenteeism of the total workforce exceeds 5% during the same periods.

    Note: This 5% threshold has been set out by Law 3/2012. Royal Decree Law 10/2010 had decreased this threshold to 2.5 from the 5% level that existed prior to 2010.

    However, the following will not be considered as absenteeism: legal strikes, employees' representative activities, labour accidents, maternity leave, vacations, temporary absence from work of more than 20 consecutive days due to sickness or non-employment-related accidents, and/or physical or psychological situation due to gender violence; and
    * lack of funding for public programs carried out public authorities or non-profit entities.

    2) Disciplinary causes (art. 54 ET):
    * repeated and unjustified absence or lateness in the workplace;
    * insubordinate conduct or disobedience at work;
    * verbal or physical abuse directed at the employer or the persons employed in the enterprise or the family living with them;
    * breach of contractual good faith and abuse of trust in discharge of duties;
    * continuous default on the amount of work carried out
    * habitual drunkenness or drug addiction if it adversely affects work; and
    * harassment based on race or ethnic origin, religious beliefs or conviction, disability, age or sexual orientation or sexual harassment against the employer or other persons working at the company.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; congé d'adoption ; origine ethnique
Remarks:
  • 1) The anti-discrimination provisions of the Workers' Charter prohibit termination of employment on the basis of sex, ethnic origin, marital status, race, social status, age (within the limits established by the law), religious or political beliefs, membership or non-membership of a trade union, sexual orientation, language, disability (art. 4(2)c) ET).
    Any employer's unilateral decision based on the above-mentioned grounds is considered to be null and void (17(1) ET).
    In addition, according to art. 55(5) ET any disciplinary dismissal based on discriminatory grounds prohibited by the law or the constitution or in violation of the employee's fundamental rights or public freedom is null and void.
    2) In addition, dismissal is null in the following circumstances: pregnancy, suspension of contract due to maternity, risk during pregnancy, or breast-feeding leave; adoption or fostering; family leave to care for children or handicapped persons; and certain circumstances in which female workers have been victims of gender violence. This is however not an absolute prohibition, since dismissal in those cases is allowed if not motivated by reason of pregnancy or the exercise of the right to the above mentioned leaves (art. 53(4) ET - dismissal for an objective cause - and art. 55(5) ET - disciplinary dismissal).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Remarks:
  • 1) Workers' and trade union representatives:
    - According to art. 55(1) ET if the worker is a workers' legal representative or a trade union representative, there will be formal adversarial procedures during which the worker and other members of the union to which he or she belongs, may be heard. If the worker is a member of a trade union and the employer is aware of this fact, representatives of the corresponding trade union must be heard in advance.
    - In addition, in the event of unfair dismissal of a workers' representative, it is up to that employee to decide whether he or she wants to be reinstated or receive compensation, as opposed to the general rule according to which the choice is made by the employer (art. 56(4) ET).
    - Lastly, in the event of collective dismissal, the workers' representatives have priority for remaining in the enterprise (art. 51(5) ET).

    2) Royal Decree-Law 3/2012 has introduced the possibility to establish other priority rules through collective agreements, in order to protect people with family responsibilities, people with disabilities or people above certain age in case of collective dismissal (art. 51(5) ET).


Estonie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 95(2) ECA.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Under the ECA, an employer can terminate an employment contract (referred to in the law as "extraordinary cancellation") only for a good reason as provided for in this Act and in accordance with the statutory prior notice requirements (art. 87 ECA).
    The ECA provides a list of valid reasons for termination of employment by the employer which fall within 2 categories: reasons relating to the employee personally (art. 88 ECA) and economic reasons (art. 89 ECA).
    Reasons relating to the employee personally:
    - decrease in capacity for work due to the state of health,
    - decrease of capacity for work due to insufficient work skills, - breach of duties,
    - appearance at work in a state of intoxication,
    - commission of a theft, fraud or an act bringing about the loss of the employer's trust in the employee,
    - bringing about a third party's distrust in the employee,
    - wrongfully causing damages to the employer's property,
    - violation of the obligation to maintain confidentiality or violation of the restraint of trade clauses.
    Economic reasons:
    - if the continuance of the employment relationship on the agreed conditions becomes impossible due to a decrease in the work volume, reorganisation of work or other cessation of work (lay-off).


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; race; couleur; sexe; orientation sexuelle ; religion ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; état de santé ; origine ethnique
Remarks:
  • Anti-discrimination provisions:
    The Equal Treatment Act prohibits discrimination on the grounds of of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation in certain areas including in relation to employment and specifically refers to termination of employment (see art. 1(1) together with art. 2(1)2) and 2(2)2) ETA).
    In addition the Gender Equality Act establishes the prohibition on discrimination based on sex (which also cover pregnancy and child-birth, parenting, performance of family obligations or other circumstances related to gender, and sexual harassment) in the professional life including in relation to termination of employment (see art. 6(7) of the Act)

    Specific prohibited grounds for dismissal:
    Art. 92 ECA prohibits dismissal for the following reasons:
    - the employee is pregnant or has the right to pregnancy and maternity leave;
    - the employee performs important family duties;
    - the employee is not able, in the short term, to perform his/her duties due to his/her state of health;
    - the employee represents other employees;
    - a full-time employee does not want to continue working part-time or a part-time employee does not want to continue working full-time;
    - the employee is in military service or alternative service.
    If an employer terminates the employment contract of a pregnant woman or a employee raising a child under three years of age, it is presumed that such termination was based on pregnancy or family responsibilities, unless the employer proves that termination was based on a reason permitted under the ECA. Similarly, if an employer terminates the employment contract of employees' representative during their term of office or within one year of the expiry of his/her term of office, it is presumed that such termination was based on the fact that he/she represents other employees unless the employer proves that termination was based on a reason permitted under the ECA.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Pregnant women and workers with family responsibilities:
    Art. 93 ECA prohibits the employer from making redundant a pregnant woman or a woman who has the right to pregnancy and maternity leave or a person who is on parental leave or on adoption leave, except in the event of cessation of activities or bankruptcy.
    In addition, its is prohibited to dismiss a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease of the employee's capacity for work.
    These prohibitions only apply if the employee has notified the employer of her pregnancy or the right to pregnancy and maternity leave before receipt of a cancellation notice or within 14 days thereafter.

    - Workers' representatives:
    Art. 94 ECA provides that before terminating an employment contract with the employees' representative, an employer must seek the opinions of the trade union or the employees who elected him/her the person to represent them or the trade union. The employer is required to take that opinion reasonably into account and to provide justification if he/she disregards the employees' opinion.


Etats-Unis - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • The United States has an "at will" employment system which allows an employer to terminate an employee at any time and for any reason, or for no reason at all.
    However, it would be inaccurate to conclude that employers in the United States have complete freedom in the discharge of employees; workers are protected from arbitrary termination of employment, through various ways, as follows:
    1) Collective agreements: Where employees are represented by a union, their collective-bargaining agreement nearly always contains a provision that requires 'just cause' for termination. Such provisions are enforceable through the grievance and arbitration process set forth in nearly all collective-bargaining agreements. The scope of such protection is limited by the low rate of union representation (12.3 % of the American workforce unionized as of 2009 in both public and private sectors in 2009, 7.2 % in the private sector - See: http://www.bls.gov/news.release/union2.nr0.htm (last visited June 16, 2010).
    2) Statutory protection: Numerous federal laws prohibit discrimination in employment, and those laws operate to prohibit termination of employment based on certain proscribed reasons (see below prohibited grounds)
    3) Judicial protection: Another protection against employment at-will comes from case law, in which there are three major exceptions namely a) public policy exception, b) the implied contract exception and c) the implied Covenant of good faith and fair dealing.
    a) the most widely accepted exception, recognized by forty-three states, is the public policy exception. The public policy exception under case law is available largely to protect employees from dismissal in those situations where they refuse to commit an illegal or unethical act requested by the employer or where they choose to exercise a statutory right, for example rights under the Occupational Safety and Health Act, 1970, or the Fair Labour Standards Act, 1938 (covering minimum wage and overtime). The recognition and scope of application of this exception varies from state to state.
    b) the notion of a breach of an implied contract of employment. An implied contract can come from an oral or written representation, or from an employer's past practice, leading to an employee's legitimate expectation that his or her employment will not be terminated without just cause. This exception is recognized in 38 of the 50 States
    c) Basic contractual principles have also given rise to recognition of an implied covenant of good faith and fair dealing in labour and employment law, leading to an assumption that dismissals should be fair and for just cause. This theory holds that a duty of good faith and fair dealing is owed in the performance and enforcement of all contracts. As of 2000, only 11 states recognized the above exception.
    (On those exceptions see: Muhl, Charles J., "The employment-at-will doctrine: three major exceptions" in Monthly Labour Review. 2001 Vol. 24, No. 1, pp. 3-11 - Available at: http://www.bls.gov/opub/mlr/2001/01/art1full.pdf)


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; congé parental; dénoncer des violations; identité de genre; congé d'adoption ; soulever des questions de santé et sécurité au travail; participation à un jury populaire; information génétique
Remarks:
  • Termination is unlawful if it is based on any of the following reasons:
    * family leave (including birth/adoption of a child or serious illness of employee, or a spouse, child, or parent): The Family and Medical Leave Act provides for 12 weeks of unpaid, job-protected leave but limited to employers with 50 or more employees and to employees who have worked at least 1, 250 hours for the employer during the preceding 12-month period) (FMLA [sec. 102](a)(1)], 29 U.S.C. sec. 2612(a)(1) and [sec. 104 (1)(a)] 29 U.S.C. sec. 2614(a)(1)). The law also prohibits retaliation against employees who attempt to exercise their rights under the law ([sec. 102(1)(b)], 29 U.S.C. sec. 2615(a)(2)). However, the employer can still terminate employment while the employee is on leave for reasons not connected with the fact that the employee took family leave (i.e restructuring).

    * union activity (or protected concerted activity): National Labour Relations Act (NLRA) [sec. 158(a)(3)] 29 U.S.C. sec. 158(a)(3).

    * race, color, religion, national origin, or sex (including pregnancy, childbirth, or related medical conditions): Civil Rights Act of 1964 (Title VII) (CRA) [secs. 703 and 701(k)], 42 U.S.C. sec. 2000e-2. and 2000e(k).

    * disability: Americans with Disabilities Act of 1990 (ADA) [sec. 102(a)] 42 U.S.C sec. 12112(a).

    * age: Age Discrimination in Employment Act of 1967 (ADEA), [sec. 4], 29 U.S.C sec. 623(a) (1).

    * raising health and safety concerns: The Occupational Health and Safety Act of 1970 (OSHA), has a provision that protects employees who report unsafe working conditions from termination by their employer: [sec. 11(c)(1)] 29 U.S.C sec. 660(c)(1).

    * genetic information: Genetic Information Nondiscrimination Act (GINA) [sec. 202], 42 U.S.C sec. 2000ff.

    * corporate whistle blowing: Sarbanes-Oxley Act of 2002 (SOX) protects an employee of any publicly traded company against retaliation from discharge as a result of reporting information or assisting in an investigation related to possible fraud by the employer where the employee has a reasonable belief that the employer has engaged in fraud or related misconduct: [sec. 806], 18 U.S.C sec. 1514A (a).

    * jury service: The Jury System Improvements Act of 1978 (JSIA), 28 U.S.C sec. 1875, prohibits an employer from discharging any permanent employee by reason of the employee's jury service or scheduled attendance in connection with such service in any court of the United States.

    * filing complaint against the employer: almost all of the discrimination statutes mentioned above have provisions prohibiting termination based on an employee's filing of or participation in a discrimination complaint proceeding. See NLRA [sec.8(a)(4)], 29 U.S.C sec. 158(a)(4); Title VII CRA [sec. 704], 42 U.S.C sec. 2000e-3; ADA [sec. 503(a)], 42 U.S.C sec. 12203(a); ADEA [sec. 4(d)], 29 U.S.C sec. 623(d). OSHA also has such a provision, discussed above, as does SOX, and the FMLA, also discussed above.


    *New in 2014: Sexual orientation and gender identity- in the Executive Order 13672 of July 21, 2014


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé

Ethiopie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 34 (1) LP.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 26 (1) LP.
    The LP defines limited grounds relating to the worker's conduct for resorting to termination without notice (art. 27 (1) LP). In addition, the grounds for termination with notice (relating to the worker's capacity or operational requirements) are listed in article 28 (1) and (2) LP).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; nationalité/origine nationale ; affiliation et activités syndicales ; origine ethnique
Remarks:
  • Art. 26 (2) LP.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 87 (5) LP: Prohibition to dismiss women workers during pregnancy and maternity leave (up 4 months after childbirth) except in case of serious misconduct (summary dismissal) and as a "last resort" in case of economic dismissal.


Finlande - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 2 & 3, chap. 9, ECA.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • See: sec.1-3, chap. 7, ECA.
    As a general condition, termination of employment cannot take place without a "proper and weighty reason". Two types of reasons are listed in the ECA: these are reasons connected with the employee's person (conduct, and capacity) and economic reasons.


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; sexe; orientation sexuelle ; religion ; opinion politique ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; langue; membres de la famille sur le même lieu de travail; congé parental; participation à une grève légale; état de santé ; origine ethnique
Remarks:
  • See:
    * Sec. 2, chap. 2, ECA and sec. 8 of the Non-discrimination Act (1325/2014):Prohibition of discrimination.
    * Sec. 2, chap. 7, ECA: Termination grounds related to the employee's person provides a list of invalid grounds.
    * Sec. 9, chap. 7, ECA : Termination in the case of an employee who is pregnant or on family leave.
    Sec. 4, chap. 1 ECA: Discriminatory termination during the probation period.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • * Workers' representatives:
    Sec. 10, chap. 7, ECA: Dismissal of a "shop steward or elected representatives" based on individual grounds requires the consent of the majority of the employees whom he represents.
    Economic dismissal of those representatives are authorized provided the job they occupy ceases completely and the employer has been unable to find another suitable job or to train the person for some other work.

    * Pregnant women and employees on family leave: sec. 9, chap. 7, ECA deems the dismissal to be based on employee's pregnancy or family leave and places the onus on the employer to prove that the dismissal is based on another reason.
    In addition, sec. 9, chap. 7 ECA states that the employer can terminate the employment relationship with employee on maternity, special maternity, parental or child care on economic grounds only in case of complete cessation of activities.


France - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Motives must be provided by the employer during a prior oral interview: art L1232-3 LC.
    In addition, the reasons behind the dismissals should be exposed in the letter of notification of the dismissal: art. L1232-6 LC


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
    Dismissal for economic reasons: must be equally justified by a serious and genuine cause : art. L 1233-3 LC.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; participation à une grève légale; dénoncer des violations; identité de genre; état de santé ; congé d'adoption ; participation à un jury populaire; information génétique; origine ethnique
NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. L 1132-1 LC: list of prohibited grounds of discrimination. [New in 2012: gender identity was introduced as a new prohibited ground by Law No 2012-954 of 6 August 2012]
    Art. L 1132-2 LC: lawful exercise of the right to strike.
    Art. L1132-3 LC: whistle blowing.
    Art. L1132-3-1 LC: performing jury service [New in 2011: new ground introduced by Law No 2011-939 of August 2011]
    Art. L 1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. The same protection against dismissal applies to a employee in adoption leave (see art. 1225-38 LC)


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • *Workers' representatives:
    - Trade union representatives and other worker's representatives: art. L 2411-1 LC
    - Worker's adviser: art. 1232-14 LC
    * Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
    Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.


Gabon - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • - Dismissal based on personal reasons: Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010.
    - Economic dismissal (consultation procedure): Art. 59 LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 50 LC.


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales
Remarks:
  • Art. 8 LC on non-discrimination.
    Art. 74 LC on unfair dismissals.
    Art. 170 LC on pregnant women.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 294 and Art. 170 LC.


Ghana - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No legal provision requiring justification to the employee.
    See however art. 63 (4) a) LA:
    "A termination may be unfair if the employer fails to prove that the reason for the termination is fair".


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 62 LC: "A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds:
    (a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;
    (b) the proven misconduct of the worker;
    (c) redundancy under section 65;
    (d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed".


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • Art. 63 LA.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé

Grèce - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

    Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; identité de genre; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    * Anti-discrimination provisions:
    -The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces 2 additional reasons that allow the dismissal of this special category: (a )theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


Géorgie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • Art. 37 LC states that the following shall serve as grounds for termination of a labour agreement:
    a) economic circumstances, technological, or organizational changes making it necessary to reduce workforce;
    b) expiry of the labour agreement;
    c) completion of the work provided for by a labour agreement; d) voluntary written application for resigning from a position/work by the employee; e) written agreement between the parties;
    f) incompatibility of the employee’s qualifications or professional skills with the position held/work to be performed by the employee;
    g) gross violation by the employee of his/her obligation under an individual labour agreement or a collective agreement and/or rules and regulations;
    h) violation by the employee of his obligation under an individual labour agreement or a collective agreement and/or rules and regulations, if any of the disciplinary actions under such an individual labour agreement or a collective agreement and/or rules and regulations has already been administered in relation to the employee for the last one year;
    i) unless otherwise provided for by the labour agreement, a long-term disability, if the period of disability exceeds 40 calendar days in a row, or the total disability period within six months exceeds 60 calendar days, and, at the same time, the employee has used the leave indicated in Article 21 of this Law;
    j) entry into force of a court judgment or decision precluding the fulfillment of work; k) the final decision of finding a strike illegal delivered by the court in accordance with Article 51(6) of this Law;
    l) death of an employer as a natural person or of an employee;
    m) commencement of liquidation proceedings of an employer as a legal entity;
    n) any other objective circumstance justifying termination of the labour agreement.

    2. The violation of the obligation under the work rules and regulations set forth in Paragraph 1 (g) and (h) of this Article may serve as the basis for termination of a labour agreement only if the work rules and regulations are an integral part of the labour agreement.


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; propriété; naissance; exercice du droit au congé éducation ; prendre légalement ses congés ; congé d'adoption ; origine ethnique
Remarks:
  • Art. 2 LC


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 36 LC on suspension of employment during which the employment cannot be terminated.


Honduras - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 117 LC.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • * Art. 112 LC provides a list of just causes which allow the employer to dismiss an employee without liability on his or her part. These just causes include:
    - deceit by means of false letters of recommendation or certificates, -
    - acts of violence, insults, or serious indiscipline at work against the employer or his/her relatives,
    - deliberate material damages against the plant, machinery, tools, goods or merchandise and any serious negligence endangering the safety of the workers or the material,
    - acts of immorality,
    - revealing manufacturing secrets,
    - criminal conviction,
    - unjustified absence from work without any justification for two consecutive working days, or a total of three days within the same months,
    - repeated failure to adopt the preventive measures or to follow the proper procedure to avoid accidents at work and occupational diseases,
    - obvious incapacity and inefficiency to fulfil the obligations under the contract,
    - infectious disease or mnetal illness when the worker refuses treatment,
    - serious misconduct and serious breaches of the obligations under the contract of employment.

    In addition, art. 111 LC lists other causes of termination such as force majeure, insolvency, business closure, and suspension of the activities of the employer for more than 120 days for economic reasons (see below under "collective dismissals").

    Art. 116 LC allows for termination of a contract of indefinite duration by either party by giving advance notice to the other party.


Motifs prohibés: grossesse ; affiliation et activités syndicales
Remarks:
  • Dimissal on the grounds of pregnancy and lactation is prohibited in art. 144 LC.
    Art. 96 c) also prohibits the dismissal of an employee on the grounds of his or her trade union membership and his or her participation in trade union activities.

    Note that Art. 12 of the LC prohibits discrimination based on race, religion, political opinion and economic status, but only with regards to any social welfare, educational, cultural, recreational or commercial establishment operated for the use or benefit of the community in any undertaking or workplace, whether under private or state ownership.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - Employees who are members of the Board of Directors of a trade union enjoy special protection: they can only be dimissed with prior authorization from the Labour judge (the autorization will be only delivered if the employer duly proved the existence of a just cause) (art. 516 LC).
    If the employer fails to comply with this requirement, he or she will be liable to pay the 6 months' salary to the trade union organization.
    - The same rule applies to pregnant women: art. 124 LC.
    - The LC also requires the employer to obtain prior authorization from the Labour Inspector (or the mayor) before dismissing a women during the entire period of pregnancy and 3 months after the child delivery. Such authorization to dismiss can only be given if the existence of one of the just causes listed in art. 112 LC is proven (see arts. 144 and 145 LC)



Hongrie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 66(1) LC (in the former LC sec. 89 (2) LC).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 66(2) LC (in connection with his/her ability, his/her behavior in relation to the employment relationship or with the employer's operations), (in the former LC sec. 89(3)).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; accomplissement du service militaire ou civil ; langue; congé parental; état de santé ; origine ethnique
Remarks:
  • - Race, colour, sex, etc. are listed as prohibited grounds for discrimination including in the context of termination of employment in the Equal Treatment Act (No. 125 of 2003). (Sec. 8 and 21 c) ETA).
    - In addition, pregnancy, parental leave; a leave of absence taken without pay for caring for a child (Sections 66(3), 128 and 130 LC).
    -Sec. 271(2) provides that no employee shall be dismissed on a ground of being a member of any trade union.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • * Prior consent of the higher ranking trade union body is requested in case of dismissal of an elected trade union representatives: sec. 273(1) LC (in former LC sec. 28 (1)).
    * The LC provides for protected periods during which ordinary dismissal can not take place: pregnancy, parental leave.: sec. 65 3 LC (in former LC sec. 90 (1)).

    New in 2012
    Section 89(7) of the previous Labour Code provided that workers who are between 57 and less than 62 years old, can only be dismissed in "particularly justified cases", unless they are already entitled to pension benefits. However, new Labour Code does not contain such provision.

    Contrary to the previous regulation, the new Labour Code allows for dismissal of an employee during the period of sick leave. Sec. 66(7) LC now states: The employer may terminate by notice the employment relationship of a worker who is receiving rehabilitation treatment or rehabilitation benefits due to the worker's capacity related to medical reasons if the worker can no longer be employed in his/her original position and no other job is available that is considered appropriate for his/her medical condition, or if the employee refuses to accept a job offered by the employer without good reason.


Inde - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 13 MSO and Sec. 25F IDA.
    NOTE: The Model Standing Orders (MSO) are a default not a mandatory rule i.e. the employer may adopt them as provided but employers are permitted to derogate/amend them on a case by case basis.


Motifs autorisés (licenciement justifié) : conduite du travailleur; motifs économiques
Remarks:
  • Sec. 150B IDA reads as following:

    "1*[(oo)"retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include--
    (a) voluntary retirement of the workman; or
    (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
    2*[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
    (c) termination of the service of a workman on the ground of continued ill-health;] "


    Sec. 17 MSO provides for an exhaustive list of the instances when dismissal for the reasons of misconduct is justified:

    (a) Theft, fraud, or dishonesty in connection with the employer's business or property.
    (b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer's
    business or his own interests.
    (c) Willful insubordination or disobedience, whether alone or in conjunction with another or others, or of
    any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
    (d) Habitual late attendance and habitual absence without leave or without sufficient cause.
    (e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the place of work.
    (f) Habitual neglect of work.
    (g) Habitual indiscipline.
    (h) Smoking underground within the area in places where it is prohibited.
    (i) Causing willful damage to work in progress or to property of the employer.
    (j) Sleeping on duty.
    (k) Malingering or showing down work.
    (l) Acceptance of gifts from subordinate employees.
    (m) Conviction in any Court of Law for any criminal offence involving moral turpitude.
    (n) Continuous absence without permission and without satisfactory cause
    for more than ten days.
    (o) Giving false information regarding one's name, age, father's name,
    qualification or previous service at the time of the employment.
    (p) Leaving work without permission or sufficient reason.
    (q) Any breach of the Mines Act, 1952, or any other Act or any rules,
    regulations or bye-laws there under, or of any Standing Orders.
    (r) Threatening, abusing or assaulting any superior or co-worker.
    (s) Habitual money-lending.
    (t) Preaching of or inciting to violence.
    (u) Abetment of or attempt at abetment of any of the above acts of
    misconduct.
    (v) Going on illegal strike either singly or with other workers with out giving 14 day's previous notice.
    (w) Disclosing to any unauthorized person of any confidential information in regard to the working or
    process of the establishment which may come into the possession of the workman in the course of his work.
    (x) Refusal to accepted any charge-sheet or order or notice communicated in writing.
    (y) Failure or refusal to wear or use any protective equipment given by the employers


Motifs prohibés: grossesse ; congé de matérnité; affiliation et activités syndicales
Remarks:
  • The IDA (Fifth Schedule) on Unfair Labour Practices - these include prohibition of dismissal based on: trade union activity or membership and taking part in a strike which is not deemed to be illegal according to the IDA.
    Further, the Fifth Schedule of the IDA states that the Unfair Labour Practice shall be the following:
    "5. To discharge or dismiss workmen:
    (a) by way of victimisation;
    (b) not in good faith, but in the colourable exercise of the employer's rights;
    (c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence;
    (d) for patently false reasons;
    (e) on untrue or trumped up allegations of absence without leave;
    (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
    (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment."

    Sec. 12 of the Maternity Benefit Act: Dismissal during absence or pregnancy

    Art. 16.2 of the Constitution of India on Equality of opportunity in matters of public employment, states that: "No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State". NOTE: This applies only in relation to public employment.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Schedule Five of the IDA
    Art. 12 of the Maternity Benefit Act


Indonésie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • No express obligation to state the reasons for dismissal. However, according to art. 151 (2) MA: the employer must negotiate directly with the worker (who is not unionized) or, the trade union he belongs to about his intention to carry out the dismissal.


Motifs autorisés (licenciement justifié) : conduite du travailleur; motifs économiques; capacité du travailleur
Remarks:
  • See:
    * Art. 158 MA: grave wrongdoings,
    * Art. 168 MA: absence from work for more than 5 days without justified reason,
    * Art. 161 MA: violation of the provisions specified in the work agreement, the company regulations or the collective agreement,
    * Art. 160 (3) MA: inability to work for reasons related to legal criminal proceeding,
    * Art. 163, 164 and 165 MA: economic reasons (change of status of the enterprise, closing down due to continuous losses, bankruptcy).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; affiliation et activités syndicales ; handicap; membres de la famille sur le même lieu de travail; dénoncer des violations; prendre légalement ses congés ; remplir des obligations civiques; origine ethnique
Remarks:
  • Art. 153 MA


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • See: art. 153 c), g), j) and 172 MA.


Iran, République islamique d' - 2010    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • No statutory obligation to state the reasons for dismissal.
    However, according to sec. 27 LC, no disciplinary dismissal can take before prior written warnings have been given to the employee to correct his/her behaviour.


Motifs autorisés (licenciement justifié) : conduite du travailleur; motifs économiques; capacité du travailleur
Remarks:
  • Where a worker is negligent in discharging his or her duties or if, after written warnings, he or she continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Council is in agreement, pay the worker a sum equal to his or her last monthly wage for each year of service, and to terminate his or her employment contract (sec. 27 LC).
    In addition, according to sec. 21 LC (as amended) "the employment agreement may be terminated in any of the following cases:
    a) Death of worker.
    b) Retirement of worker.
    c) Total disability of worker.
    d) Expiry of duration of definite employment agreements and their non-renewal explicitly or implicitly.
    e) Completion of work in the contracts for specific task.
    f) Resignation of worker.
    g) Reduced production and structural changes imposed by economic, social and cultural developments calling for vast technological changes as provided in Article 9 of the Law Facilitating the Renovation of Industries.
    Economic reasons as authorized valid grounds for termination of employment result from an amendment to the 1990 Labour Code (not included in the electronic version of the text provided under "references"). Source of information: "LIS 643 and 644, Day 25 & Bahman 2, 1387 ( 14-21/01/2009)", by Pars Associates, Attorneys-at-Law, published on the "Blog of Guillot-Pars associates" (http://avocats.fr/space/guillot-pars), available at: http://avocats.fr/space/guillot-pars/content/lis-643et-644-des-25-day-et-2-bahman-1387---14-21-01-2009_C4307EB5-3EC5-42B5-8693-C392E41F5282.


Motifs prohibés: race; couleur; sexe; langue; origine ethnique
Remarks:
  • See sec. 6 LC on the general prohibition of discrimination: "Iranians, whatever their tribe or ethnic group, enjoy the same rights; skin colour, race, language and the like do not constitute any privilege or distinction; all individuals, whether men or women, are entitled to the same protection of the law"


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No information found in the legislation reviewed.


Italie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 2 Act 604/1966 as amended by art. 1.37 of the Act 92/2012.

    As from Act 92/2012, reason of termination must be provided within the termination letter when the termination letter is served. Before Act 92/2012, the employee could request the justification within 15 days from the notification and the employer had 7 days to reply.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • A dismissal is unfair unless it is for a just cause (no notice required) or a justified motive (notice required)
    See art. 1 and 3 Act 604/1966 and art. 2119 CC.

    Under art. 2119 C.C., 'just cause', in broad terms, requires very grave conduct which, when evaluated both subjectively and objectively, constitutes a serious and irremediable reason that prevents the parties to continue the employment relationship even on an interim basis. Whether such a breach has occurred would normally have to be determined ultimately by a court, taking all relevant factors into account.
    Justified reason is defined as a very significant breach of contract made on the side of the employee (subjective justified reason) as well as ; or reasons inherent in the production process, the organization of work or the smooth running of the undertaking (objective justified reason) (sec. 3, Act 604).


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; opinion politique ; âge ; affiliation et activités syndicales ; handicap; exercice d'un droit; congé parental; participation à une grève légale; dénoncer des violations; congé d'adoption
Remarks:
  • Art. 15 and Art. 18 Act 300/1970, as amended by Law 92/2012 .
    Art. 3 Act 604/1966
    Art. 35 Legislative Decree 198/2006
    Art. 54 Legislative Decree 151/2001
    Art. 18 (1) Act 53/2000.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970

    - Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
    This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.

    - Workers on paternity leave equally benefit from the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).

    - The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).


Japon - 2018    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Upon request of the dismissed employee, the employer shall issue a certificate indicating the reason for dismissal in writing and without delay, i.e. between the advance notice and the last day of employment (art. 22, LSA).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Under the Civil Code, both parties can terminate an employment contract of indefinite duration at will provided that two weeks' notice is given (art. 627, CC).
    However, the freedom of the employer to dismiss an employee has been restricted by the Japanese courts which have developed the doctrine of abusive dismissal based on the basic principle of prohibition of abuse of rights enshrined in art. 1(3) CC. The 2003 amendment to the LSA codified this long-established case-law under art. 18-2 LSA. Since the entry into force of the Labour Contract Act (2008), art. 18-2 LSA has been deleted from the LSA (see suppl. provisions - art. 2) and the prohibition of abusive dismissal is now to be found in identical terms in art. 16 LCL. This provision reads as follows: "A dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of rights and be invalid".

    Although there are no listed statutory grounds for dismissal, they are generally included in collective agreements and/or in the workplace rules (Shugyo-Kisoku). Art. 89 (iii) LSA requires the employer to include in the workplace rules matters pertaining to termination of employment, including grounds for dismissal. These rules must be established in all enterprises employing ten or more workers.

    With the 2012 amendment to the LCA, certain jurisprudence (of the Supreme Court) on abusive refusal to renew FTCs became legal provisions (Art.19, LCA as amended, which entered into force upon its publication: 10 Aug 2012): “the Employer's refusal to accept the said application [for a renewal of a FTC] lacks objectively reasonable grounds and is not found to be appropriate in general societal terms, it is deemed that the Employer accepts the said application with the same labor conditions as the contents of the prior fixed-term labor contract” when: (i) the said FTC has been repeatedly renewed in the past, and it is found that terminating the said FTC by not renewing it when the contract term expires is, in general social terms, equivalent to an unjustified dismissal of a non-FTC worker; or (ii) it is found that there are reasonable grounds upon which the said Worker expects the said FTC to be renewed when it expires.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; sexe; religion ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; dénoncer des violations
Remarks:
  • * Art. 19 LSL prohibits dismissal:
    - during the absence of an employee because of work-related illness and 30 days thereafter; and
    - during an employee's statutory maternity leave and 30 days thereafter.
    If an employee is dismissed during the above-mentioned periods, such dismissal will be void.

    * The Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (1973, as amended in 2006) prohibits dismissal based on sex (art. 6), marriage, pregnancy, childbirth, and requesting maternity leave (art. 9).

    * Article 7 of The Trade Unions Act (1949, as amended in 2005) prohibits dismissal based on trade union activities and membership.

    *Art. 104 LSA prohibits an employer from dismissing an employee on the grounds that he or she reported violations of the Labour Standard Act to the Inspecting authority.
    Specific laws regulating certain aspects on employment also contain provisions on the prohibition to dismiss a worker for reporting violations of these laws to the competent authority (i.e. the Industrial Safety and Health Law, 1972, amended in 2006: art. 97 and the Security of Wage Payment Law, 1976, amended up to 2002: art. 14).

    *See also the Whistleblower Protection Act (2004), art. 3 on the nullity of dismissal of a whistleblower.

    * In addition, Art. 14 of the Japanese Constitution prohibits discrimination in political, economic or social relations on the grounds of race, creed, sex, social status or family origin.
    More specifically, art. 3 LSA prohibits discriminatory treatment with respect to wages, working hours or other working conditions on the grounds of the nationality, creed or social status of any worker. Although political opinions is not listed as a prohibited ground in art. 3 LSA, it has been held that the term "creed" includes both political and religious beliefs(1).
    "Nationality" is also generally interpreted to include the concept of race(2).


    *******
    ((1) see Tadashi A. Hanami, Fumito Komiya: 'Japan', in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2006), § 220, p. 137).
    (2) Idem, citing the Hitachi Seisakujo case, The Yokohama District Court, 1974, HJ, No. 744, p. 29.
    *******

    The 2018 amendment to the Part-time Workers Act (the tile will change to Part-time and Fixed-term Workers Act) will enter into force on 1 April 2020, except that for small and medium-sized enterprises on 1 April 2021, including the following changes:

    Section 24 (2) of PT-FT Act prohibits dismissal and other unfavourable treatment of a FTC worker (as well as of a part-time worker) for the reason that the worker has requested support from the Directors of Prefectural Labour Bureaux such as advice and recommendation for dispute resolution regarding their treatment.

    Section 14 (3) of the same Act also prohibits dismissal and other unfavourable treatment of a FTC (or part-time) worker for having requested information to the employer regarding their treatments (on the difference in treatment compared to regular workers and reasons for it) in accordance with Section 14 (2).



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:
  • See art. 19(1) LSA which prohibits an employer from dismissing a woman while on maternity leave of six weeks prior to (14 weeks in the case of multiple pregnancy) and eight weeks after the childbirth, and 30 days thereafter.
    [As exception, however, dismissal is possible, if the enterprise is unable to continue its activities as a result of a natural disaster or some other unavoidable circumstances provided that the employer has obtained prior authorization from the Labour Standards Inspection Office].

    Note that art. 19(1) LSA also apply to workers which are absent from work for a result of illness or injury incurred in the course of work, and for 30 thereafter.

    See also art. 9(4) of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (1973, as amended in 2006) which provides for a special protection against dismissal during pregnancy and maternity leave, as it stated that: "Dismissal of women workers who are pregnant or in the first year after childbirth shall be void." However, this protection is not absolute since "it does not apply n the event that the employers prove that dismissals are not by reasons prescribed in the preceding paragraph [pregnancy, childbirth and requesting maternity leave]".



Jordanie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The LL does not require the employer to provide the reasons for termination. The party who intends to terminate the contract is only requested to notify the other party in writing of his or her intention to terminate the contract (art. 23 LL).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • The LL does not list Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
    This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; religion ; affiliation et activités syndicales ; accomplissement du service militaire ou civil ; langue; prendre légalement ses congés
Remarks:
  • - The employer shall not terminate the services of an employee in any of the following cases:
    * from the sixth month of the employee's pregnancy or during her maternity leave.
    * the employee is performing military or reserve service.
    * the employee is on annual, sick leave or on leave granted for the worker's education, purposes of learning, pilgrimage, or on leave agreed by both parties to take up trade union office or studies in a recognized institute, college or university (art. 27 LL).

    - Race, language and religion are listed in the Constitution as prohibited grounds for discrimination. They are however not mentioned in the LL as prohibited grounds for dismissal.
    Art. 6 of the Constitution reads as follows: "(i) Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.
    (ii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians."



Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif
Remarks:
  • Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.


Kazakhstan - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 53 of the Labour Code


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 52 of the Labour Code states that:

    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
    4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
    7) a negative result of work performed during a probationary period;
    8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
    11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
    14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
    19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
    21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
    22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
    23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
    24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
    25) employees absence from work for more than one month, for reasons unknown to the employer.


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; langue; propriété; identité de genre; lieu de résidence
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs handicapés
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike


Kirghizistan - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 83 and 85 LC


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 83 LC


Motifs prohibés: race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; statut financier ; langue; propriété; lieu de résidence ; origine ethnique
Remarks:
  • Art. 9 LC


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

    Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.


Lesotho - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 69 (1) LC: "The employer shall provide a written statement of the reason for dismissal [...] to any employee who is dismissed. Such statement shall be given to the employee either before dismissal, at the time of dismissal or within four weeks of the dismissal having taken effect".

    "Where an employer has given no written statement in accordance with subsection, or if the material details of the statement are incorrect, the Court may (a) declare the reasons for the dismissal; and (b) award, in addition to other possible relief, two weeks' wages to the employee": art. 69 (5) LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 66 (1) LC: An employee shall not be dismissed, whether adequate notice is given or not, unless there is a valid reason for termination of employment, which reason is
    (a) connected with the capacity of the employee to do the work the employee is employed to do (including but not limited to an employee's fraudulent misrepresentation of having specific skills required for a skilled post);
    (b) connected with the conduct of the employee at the workplace; or
    (c) based on the operational requirements of the undertaking, establishment or service.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; prendre légalement ses congés ; statut sérologique VIH
Remarks:
  • Art. 66 (3) LC invalid reasons for terminating employment.
    In addition, see art. 5 LC : general article on non-discrimination.
    On HIV status, see: art. 235 G Labour Amendment Act 2006.
    See also art. 67 LC: "If the Labour Court is satisfied that an employer dismissed an employee in order to avoid liability for providing the employee with any benefit provided for under the Code, such dismissal shall be deemed unfair".


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - Women on maternity leave, see art. 136 LC: prohibition of dismissal.
    - Worker's representatives, see code of good practices art. 11 (8) : specific discipline procedure (mandatory consultation with the trade union).


Luxembourg - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. L 124-5 (2) LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. L 124-5 (2) LC : this article requires that the reasons be genuine and serious ("motifs réels et sérieux").


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; race; orientation sexuelle ; religion ; opinion politique ; âge ; affiliation et activités syndicales ; handicap; origine ethnique
Remarks:
  • Except for marital status and pregnancy, those grounds are listed in art. L 251-1 LC (non-discrimination in employment including dismissal: art. L 251-2 1) c) LC).
    * Marital status: art. L 337-5 LC: No contractual clause can stipulate that the contract of a woman employee be terminated on the grounds that she got married.
    * Pregnancy and maternity leave: art. L 337-1 LC: Dismissal with notice is prohibited during pregnancy (as established by a medical certificate), during a period of 12 weeks after birth.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • * Pregnant women /women on maternity leave: prohibition of dismissal: art. L 337-1 LC.
    * Workers' representatives: prohibition of dismissal: art. L 415-11 LC.


Macédoine, Ex-République yougoslave de - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 72 LRA states that the employer is obliged to indicate the ground for termination, as stipulated by law or collective agreement and to substantiate the reason justifying termination. In addition, where the employer intends to dismiss a worker on the ground of misconduct, he/she must previously warn in writing the worker on the possibility of such dismissal in the event of further violations. (Art 73 LRA). Article 74(2) LRA provides for the obligation on the part of the employee to explain the reason for termination in the notice of dismissal as well as to provide indications on the legal remedies available and his/her rights to unemployment insurance. See also art. 85 LRA: the grounds for termination must be indicated in the dismissal decision.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • According to art. 71(2) LRA, the employer may only terminate the employment contract if there is a justified reason based on the worker's conduct ("personal reason of the employee") or operational needs of the employer (business reasons).
    Art. 76 LRA establishes 3 categories of "justified reasons for dismissal" as follows:
    - "personal reason", defined as the employee's inability to carry out employment obligations due to his/her conduct, lack of knowledge or capabilities;
    - "fault reason", defined as the employee's violation of contractual or other obligations arising from the employment relationship;
    - "business reason", defined as economic, organizational, structural, or similar reasons.
    See also: art. 79 and 80 LRA on "personal reasons" (respectively on failure to carry out employment obligations and unsatisfactory performance).
    In addition, art. 81 LRA provides for a non-exhaustive list of acts constituting a violation of work regulations and discipline justifying dismissal with notice whereas art. 82 LRA provides for a non-exhaustive list of acts justifying dismissal without notice.


Motifs prohibés: état matrimonial; grossesse ; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; propriété; état de santé ; prendre légalement ses congés ; origine ethnique
Remarks:
  • - Non-discrimination:
    Art. 6 LRA prohibits discrimination against applicants or employees on the basis of race; skin colour; gender; age; health condition or disability; religious, political, or other conviction; trade union membership; national and social origin; marital status; sexual orientation; or other personal circumstances.
    Art. 71(4) LRA provides that any termination based on those above listed grounds shall be null and void.

    - Prohibited grounds of dismissal:
    Art 77 LRA provides a list of "unfounded grounds for termination", as follows:
    1) membership of a trade union or worker participation in union activities in accordance with the law and collective agreements;
    2) filing a complaint or participating in proceedings against the employer for violation of contractual and other obligations arising from the labour relation before an arbitration, judicial or administrative authorities;
    3) approved absence due to illness or injury, pregnancy, birth and parenthood and care of a family member;
    4) Using approved absence of work and annual leave;
    5) performing military service or military exercises and
    6) Other cases of suspension of the employment contract defined by the Law.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • Art. 101 LRA states that the employer shall not dismiss a woman during her pregnancy or while she is on a maternity leave, or during a leave of absence for child care.
    This prohibition also applies to fathers on parental or adoption leave.

    In addition, art. 200 LRA provides for a protection against dismissal for trade union representatives. A trade union representative can only be dismissed with the prior approval of the trade union. In case the trade union refuses to give approval, such approval can be given by the court. This protection applies during the whole period of the mandate and and at least two years after its expiration.


Madagascar - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 21 LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 20 LC: Termination of employment is unfair if it is not justified by a legitimate reason, or a genuine and proper cause. ("La rupture est abusive lorsqu'elle est effectuée sans motif légitime, sans cause réelle et sérieuse".)


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; religion ; opinion politique ; affiliation et activités syndicales ; handicap; statut sérologique VIH ; origine ethnique
Remarks:
  • - Worker's opinion and trade union membership or activities: see art. 20 LC and 141 LC.
    - Pregnancy and maternity leave: see art. 95 and 97 LC.
    - HIV status: Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. See art. 46 which provides that the serological status of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment.
    - Disability: see art. 105 LC which contains a general prohibition of discrimination in employment on the basis of disability.
    - Art. 5 LC protects employees against retaliation (including dismissal) if they report sexual harassment or testify against the employer in sexual harassment cases.
    - In addition art. 261 LC provides that any discriminatory treatment based on race, religion, origin, sex, trade union affiliation as well as political opinion or membership in relation to access to employment and vocational training, conditions of employment and promotion, conditions of remuneration and dismissal, shall be punished with a fine or imprisonment.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
    - As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
    - Dismissal is prohibited during maternity leave: Art. 97 LC.


Malaisie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No statutory obligation.
    However sec. 10(2) EA states that every written contract of service should include a clause setting out the manner in which the contract concluded may be terminated by either party.


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • Sec. 12 (1) EA: termination by either party at any time provided that the notice requirements are observed: no ground for dismissals required in the laws reviewed. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The EA authorizes termination without notice in the following cases:
    Sec. 13 (2) EA: termination by either party without notice in the event of any wilful breach of contract.
    Sec. 14 (1) EA: summary dismissal on the grounds of misconduct.
    Sec. 15 (2) EA: termination of the contract of an employee who has been continuously absent from work without reasonable excuse.
    New as of April 2012:
    The 2012 amendments to the EA have introduced a new part on Sexual harassment. According to the new amendments, the employer is required to inquire into a complaint of sexual harassment he/she has received, and to take disciplinary action against the employee concerned if he/she has been found guilty, including dismissing the employee without notice (Sec. 81(c) EA).


Motifs prohibés: grossesse ; congé de matérnité; affiliation et activités syndicales
Remarks:
  • * Trade union activities: sec 5 (1) (d) and 59 (1) IRA.
    New as of April 2012
    *Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
    New as of April 2012
    Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.
    *Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs nationaux
Remarks:
  • New as of April 2012
    *Maternity leave and pregnancy: Section 37 (4) has been inserted in the EA and it states that dismissing an employee during maternity leave constitutes an offence (former section 40 (3) EA). Unlike the previous Section 40 (3) EA (which now has been deleted), sec. 37 (4) of the amended EA provides that the prohibition of dismissal during maternity leave does not apply to termination on the grounds of the closure of the employer's business.
    New as of April 2012
    Prior to the 2012 amendments the provisions on maternity leave were applicable to female employees depending on their wages. As of April 2012, a new Section 44A has been introduced in the EA, and it states that maternity leave entitlements are now extended to all female employees, irrespective of their wage.

    Constitutes also an offence the dismissal of a female employee who remains absent from work after the expiration of the protection period as a result of illness arising out of her pregnancy or confinement (sec. 42 (1) EA).

    In addition, sec. 60N EA provides specific protection to local employees in case of collective dismissal as it stipulates that no employer can retrench a local employee unless it has first terminated the services of a foreign employee employed in a similar capacity.


Malawi - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • No explicit mention of an obligation to state the reasons for dismissal.
    However see the following provisions:
    * Art. 31 (1) (f) EA on the certificate of termination : The reasons for termination must be indicated in the certificate, if so requested by the employee;
    * Art 57 (2) EA: The employment cannot be terminated for reasons connected with the conduct or the capacity of the employee before the employee is given the opportunity to defend himself against the allegations made.

    * Art. 61 (1) EA: In any claim or complaint, the employer shall provide the reason for dismissal. If he or she fails to do so there shall be a presumption that the dismissal was unfair.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 57 (1) EA: "valid reason for termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; langue; participation à une grève légale; propriété; naissance; origine ethnique
Remarks:
  • Art. 57 (3) EA: invalid reasons for dismissals.
    See also the general provision of non-discrimination (including in respect of termination of employment): art. 5 (1) EA.
    On pregnancy, see: art 49(1) EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment.


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé

Maroc - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • * Dismissal based on the worker's conduct and the worker's capacity: Art. 62 LC
    * Dismissal based on economic grounds: Art. 66 LC (consultation procedure).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 35 LC: Valid reason connected with the worker's conduct, capacity or operational requirements of the undertaking.
    Art. 38 LC : The employer shall apply disciplinary sanctions gradually. When disciplinary sanctions are exhausted within the year, the employer may proceed with the dismissal of the employee. In this case, the dismissal is considered justified.
    Art. 64 LC: A copy of the dismissal decision shall be addressed to the labour inspectorate officer. The decision to dismiss must include the reasons justifying the employee's dismissal.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap
Remarks:
  • Art. 9 and Art. 36 LC
    Art. 159 LC: pregnant women and women on maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. 58 LC: Severance pay is doubled for workers' representatives.
    Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
    Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.


Mexique - 2010    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 47 FLA.


Motifs autorisés (licenciement justifié) : conduite du travailleur; motifs économiques; capacité du travailleur
Remarks:
  • The FLA establishes a distinction between dismissal (despido) (art. 47) and termination (terminación) (art. 53).
    Under the FLA dismissal (despido) can only be justified by reasons related to the worker's conduct (listed below). Economic reasons and, worker's incapacity are considered to be grounds for termination (terminación) in addition to other grounds such as force majeure, death of the worker, termination of the work.. (art. 53)

    *worker's conduct: art. 47 FLA provides for a detailed list of acts that allows the employer to dismiss the workers:
    - if the worker or the trade union which proposed or recommended him or her deceives the employer by means of false certificates or references attributing to the worker abilities, skills or qualities which he or she does not possess. These grounds for termination cease to be operative after the worker has completed 30 days' employment;
    - if the worker in the course of his or her employment commits a dishonest or dishonourable act, violence, threats or ill-treatment towards the employer or any member of the employer's family or the top management or managerial personnel of the undertaking or establishment, except in the case of provocation or self-defence;
    - if the worker is guilty of any of the acts mentioned in the preceding clauses towards any fellow workers and workplace discipline is affected as a consequence of such acts;
    - if the worker is guilty outside his or her employment of any of the acts mentioned in the second ground above and these acts are of such a serious nature as to render the fulfilment of the contract of employment impossible;
    - if the worker in the performance of his or her work or in connection therewith willfully causes material damage to the buildings, works, machinery, tools, raw materials or other objects connected with the work;
    - if the worker causes damage as in the preceding clause of a serious character acting without malicious intent but with negligence which is the sole cause of the damage;
    - if the worker by his or her inexcusable imprudence or carelessness endangers the safety of the establishment or the persons therein;
    - if the worker is guilty of immoral conduct in the establishment or workplace;
    - if the worker reveals manufacturing secrets or communicates matters of a private character to the detriment of the undertaking;
    - if the worker is absent from work more than three times in a period of 30 days without the employer's permission or without sufficient reason;
    - if the worker refuses to obey the employer or his or her representative without sufficient reason in matters connected with the work under the contract;
    - if the worker refuses to adopt preventive measures or follow the procedure laid down for the prevention of accidents or disease;
    - if the worker attends work in a state of intoxication or under the influence of a narcotic or harmful drug unless, in the latter case, he or she has a medical prescription. Before commencing service, the worker should inform the employer of the facts and submit a certificate signed by a medical practitioner;
    - if the worker receives an executory judgement sentencing him or her to a term of imprisonment preventing him or her from fulfilling the obligations under the employment relationship; and
    - on grounds similar to those laid down in the preceding clauses if they are of equal gravity and entail similar consequences as far as the work is concerned.

    *Worker's capacity: according to art. 53 IV), the worker's physical or mental incapacity or obvious disability making it impossible for him or her to perform the work constitutes a valid ground for termination.

    Note that poor performance of the worker is not a statutory ground for dismissal.

    *Economic reasons: according to art. 434 FLA, constitute reasons for termination:
    - the self-evident non- profitability of the operations,
    - the legally declared insolvency or bankruptcy.
    No other economic reasons are listed.




Motifs prohibés: état matrimonial; race; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; langue; participation à une grève légale; état de santé ; origine ethnique
Remarks:
  • * A dismissal on the ground of trade union membership or participation in a lawful strike amounts to a dismissal without cause (art. 123 A XXII of the Constitution).

    * Art. 3 of the FLA prohibits discrimination between workers on the grounds of race, sex, age, religion belief, political opinion or social condition.

    (Note also that Art. 1 of the Constitution establishes a general prohibition of any discrimination on the grounds of ethnic or national origin, gender, age, disabilities, social condition, health condition, religion, opinions, orientations, marital status).

    In addition the Federal Law to prevent and eliminate discrimination of 2003, last amended in 2007 defines discrimination as any distinction on the grounds of ethnic or national origin, sex, age, disability, social or financial condition, health condition, pregnancy, language, religion, opinions, sexual orientation, marital status or any other reason. In addition anti-Semitism and xenophobia are considered to be discrimination (art. 4).

    Art. 9 (III, IV and V) considers to be discriminatory conduct, inter alia, the restriction of opportunities for access to, remaining in and progression in employment. However, this law does not establish any civil or criminal liabilities, but rather promotional administrative measures which can only be imposed on individuals provided that they have accepted the corresponding conciliation agreement.
    (See: ILO Committee of Experts on the Application of Conventions and Recommendations, Comments on the ILO Discrimination (Employment and Occupation Convention, 1958, No. 111, Observation on Mexico, CEACR 2005/76th Session).

    Fulfilling state duties and performing jury services – art 132 FLA (VIII): Employers must allow workers the necessary time to exercise their right to vote and to fulfil jury, electoral and registration services as observed in article 5 of the Constitution when the tasks must be fulfilled in working hours.


Travailleurs bénéficiant d'une protection particulière: travailleurs ayant une longue ancienneté
Remarks:
  • *Art. 161 FLA: Workers with more than 20 years of service can only be dismissed on of the grounds listed art. 47 (reasons related to the worker's conduct) provided that such reason is particularly serious or makes it impossible to continue the employment relationship.


Moldova, République de - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 86 LC.
    Art 88 (1) a) LC on economic dismissal.
    In addition, the necessity of the dismissal is to be proved before the court by the employer (art. 89 LC).


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract.


Motifs prohibés: grossesse ; congé de matérnité; responsabilités familiales; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; lieu de résidence
Remarks:
  • Art. 8 LC: general prohibition of discrimination in the sphere of employment. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities".
    *Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
    enterprise liquidation.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • *Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
    Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

    *Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
    enterprise liquidation.


Mongolie - 2017    

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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).


Montenegro - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 143c(2) LL: The dismissal decision shall contain the grounds for termination of employment, an explanation and a note indicating available legal remedies.
    (See also art. 143b LL: prior to any dismissal based on disciplinary grounds, the employer shall warn in writing the employee about the existence of reasons that can justify the dismissal. He/she must and to give him/her at least five days to respond.)

    Note: following the 2011 amendments, the relevant article numbers have changed but not their content.


Motifs autorisés (licenciement justifié) : capacité du travailleur; conduite du travailleur; motifs économiques
Remarks:
  • New in 2011: The provision on valid grounds for dismissal has been substantially modified by the amendments to the LL adopted in December 2011.

    Art. 143(1) LL, as amended in December 2011 provides that "the employer may terminate the labour contract if there is a justified reason for such action" and gives an exhaustive list of 8 instances when termination of employment by the employer is authorized [instead of 16 under the 2008 LL] :
    "1. if an employee fails to meet the results of work defined by collective agreement, employer's act or contract of employment; in a period of not less than 30 days;
    2. if an employee fails to comply with obligations prescribed by the law, collective agreement and contract of employment, which shall comply with the law and the collective agreement;
    3. if an employee's behaviour is such that he/she cannot continue employment with the employer, in cases prescribed by the law and the collective agreement or employer's act, which shall comply with the law and the collective agreement;
    4. if an employee refuses to conclude an annex to the contract of employment referred to in Article 40 paragraph 1 items 1 and 2 of this Law [i.e: for the purpose of deployment to another adequate job, due to the needs of the process and organization of work - for the purpose of deployment to another position with the same employer, if the activity of the employer is of such nature that the work is performed in places outside the employer's headquarters, or employer's organization unit,];
    5. if an employee refuses to conclude an annex to the contract of employment referred to In Article 40 paragraph 1 Item 3 of this Law [i.e: regarding the definition of wages];
    6. if an employee abuses the right to leave for temporary inability to work;
    7. due to economic problems in operations;
    8. in case of technical and technological, or structural changes as a result of which an employee is no longer needed."

    [Prior to the amendments, art. 143 read as follows:
    The employer may terminate the labour contract "if there is a justified reason to do so regarding working capacity of the employee, his behaviour and needs of the employer"
    1) if the employee refuses to work in the job position that he is assigned to or refuses to fulfill duties at work referred to in the labor contract;
    2) if the employee does not comply with a labor discipline envisaged by the employer's act and the labor contract, i.e. if his behavior is such that he cannot continue working with the employer;
    3) with the expiration of the period for which the employment contract for a limited time is signed, i.e. with the expiration of the period of validity of the labor contract signed for a limited time;
    4) if the employee comes to work under the influence of alcohol or narcotics, drinks during work or uses narcotics;
    5) if the employee was unjustifiably absent from work for five consecutive business days, or seven business days with interruptions within the period of three months;
    6) if the employee fails to state his opinion on the offer or refuses the offer to conclude the annex to the labor contract, under Article 40, paragraph 1, items 1 and 2, within the deadline referred to in Article 41, paragraph 2 of this Law;
    7) if the employee fails to show adequate results during trial work;
    8) if the employee is provided with one of the rights based on redundancy under Article 93, paragraph 2, item 5 of this Law;
    9) if the employee refuses one of the rights that the employer offered him on the basis of the redundancy;
    10) when the severance pay is paid out to the employee on the basis of redundancy;
    11) if the employee fails to return to work within 30 days, under Article 76 paragraph 3 of this Law;
    12) if the employee gave false data regarding the performance of the activities that he concluded the labor contract for when starting to work, i.e. when entering employment, and during the employment;
    13) if a pecuniary fine is imposed on the employee for violation of duties at work two or more times within a period of one year;
    14) if the employee works for another employer under Article 58, paragraph 1 of this Law, without the consent of the employer where he is employed full time;
    15) if the employee contracts the activities within the scope of business activity performed by the employer to his own account or account of another person (unfair competition);
    16) and in other cases determined by the collective agreement."]


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; langue; congé parental; dénoncer des violations; naissance; état de santé ; origine ethnique
Remarks:
  • Art. 143a LL, a new provision introduced in December 2011, provides a list of prohibited grounds for termination, as follows:
    1) Temporary absence from work due to illness, accident at work or occupational disease;
    2) Maternity or parental leave, absence from work for child care and absence form work due to special child care;
    3) membership in a political organization, trade union, distinction based on personal characteristics of the employee (gender, language, ethnicity, social status, religion, political or other beliefs or other personal characteristics of the employee)
    4) acting as a representative of employees, in accordance with the law;
    5) in case an employee addresses trade unions or competent authorities for protection of employment rights in accordance with the law and contract of employment;
    6) in case an employee addresses the competent public authorities for reasonable suspicion of corruption or filing a complaint of such suspicion in good faith;
    7) in case an employee addresses or point out to the employer or relevant public authorities environmental threat connected to the operations of the employer.

    See also the following provisions which were already included in the 2008 LL:
    - Art. 5 LL prohibits discrimination of job seekers and employed persons on the grounds of gender, birth, language, race, religion, skin colour, age, pregnancy, health condition, disability, nationality, marital status, family responsibilities, sexual orientation, political or other belief, social backgrounds, financial status, membership in political and trade union organization or any other personal feature.
    - Art. 7(1)5) LL specifies that such discrimination shall be prohibited with regards to termination of employment.
    See also art. 108 LL: prohibition of dismissal on the grounds of pregnancy or during maternity leave, absence for child care, parental leave... (see remarks under special protection).

    Therefore, what is new in 2011 is the introduction of a comprehensive provision on prohibited grounds for dismissal in addition to scattered provisions on discrimination or specific protection against dismissal in certain situations. In addition, compared to the grounds already prohibited in the 2008 LL, new grounds have been introduced : temporary absence from work due to illness, accident at work or occupational disease; parental leave, absence from work for child care , and recourse to competent authorities where the following issues are at stake (infringement of employment rights, corruption, environmental threats)


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs avec une invalidité consolidée; travailleurs handicapés
Remarks:
  • Art. 108 LL provides for protection due to pregnancy and child care:
    - It is prohibited to dismiss a female employee due to pregnancy and during maternity leave [minimum 38 days before childbirth and 45 days after, but allowed up to 365 days after childbirth] (art. 108(1) LL).
    - It is prohibited to terminate the employment of a the parent who works half time in order to take care of a child with severe development difficulties, a single parent of a child under seven years of age, or a child with severe disability. The law also specifies that they may not be declared redundant employees due to the introduction of technological, economic or restructuring changes [special child care leave](art. 108(1) and (2) LL)
    New in December 2011:
    The scope of the protection against dismissal has been extended. Art. 108(3) LL now prohibits dismissal during parental leave [minimum 45 days after childbirth may be up to 365 days] and absence from work due to child care.

    Art. 160(1) LL provides for specific protection of trade union representatives and in particular, states that they shall not be declared as redundant.
    New in December 2011: art. 143b(4) LL now provides for specific procedural requirements in the event of a disciplinary dismissal of a trade union member: prior warning notice must be communicated to the trade union of which the employee is a member, for the purpose of obtaining its opinion. The trade union must provide a statement with its opinion within 5 days.

    Art 94(3) LL provides for severance pay for workers suffering from disability (see under severance pay).


Namibie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 30(3) LA: the reasons for termination must be indicated in the written notice of termination.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 33(1) EA: An employer must not, whether notice is given or not, dismiss an employee -
    (a) without a valid and fair reason; and
    (b) without following the procedures set by the LA in case of redundancy; or, subject to any code of good practice, a fair procedure, in any other case.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; race; couleur; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales ; handicap; statut financier ; exercice d'un droit; statut sérologique VIH ; origine ethnique
Remarks:
  • sec. 33 (2) LA lists the cases of unfair dismissals, which occur:
    - because the employee discloses information that he or she is entitled or required to disclose to another person;
    - for the reasons related to an employee's lawful trade union activities,
    - because of the exercise of any right conferred by the LA or the terms of the contract of employment; or
    - because the employee fails or refuses to do anything that an employer must not lawfully permit or require an employee to do.
    In addition constitute an unfair dismissal any dismissal based on: sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion and marital status (sec. 33(3) LA)
    See also sec. 5(2) LA which forbids employer to discriminate employees in any decision, which includes termination, on account of family responsibilities, degree of physical or mental disability, AIDS or HIV status; or previous, current or future pregnancy (in addition to the above-mentioned grounds listed in sec. 33(3))
    The dismissal of an employee for disciplinary reasons in contravention of sec. 33 LA constitutes an unfair labour practice (sec. 48 LA).
    On maternity leave, see sec. 26(5) LA.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • See sec. 26(5) LA: An employer must not dismiss an employee during her maternity leave or at the expiry of that leave on:
    - economic grounds (as listed in sec. 34 on collective dismissal)
    - any grounds arising from her pregnancy, delivery, or her resulting family status or responsibility.
    The prohibition does not apply if the employer has offered the employee comparable alternative employment; and she has unreasonably refused to accept that offer.


Niger - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Article 79 LC: When the employer contemplates a dismissal for reasons related to the employee's conduct or his/her ability/capacity, the employer must, before taking any decision, offer to the interested party to defend himself/herself. In case of dispute, the court assesses, on the basis of the circumstances, including the size of the enterprise, the extent to which the employer has fulfilled this obligation.

    Dismissal on economic grounds: Need for substantiated written notification to the labour inspection (Article 84 LC).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 78 LC: Valid reasons ("motifs légitimes") connected with the worker's conduct, capacity or operational requirements of the undertaking.

    [Note: the article number has changed in the new 2012 LC (former art. 71, now art. 78), but its content has remained unchanged]


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut sérologique VIH
Remarks:
  • See Art. 5 LC: general prohibition of discrimination on the grounds of sex, age, national origin, race, religion, colour, political or religious opinion, social origin, disability, trade union membership or non-membership, with respect to hiring, training, wages... disciplinary sanctions and termination of employment.
    New in Sept. 2012: New grounds were introduced in the 2012 LC: HIV-AIDS and sickle cell disease (drepanocytosis). In addition a new provision expressly provides that HIV-AIDS and sickle cell disease cannot, in any way, justify the dismissal of an affected worker (Art. 152 new LC).
    Art. 78 LC lists unfair reasons for dismissal, namely:
    - the above-mentioned prohibited grounds of discrimination (Art. 5 LC);
    - seeking office as, or acting or having acted in the capacity of, a workers' representative;
    - the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
    - marital status, pregnancy, temporary absence from work because of illness or injury.
    Art. 111 LC: prohibition of dismissal during maternity leave (no reference to pregnancy).
    See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • * Workers' representatives: Art. 227-228 new LC: prior authorization of the labour inspectorate required before any dismissal of a workers' representative.
    New in Sept. 2012:
    The LC introduced new provisions to further protect workers' representatives. Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC reinstatement was not available in such cases.
    In addition, the new law establishes a time frame for the authorization procedure: 8 days for the labour inspector's decision after the filing of the application, extended to twenty one (21) days where expert evaluation is required.
    Lastly, the labour inspector's decision can be appealed before the Minister of Labour and then further before an administrative tribunal.
    Article 228 LC: Under certain conditions, this protection extends up to 6 months after the expiration of workers' representatives' mandate; the protection also applies to candidate workers' representatives (under certain conditions).
    * See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

    * Pregnant women and women on maternity leave: No prohibition of dismissal during pregnancy, but only during maternity leave (14 weeks, incl. 8 weeks after giving birth) under Article 111 LC.
    Prohibition of dismissal during pregnancy is included under Article 78 LC (last point).


Nigéria - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No statutory obligation to inform the worker of the grounds of termination.


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Under Nigerian Law, employment contracts can be terminated at will. This principle of common law has been codified in sec. 11(1) of the LA which provides that: "(1) Either party to a contract of employment may terminate the contract on the expiration of notice given by him to the other party of his intention to do so".
    - The LA (sec. 11(5)) also expressly retains the common law right of an employer to summarily dismiss an employee for gross misconduct. In addition, the LA also the employer's ability to dismiss on the grounds of redundancy. 'Redundancy' is defined as "an involuntary and permanent loss of employment caused by an excess of manpower"(sec. 20 LA).
    It is worth noting that according to secondary sources, there have been developments in the case law which contrast with the principle of termination at will. See: Chioma Kanu Agomo, 'Part I. Individual Employment Relations' (August 2010), in Prof. Dr R. Blanpain, Prof. Dr M. Colucci (Eds.), International Encyclopaedia for Labour Law and Industrial Relations (Kluwer Law International BV, The Netherlands), p. 23, para. 272: According to sec. 7(4) of the National Industrial Court Act (2006), in exercising its jurisdiction or any powers conferred upon it by its Act or any other enactment or law, the Court is to consider 'good or international best practice in labour or industrial relations'.
    The National Industrial Court has used this provision in the area of termination of employment and stated in the Pengassan case, that " it is no longer fashionable in industrial relations law and practice to terminate an employment relationship without adducing any valid reason for such termination'.


Motifs prohibés: grossesse ; congé de matérnité; affiliation et activités syndicales
Remarks:
  • - Sec. 9 (6) b) LA prohibits the dismissal of worker
    "(i) by reason of trade union membership, or
    (ii) because of trade union activities outside working hours or, with the consent of the employer, within working hours, or
    (iii) by reason of the fact that he has lost or been deprived of membership of a trade union or has refused or been unable to become, or for any other reason is not, a member of a trade union."
    - Sec. 54(4) LA prohibits the employer from giving a notice of dismissal to a woman during her maternity leave (6 weeks before the delivery of the child and 6 weeks after). This prohibition also apply to a women who is absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work.




Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Sec. 54(4) LA prohibits the employer from giving a notice of dismissal to a woman during her maternity leave (6 weeks before the delivery of the child and 6 weeks after). This prohibition also apply to a women who is absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work.


Norvège - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • According to Art. 15-4 (3), the employer is required to state the reasons for the dismissal, only upon request of the employee in writing.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Sec. 15-7 of the Working Environment Act reads as follows:
    (1) Employees may not be dismissed unless this is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee.
    (2) Dismissal due to curtailed operations or rationalisation measures is not objectively justified if the employer has other suitable work in the undertaking to offer the employee. When deciding whether a dismissal is objectively justified by curtailed operations or rationalisation measures, the needs of the undertaking shall be weighed against the disadvantage caused by the dismissal for the individual employee.
    (3) Dismissal owing to an employer's actual or planned contracting out of the undertakings ordinary operations to a third party is not objectively justified unless it is absolutely essential in order to maintain the continued operation of the undertaking.


Motifs prohibés: grossesse ; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; nationalité/origine nationale ; âge ; handicap; accomplissement du service militaire ou civil ; congé parental; congé d'adoption ; origine ethnique
Remarks:
  • * General protection against discrimination:


    - Discrimination on the grounds of political views, membership of a trade union or age is prohibited according to Art. 13-1 (1) WEA.

    - On Discrimination on the basis of gender, see Art. 13-1 (4) WEA and the Gender Equality Act (No. 59 of 2013) which provides in Art. 5 and 17(e) that discriminatory terminations based on gender are prohibited.

    - Discriminatory terminations on the basis of ethnicity, religion and cultural orientation are prohibited by Art. 6 and 16(e) of the Act on Discrimination based on Ethnicity (No.60 of 2013)) [see also art. 13-1 (5) of the Working Environment Act].
    • - Discriminatory terminations on the basis of disability are prohibited by Art. 5 and 21(e) of the Act on Discrimination based on Disability (No.61 of 2013) [see also art. 13-1 (6) of the Working Environment Act].
    • - Discriminatory terminations on the basis of sexual orientation and gender identity are prohibited by Art. 5 and 15(e) of the Act on Discrimination based on Sexual Orientation (No.58 of 2013) [see also art. 13-1 (6) of the Working Environment Act].

    *Protection against certain types of dismissals:

    - Protection against dismissal in the event of sickness
    (Art. 15-8 WEA): Prohibition to dismiss an employee on the grounds of his/her incapacity to work (caused by an accident or illness) for the first 12 months after becoming unable to work. This does not prevent the employer from giving notice of termination on other grounds. However, there is a legal presumption that absence from work owing to accident or illness is the reason for dismissal during the protected period, unless other grounds are shown by the employer to be highly probable.

    -Protection against dismissal during pregnancy or following the birth or adoption of a child (Art. 15-9 WEA):
    Prohibition to dismiss an employee on the grounds of pregnancy. Pregnancy will be deemed to be the reason for the dismissal of a pregnant employee unless other grounds are shown to be highly probable.
    An employee on maternity leave, parental leave (including adoption leave) for up to one year must not be given notice of dismissal that becomes effective during the period of absence if the employer is aware that the absence is for such a reason or the employee notifies the employer without undue delay that the absence is for such a reason. If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly.

    - Protection against dismissal in connection with military service (Art. 15-10 WEA): Prohibition to dismiss an employee owing to leave of absence to perform military service. Unless other grounds are shown to be highly probable, such service will be deemed to be the reason for dismissal immediately prior to or during the period of absence.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • No specific protection against dismissal other than the prohibition of discriminatory dismissal in respect of employees performing military service, employees temporarily unable to work, and pregnant employees (see above). This means that the employer can dismiss those employees provided that it is justified on other grounds (e.g. in the case of collective redundancies). However, the WEA establishes legal presumption that the dismissals are based on prohibited grounds if they happen during a certain period unless other grounds are shown to be highly probable.

    Employees on maternity and parental leave enjoy protection in the sense that they cannot be given notice of dismissal (on any grounds) that becomes effective during the period of absence provided that the employer is aware that the absence is for such a reason.
    If the employee is lawfully dismissed during this period, the notice will be valid but the period must be extended accordingly (art. 15-9 WEA).


Notes / Remarques
NOTE: Starting with the 01 January 2018, the prohibition of discriminatory dismissals based on all of the mentioned grounds is solely regulated by Art. 6 and 29(e) of the newly adopted Equality and Discrimination Act (No. 51 of 2017) (likestillings- og diskrimineringsloven).

Nouvelle-Zélande - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • The ERA provides for a remedy to any employee who has been "unjustifiably dismissed" (see sec. 103 and 123 ERA).

    NEW: The Employment Relations Amendment Act 2010 (No. 125) which entered into force on April 1, 2011 modified the provision on 'the test of justification' for dismissal, which now reads as follows:
    103A Test of justification
    "(1) For the purposes of section 103(1)(a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2).
    (2) The test is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.
    (3) In applying the test in subsection (2), the Authority or the court must consider:
    (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and
    (b) whether the employer raised the concerns that the employer had with the employee before dismissing or taking action against the employee; and
    (c) whether the employer gave the employee a reasonable opportunity to respond to the employer's concerns before dismissing or taking action against the employee; and
    (d) whether the employer genuinely considered the employee's explanation (if any) in relation to the allegations against the employee before dismissing or taking action against the employee.
    (4) In addition to the factors described in subsection (3), the Authority or the court may consider any other factors it thinks appropriate.
    (5) The Authority or the court must not determine a dismissal or an action to be unjustifiable under this section solely because of defects in the process followed by the employer if the defects were:
    (a) minor; and
    (b) did not result in the employee being treated unfairly."

    [Prior to the 2010 amendment, sec. 103A read as follows: "the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by considering whether the employer's actions, and how the employer acted, were what a fair and reasonable employer would have done in all the circumstances at the time the dismissal or action occurred."

    Case-law has established that a dismissal will not be considered unjustifiable if 1) there was a substantive reason (= good cause) for the dismissal and 2) the dismissal was carried out in a manner that is procedurally fair.
    The substantive reasons that may justify a dismissal are normally restricted to:
    * redundancy for genuine commercial reasons;
    * reasons connected to the employee's lack of capacity for the work or performance on the job; or
    * serious misconduct by the employee.




Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; congé parental; participation à une grève légale; soulever des questions de santé et sécurité au travail; origine ethnique
Remarks:
  • See sec. 104 ERA prohibiting discrimination in employment which includes dismissal:

    * on the prohibited grounds listed in sec. 105 ERA (sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, sexual orientation). Discrimination on such grounds is also prohibited under the Human Rights Act, 1993;

    * on the grounds of involvement in the activities of a union. The statutory definition of involvement union activity includes trade union membership and also a number of grounds such as participation in a lawful strike, filing a complaint or participation in proceedings against an employer, submitting a personal grievance against an employer, taking an employment relations education leave;(sec. 107 ERA)

    * on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. Dismissal of employees is also prohibited during parental leave and during 26 weeks thereafter. The dismissal of a pregnant employee is permitted if her state of health is materially affected by causes which are not related to pregnancy (sec. 49 of the Parental Leave and Employment Protection Act 1987);

    * Another prohibited ground is listed in sec. 110A (1) (a), (2) and (6), in connection with sec. 89 of the Health and Safety at Work Act (2015), which prohibits the dismissal of a worker, who acts as, has been, or proposes to be a safety representative or a member of a health and safety committee or of a worker, who raises a health and safety issue or is taking, has taken, encourages requests or organizes to take to seek compliance by any person with a duty under the Health and Safety at Work Act.

    Furthermore, Sec. 110A (1) (a) and (2) and sec. 89, 83, 84 Health and Safety at Work Act prohibit the dismissal of an employee, based on the employee's refusal to perform work likely to cause serious harm, or the refusal to perform work, which has been declared unsafe by a safety representative


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • As already stated, dismissal is prohibited on grounds of pregnancy and of a woman's state of health during pregnancy, and on grounds that a male or female employee intends to take parental leave or to assume the care of a child with a view of adoption. However, the employer is allowed to dismiss an employee for a substantial reason which is not related to the above-mentioned grounds.

    There is a special protection against dismissal of a male or a female employee during parental leave and during 26 weeks thereafter: it is prohibited for the employer to dismiss them. However, this prohibition is not absolute: the dismissal will be lawful if the employer proves that he/she terminated the employee's employment on account of a redundancy situation of such nature that there was no prospect of the employer being able to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's parental leave.
    (See sec. 49-52 of the Parental Leave and Employment Protection Act 1987)


Ouganda - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • If so requested by the employee, the reasons for termination may be indicated by the employer in the certificate of service which shall be delivered upon termination of the contract: art. 61 EA.

    In addition, according to art. 66 EA, the employer must conduct a preliminary hearing with the employee and another person of his or her choice before reaching a decision to dismiss that employee on the grounds of misconduct or poor performance. During, this hearing, the employer shall explain to the employee the reasons for which he or she is considering dismissing him or her.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • See art. 73 EA.
    A dismissal is unfair if
    1) it was made for prohibited reasons (see prohibited grounds) or
    2) it was not "just and equitable" for the employer to terminate the contract of the employee.
    In assessing whether termination was just and equitable, the labour officer shall consider: i) the code of discipline, ii) the procedure followed by the employer in reaching the decision, iii) the conduct and capability of the employee, iv) compliance with the statutory procedural requirements, v) the previous practice of the employer in dealing with similar circumstances.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; participation à une grève légale; prendre légalement ses congés ; statut sérologique VIH
Remarks:
  • Art. 75 EA sets out a list of grounds which shall not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty.
    On the organisation of and/or participation in a strike or other form of industrial action, see art. 76 EA.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Remarks:
  • Limited protection consisting in mandatory prior consultation of the union branch before initiating disciplinary proceedings and penalties involving dismissal against an employee who is a union member: art. 1 Disciplinary rules, § (6) of the Disciplinary Code, schedule 1 of the EA.


Ouzbékistan - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • According to the Art. 100 LC the termination of the employment contract concluded for an indefinite period, as well as the termination of a fixed-term contract before its expiration by the employer must be justified.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • An employer is entitled to terminate an employment agreement with an employee only on the grounds provided in Article 100 LC, namely:
    - Changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company;
    - Inconsistent job performance due to insufficient qualifications or for health reasons;
    - Systematic violation by the employee of his or her labour duties;
    - A single gross violation by the employee of his or her labour duties;
    - Termination of an employment agreement with part time employees when they are replaced with full time employees;
    - Termination of an employment agreement with the management of an enterprise in connection with a change in ownership.


Motifs prohibés: race; sexe; religion ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; langue; propriété; antécédents judiciaires ou non révélation de ces antécédents
Remarks:
  • Art. 6 LC: Prohibition of discrimination in employment.
    Art. 25 LC: Additional employment guaranties for members of representative bodies.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Article 25 LC provides additional labor guarantees for workers’ representatives. They are protected from harassment by the employer in connection with their functions and activities. Imposture of disciplinary sanctions against workers’ representatives and the termination of labour relations with them at the initiative of the employer is prohibited without the prior consent of the local labor authorities.

    Art. 100.7 LC prohibits termination of a labor contract at the initiative of the employer during worker’s temporary incapacity to perform work and during leave from work, except cases of complete liquidation of the enterprise.

    Article 237 LC provides guarantees for pregnant women and women with children. Termination of an employment contract with pregnant women and women with children younger than three years old at the initiative of the employer is not allowed, except in cases of complete liquidation of the enterprise.


Panama - 2010    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 214 LC: The notice of dismissal shall be in writing and shall specify the date and the specific reasons for the dismissal or termination of the employment relationship. Any additional reasons subsequently alleged and differing from those set out in the said notice are invalid.


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • The LC recognizes numerous disciplinary, non-disciplinary (including capacity-based) and economic reasons that are considered valid grounds for the termination of employment at the initiative of the employer that are listed in art. 213 LC.


Motifs prohibés: grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales ; handicap; participation à une grève légale; naissance
Remarks:
  • No general prohibition of discrimination in the LC.
    However, the Act No 11 of 22 April 2005 prohibits discrimination in employment based on race, birth, disability, sex, social condition, political ideas. See also art. 19 of the Constitution.
    In the LC, dismissals based on trade union activities, participation to a strike, filing a complaint against the employer are considered "unfair practices against trade unionism and the worker's rights" (práctica desleales en contra del sindicalismo y de los derechos del trabajador) in art. 388 2), 3), 7).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • - On trade union protection (fuero sindical), see art. 381 -387 LC. The special protection applies to the following workers: the members of trade unions, where the unions are being established; the members of the executive committees of workers', trade unions' federations, confederations or central congresses, up to a maximum of 11 members, substitute members of the executive committee.
    Art. 384 of the LC establishes a series of rules applicable to the duration of trade union immunity:
    * for the members of trade unions in the course of formation: for three months following the date on which such association's registration is authorized;
    * for titular and substitute members of executive committees (the latter if they enjoy trade union immunity) and trade union representatives: for one year running from the date on which they cease to hold office;
    The protection of trade union immunity commences on the date on which the worker's name appears on the list of candidates for election, on condition that such list is communicated to the employer or to the Inspectorate of Labour, and provided that such protection does not cover a period of more than one month before the actual date of the elections. Elected candidates continue to enjoy trade union immunity even before they take office, and unsuccessful candidates are to continue to enjoy such protection for the entire month following the date of the election returns. If the communication referred to above is not made, immunity should be afforded to members of the executive committee and trade union representatives as from the date of their election.

    - Maternity protection: see art. 106 LC.
    An expectant mother may be dismissed only for valid reasons and with prior authorization of the judicial authorities. An expectant mother who receives notice of dismissal or of unilateral termination of her employment which has not been authorized by the competent labour court must submit to the employer or to any labour authority a medical certificate of her pregnancy within the 20 days of receipt of such notice of dismissal. On completion of this formality the employee is entitled to immediate reinstatement in her employment plus payment in full of her remuneration as from the date of the dismissal. If she allows the said 20-day period to expire without taking any action, she may submit the certificate and claim reinstatement at any time during the following three months, but in this case she is entitled only to back payment of her remuneration as from the date on which she submits the certificate. If the employer refuses to reinstate her, she may sue in the ordinary way for a reinstatement order.


Pays-Bas - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 7:676 (2), 7:671a (6) CC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Under Dutch law, t4 categories of dismissal are established:
    1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
    2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
    3) Termination for “urgent causes”.
    4) Termination by mutual consent.

    1) Dismissal via prior authorization from the UWV WERKbedrijf, Art. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in Art. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see Art. 7:670 1) a) CC).
    Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, Art. 7:671a (2) CC.
    Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see Art. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
    A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), Art. 7:671b (1) (b) CC.

    2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in Art. 7:669 (3) (c) – (h) CC (see Art. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in Art. 2-8 of the DR)

    3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, Art. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in Art. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

    4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, Art. 7:670a (2) and (5), 7:671 (2) CC.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; sexe; orientation sexuelle ; religion ; opinion politique ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; dénoncer des violations
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2015): Art. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), Art. 1 and 4 b).
    - Art. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): Art. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (Art. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (Art. 7:670a CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (Art.7:670 (2) CC) or when the employee is taking adoption leave (Art. 7:670 (7) CC).;
    3) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
    4) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (Art. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (Art.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (Art. 670 (3) CC);
    3) to a member of a works council or any of its committees (Art. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, Art. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, Art. 7:671b (6) CC.;
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, Art. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarques
Under Dutch law, an employer who intends to dismiss an employee must, based on the nature of the dismissal (economic or due to the worker’s conduct or capacity), either refer to:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf (in case of economic dismissals or dismissals due to long-time sicknesses), or
2) judicial rescission of the contract (in case of the other types of dismissals).
In addition, summary dismissal is permitted provided there is an "urgent cause".

Philippines - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 277 b) LC: The employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of a representative.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • In the Philippines, the employee has "the right to security of tenure" (art. 13 (3) of the Constitution and art. 279 LC). This means that an employee can only be dismissed for a just cause or an authorized cause and after the observance of the procedure laid down by the law (Omnibus Implementing Rules, Rule XIV, sec. 1)
    - Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
    - Authorized causes are of two types: economic reasons and disease (art. 283 and 284 LC).
    *Economic reasons cover "installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking".
    *Disease cover situation where an "employee has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; affiliation et activités syndicales ; handicap; statut sérologique VIH
Remarks:
  • Art. 135 LC (sexual discrimination), Art. 136 LC (stipulation against marriage), art. 137 LC (prohibited acts)
    Art. 248 a), b) e) f) (unfair labour practices)
    Art. 35 of the Philippine AIDS Prevention and Control Act of 1998 (No. 8504)
    Sec. 32 g) of the Republic Act No. 7277 providing Magna Carta for Disabled Persons.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 137 (2) LC: It is prohibited to dismiss a woman while on leave or in confinement due to her pregnancy.
    There is no general prohibition to dismiss a woman during her pregnancy, however pregnancy shall not be a ground for dismissal.


Portugal - 2014    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Communication of the reasons for dismissal is always required.
    - For disciplinary dismissals:
    Disciplinary dismissals are always preceded by a formal disciplinary process. The employer is first required to provide the employee, with copy to the works council, a written statement detailing the reasons for dismissal based on specific facts (statement of guilt - "nota de culpa") and the employee must be given an opportunity to respond to the allegations. (art. 353 LC) Once the disciplinary process is concluded, the employer must notify in writing his/her final decision to dismissal which shall set out the reasons for the dismissal. (art. 357, 4), 5) LC).

    - Dismissal for unsuitability:
    The dismissal decision which is communicated to the worker, with a copy to the works council must indicate the reasons justifying the dismissal (art. 376(1) a) LC).

    - Dismissal based on the extinction of the position (individual redundancy):
    The dismissal decision which is communicated to the worker, with a copy to the works council must indicate the reasons justifying the dismissal (art. 369 (1) a) LC).

    For collective dismissals, the reasons for the dismissal shall be first given to the worker's representatives through the information and consultation procedures (art. with the worker's representatives (art. 360 LC). The final decision is communicated to each employee and must clearly state the reasons for the dismissal (art. 363 LC)


Motifs autorisés (licenciement justifié) : capacité du travailleur; motifs économiques; conduite du travailleur
NOTE: This information has changed since the previous period covered.
Remarks:
  • The right to job security and the prohibition of dismissal without a fair reason is embodied in the Portuguese Constitution. Article 53 of the Constitution provides that:
    "Workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited."

    The LC allows for termination of employment at the initiative of the employer for subjective reasons attributable to the employee (conduct-based motives constituting a "just cause") or for objective reasons, related to the employee (unsuitability) or not (economic reasons: collective dismissal or elimination of the position).

    1) Disciplinary dismissals (just cause dismissal):

    A just cause is defined as a wrongful conduct of the employee that in light of its seriousness and of its consequences makes it immediately and practically impossible for the employment relationship to continue.
    The LC provides a non-exhaustive list of behaviours or acts that may constitute just cause for a dismissal including wilful disobedience to orders, breach of other employee's rights and guarantees, repeated provocation of conflicts with other employees, causing serious damages to the pecuniary interests of the company, persistent non-compliance with the due diligence obligation in performing the work, making false statements to justify absences, unjustified absence for 5 (consecutive) or ten (non-consecutive) days in a calendar year, failure to comply with the health and safety rules, unusual reduction of productivity...(art. 351 LC)

    2) Dismissal for unsuitability:

    It is possible to dismiss an employee on the ground of unsuitability for the position.

    A) Unsuitability occurs in the following situations:
    - continued reduction in the employee's productivity or quality of work;
    - repeated damages to the equipment allocated to the job;
    - risks for the employee's own health and safety or to that of third parties.

    In addition, the following requirements must be fulfilled:
    a) there has been changes in the workplace resulting from the introduction of new technologies or equipment in the six months preceding the beginning of the dismissal procedure.
    b)the worker must have been given adequate training to adjust to the changes introduced and,
    c) the worker must have been given an adaptation period of at least 30 days whenever the position involves health and safety risks and,
    d)there is no other position available in the enterprise compatible with the "professional category of the worker" (as from 2104: the original wording referred to the "worker's qualification" (see below).

    NEW in 2014 : Under Law 23/2012 requirement under letter d) was eliminated. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of the requirement under letter d) unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 reintroduced the requirement under letter d) (amended as explained above).


    B) In addition, unsuitability occurs in the context of complex, technical or managerial positions when the employee fails to reach the objectives previously agreed and it is practically impossible for the employment relationship to continue. In such case, changes to worker's positions resulting from the introduction of new technologies or equipment or modifications in the manufacturing or marketing process are also required. It is also compulsory that the situation of unsuitability is not caused by the lack of safety and health conditions at work attributable to the employer (art. 374(2) and 375(1) LC).

    3) Economic dismissals:

    The LC also allows dismissals for economic reasons. Depending on the number of employees concerned, a distinction is made between collective dismissals and dismissals based on the elimination of the position. Both types of dismissal are allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

    NEW in 2014 :
    Under the original version of the LC, art 368 (2) provided for a list of criteria to be followed to select the employee to be made redundant when more employees with the same post where present in the section; these were: 1) shorter length of service in the same post; 2) shorter length of service in the occupational category; 3) lower rank class of the occupational category, 4) shorter length of service in the enterprise. Law 23/2012 eliminated this list so that criteria could be set out by the employer provided that they were relevant and non-discriminatory. The judgment of the Constitutional Court no. 602/13 of 23 September 2013, declared elimination of list unconstitutional. As a consequence, Law 27/2014 of 8 May 2014 introduced an amended list of criteria: 1) lower level of performance, pursuant to criteria pre-disclosed to the employee; 2) lower academic and professional qualifications;3) Higher cost of keeping the employment relationship in place; lower work experience in the post; lower length of service.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; sexe; orientation sexuelle ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; langue; congé parental; naissance; information génétique; origine ethnique
Remarks:
  • There is a general principle of non-discrimination in the LC. According to this principle, any employer is prohibited from discriminating any employee or applicant, directly or indirectly, on the basis of extraction, age, sex, sexual orientation, marital status, family condition, economic situation, education, social condition or origin, genetic information, reduced capacity for work, disability, chronic illness, nationality, ethnic origin, race, territory of origin, language, religion, political opinion or ideological opinions and trade union affiliation (art. 24 and 25 LC).

    In addition, the LC specifically prohibits dismissals based on political, ideological, ethnic or religious grounds, even when the employer invokes a different reason (art. 381(a) LC).
    Lastly, the dismissal of a pregnant employee, an employee who have recently given birth or is breastfeeding or during parental leave is unlawful if the prior opinion of the competent administrative body is not requested (art. 381 d) LC).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • - Pregnant women/ women on maternity leave and workers with family responsibilities:
    There is no prohibition of dismissal during pregnancy or maternity leave. However, according to article 63 LC, any dismissal of a pregnant employee, an employee who recently gave birth or is breastfeeding or any employee (male and female) on parental leave requires the prior favourable opinion of the competent authority (Commission for Equality in Labour and Employment (CITE)).
    Any disciplinary dismissal of those employees is always presumed to have been done without a just cause.
    The CITE shall issue its opinion within 30 days.
    If the opinion is unfavourable, the employer cannot dismiss the employee without having obtained a court decision recognizing the existence of a justified reason. In such cases, the burden of the proof lies on the employer. If a dismissal is declared unlawful by the courts the employer cannot oppose the reinstatement of the employee. As an alternative to reinstatement the employee is entitled to compensation.
    (Note also that under Article 381 of the Labour Code, failure by the employer to ask for a prior formal opinion from this authority is in itself a ground of unlawfulness.)

    - Workers' representatives:
    The LC prohibits the dismissal of workers' representatives on the grounds of their participation in collective representation structure or trade-union affiliation or non-affiliation (art. 406) and provides them with special protection in case of disciplinary action or dismissal (art. 410). In particular, the dismissal of a candidate for a trade union body or the Works Council or employees who are, or have been, members of such bodies within the last three years is always presumed to have been done without a just cause (art. 420-3 LC).
    If the employer cannot prove that the disciplinary of dismissal was justified by a just cause, the workers' representative has the right to choose between reinstatement or compensation higher than the standard one (art. 410-6). The court proceedings for challenging such dismissals are of an urgent nature (art. 410-5).


Roumanie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • - Dismissal related to the employee's (subjective reasons):
    the decision shall be issued in writing and shall specify the grounds for dismissal (art. 62 LC).
    - Dismissal not related to the employees' person (objective reasons): obligation to indicate the reason leading to the dismissal in the dismissal decision: art. 72 LC (former art. 74).


Motifs autorisés (licenciement justifié) : capacité du travailleur; motifs économiques; conduite du travailleur
Remarks:
  • - Under the LC, a dismissal may be ordered for reasons related to the person of the employee or for reasons not related to the employee (art. 58(2) LC).
    - Art. 61 LC provides for an exhaustive list of valid reasons which related to the person of the employee (subjective reasons). These are: serious or repeated disciplinary offences, preventive custody for more than 30 days, established physical or mental incapacity, professional inadequacy, meeting of retirement conditions and not applying for it .
    - Art. 65 LC allows terminations of an individual employment contract caused by the suppression of the employee's positions, for one or several reasons not connected to employee's person as long as the elimination of the employee's position is effective and has a real and serious cause.
    Such dismissals are either individual or collective.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; accomplissement du service militaire ou civil ; congé parental; participation à une grève légale; information génétique; origine ethnique
Remarks:
  • - Art. 59 LC prohibits dismissal on the following grounds:
    a) criteria such as gender, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political option, social origin, disability, family status or responsibility, trade union membership or activity;
    b) the exercise, under the terms of the law, of their right to strike and trade union rights.

    In addition, art. 60 LC prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - for the duration of the quarantine leave;
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the compulsory military service;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    This prohibition does not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Art. 60 LC, as amended March 2011 prohibits the employer from dismissing an employee in the following cases:
    - for the duration of a temporary disability (i.e illness), as certified by a medical certificate;
    - during the suspension of work activity following the lay of quarantine (as modified by Act No. 40/2111);
    - during the pregnancy of an employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
    - during the maternity leave;
    - during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
    - during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
    - during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
    - during the annual leave.
    [Act No. 40/2011 removed from art. 60(1) LC the prohibition of dismissal during the compulsory military service]
    These prohibitions do not apply in case of redundancies for reasons that result from the employer's re-organisation, bankruptcy or winding up according to law. (art. 60(2) LC, as amended by Act No. 40/2011)
    The prohibition of dismissal concerning employee's representatives is further specified in arts. 220(2) and 226 LC. According to these provisions, the representatives elected in the trade union management bodies may not be dismissed during their term of office and two years after its end, for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization (art. 226) LC)
    The same prohibition applies to the employees' representatives during their entire mandate period (art. 226 LC)


Royaume-Uni - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 92 ERA as amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012): Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least two years [New as of 6 April 2012: previously 1 year].
    However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • There are six potentially fair reasons for dismissal under section 98 of the ERA:
    - the employee's capability or qualifications for performing work of the kind he or she was employed to do;
    - the employee's conduct;
    - the employee's retirement;
    - the employee's redundancy;
    - the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
    - "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; affiliation et activités syndicales ; handicap; congé parental; dénoncer des violations; congé d'adoption ; soulever des questions de santé et sécurité au travail; participation à un jury populaire; antécédents judiciaires ou non révélation de ces antécédents; origine ethnique
Remarks:
  • A dismissal is also automatically unfair if the principal reason for it involves:
    * leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
    * employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
    * bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
    * race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
    * sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
    * disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
    * age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
    * religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
    * sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
    * safety representatives raising health and safety concerns: sec. 100, ERA;
    * jury service: sec. 98B ERA;
    * New in 2010: a prohibited blacklist of trade union members in certain circumstances (sec. 104E ERA, as inserted by Regulation 12 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.

    In addition, a dismissal is also automatically unfair if the principal reason for it involves:
    - unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
    - industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
    - shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
    - trustees of occupational pension schemes (sec. 102, ERA).


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé
Remarks:
  • No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.


Russie, Fédération de - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Article 81 of the Labour Code


Motifs autorisés (licenciement justifié) : motifs économiques; conduite du travailleur; capacité du travailleur
Remarks:
  • Article 81 of the Labour Code


Motifs prohibés: état matrimonial; grossesse ; race; couleur; sexe; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; statut financier ; langue; origine ethnique
Remarks:
  • Article 3 of the Labour Code prohibits discrimination at work on several grounds.
    Article 261 of the Labour Code prohibits to dismiss a pregnant worker and provides some protection against dismissals to women workers with children.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs mineurs
Remarks:
  • Article 261 of the Labour Code prohibits to dismiss a pregnant worker except in the event of enterprise liquidation. It also prohibits the dismissal of women with children under three years old, single mother raising a child under fourteen years old (disabled child under eighteen), workers raising those children without a mother except on certain limited grounds ( liquidation and grounds related to the misconduct of the worker).

    Except in the event of enterprise liquidation, workers under 18 can only be dismissed with the authorization of the Labour Inspectorate and the Commission for the rights of minors (art. 269 of the Labour Code).

    Articles 374-376 LC elaborate on the procedure on how to dismiss elected workers’ representatives and provide additional guarantees to them.



Rwanda - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


République Tchèque - 2010    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Sec. 50 (4) LC


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Sec. 52 LC provides for a list of valid reasons for dismissal that relate to the worker's conduct, the worker's capacity, or economic reasons.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; langue; propriété; naissance; état de santé ; origine ethnique
Remarks:
  • No list of prohibited grounds in the LC but a general prohibition of "any form of discrimination in labour relations" (sec. 16(2) LC).
    There is however an express reference to non discrimination for "claiming rights ensuing from the labour relations in a lawful manner" (Sec. 14(2) LC)
    A list of prohibited grounds with relation to discrimination in labour relations is provided in sec. 4 (2) of the Employment Act (2004).

    Note that the adoption of an Anti-discrimination Act has been discussed at the Parliament but no agreement has been reached so far (2009).


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs effectuant leur service militaire/service alternatif; travailleurs exerçant un mandat électif ou une fonction politique
Remarks:
  • Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
    * pregnancy
    * maternity and parental leave
    * recognized temporary inability to work due to illness or injury
    * military obligations
    * unpaid leave to exercise of a public office
    * night workers temporary unfit
    Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
    Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.


République arabe syrienne - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • According to art. 56 LL, either party may terminate the unspecified-term contract provided they send the other party prior written notice of termination.
    However, this does not result in a total freedom of the employer to terminate the contract.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; race; couleur; sexe; religion ; opinion politique ; nationalité/origine nationale ; affiliation et activités syndicales ; origine ethnique
Remarks:
  • Article 67(a) LL.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 57(a) LL provides that "no notice of termination shall be served upon female workers while on maternity leave, or upon workers while on leave. The notice period shall be calculated starting the day after the end of the leave or maternity leave."
    See also article 122 LL: No employer may dismiss a female worker or terminate her contract while on maternity leave.


République centrafricaine - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No such obligation expressly provided in the LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 144 LC: Any dismissal based on motives which are not real and justified ("réels et fondés") are null.
    Art. 152 LC: Dismissals carried out without a legitimate motive ("motif légitime") as well as dismissals based on the worker's opinions, his or her trade union activities or membership to a trade union are unfair ("abusifs").
    Art. 142 LC: Employees can be dismissed on economic or personal grounds (physical or professional incapacity or misconduct).


Motifs prohibés: congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; religion ; opinion politique ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; participation à une grève légale; statut sérologique VIH
Remarks:
  • - No worker can be punished or be otherwise prejudiced in his/her career on the grounds his or her opinions as to politics, political, trade-unions or religion (Art. 9 LC).
    In addition constitute an unfair dismissal ("licenciement abusif"), any dismissal based on the employee's opinion, trade union activities and trade union membership or non-membership (Art. 152 LC).
    - It is not permitted to dismiss an employee on maternity leave (Art. 253 LC)
    - Any discrimination in employment on the basis of physical or mental disability is prohibited (Art. 266 LC).
    - Any dismissal based on the HIV/AIDS status of the employee is null and gives right to compensation (Art. 315 LC)
    - Dismissal based on the worker's participation in a lawful strike is void (Art. 378 LC).
    - On filing a complaint or participation in proceedings against the employer, see Art. 152 LC
    - Note that according to Art. 10 LC "the law ensures equal opportunities for everyone in employment without discrimination of any kind".

    In addition the LC provides that the employment contract is suspended in certain circumstances, such as:
    - the enterprise is temporarily closed down because the employer is performing compulsory military duties;
    - the worker is performing compulsory military duties;
    - absence of the employee as a consequence of a professional injury of disease;
    - absence of the worker not exceeding 6 months in the event of non-professional injury or disease.;
    - absence during maternity leave;
    - absence due to police custody or pre-trial detention;
    - the worker is absent because he or she is exercising a political mandate (Art. 133 LC).

    According to Art. 152 LC pertaining to "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail; travailleurs exerçant un mandat électif ou une fonction politique
Remarks:
  • Art. 89 LC: Any dismissal of a workers' representative is subject to prior approval by the Labour Inspector.
    Art. 253 LC: An employee on maternity leave cannot be dismissed.

    The LC provides that the employment contract is suspended in certain circumstances, such as:
    - the enterprise is temporarily closed down because the employer is performing compulsory military duties;
    - the worker is performing compulsory military duties;
    - absence of the employee as a consequence of a professional injury of disease.
    - absence of the worker not exceeding 6 months in the event of non-professional injury or disease.
    - absence during maternity leave
    - absence due to police custody or pre-trial detention
    - the worker is absent because he or she is holding an elected position or discharging a public function (art.133 LC).
    According to art. 152 LC, on "abusive terminations", it is unfair for the employer to refuse to reintegrate the employee upon the expiry of the suspension period.


Sainte-Lucie - 2011    

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Obligation d'informer le travailleur des raisons du licenciement : Non

Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • Either party may terminate the employment contract with notice. No grounds are required for dismissal with notice of a contract for an indefinite period (sec. 6(3) CSA).
    However, according to sec. 7(1) CSA, an employer may dismiss an employee, without giving due notice, in the
    following circumstances:
    (a) where an employee is guilty of misconduct, whether in the course of their duties or not, inconsistent with the fulfilment of the conditions of the contract of service;
    (b) for wilful disobedience of lawful orders given by the employer;
    (c) for repeated substantial neglect of their duties;
    (d) for absence from work without the permission of the employer or without reasonable excuse;
    (e) for lack of skill which the employee had assured the employer of possessing;
    (f) abandonment of employment by the employee;
    (g) by agreement, in writing, between the parties;
    (h) by expiry of the term of the contract of service.

    In addition, art. 10 CSA provides for the employee's right to severance pay in the event of termination of employment for economic reasons (i.e business closure or restructuration, change of ownership)


Motifs prohibés: état matrimonial; grossesse ; responsabilités familiales; avoir déposé une plainte contre l'employeur; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; dénoncer des violations; origine ethnique
Remarks:
  • * Except for trade union membership and activities, all those grounds are listed in the Equality of Opportunity and Treatment in Employment and Occupation Act as prohibited grounds of discrimination (sec. 3(2)). Dismissal on those grounds is prohibited under sec. 4(3)(e) of that Act.
    The Act also make it an offence to commit an act of victimisation against a person because that person
    - has made (or proposes to make) a complaint or brought proceedings under this Act,
    - has furnished information or testified before any person performing any power under this Act or proposes to do so;
    - has made in good faith, allegation that a person has committed an unlawful act of discrimination (sec. 20(2) EOTEOA).
    * Dismissal or any discriminatory acts on the grounds of trade union membership or activities is prohibited under the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act. (sec. 5(1) TUEOA)


Travailleurs bénéficiant d'une protection particulière: aucun groupe protégé

Serbie - 2017    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 180 LL.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 179 refers to "a just cause relating to his/her working ability, behavior and employer's need" and provides an exhaustive list of 9 instances when termination of employment by the employer is authorized.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; accomplissement du service militaire ou civil ; langue; congé parental; état de santé
Remarks:
  • Art. 18 LL: general provision on non discrimination.
    Art. 183 LL: list of prohibited grounds for dismissal.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales
Remarks:
  • * Workers' representatives: art. 188 LL: no dismissal during the term of office.
    * No dismissal during pregnancy, maternity leave, absence for childcare or special care of the child: art. 187 LL.


Singapour - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The EA does not require the employer to provide the reasons for termination with notice: Sec. 10 (1) EA provides that either party may at any time give to the other party notice of his intention to terminate the contract.

    In addition, the EA does not expressly stipulate any obligation to provide the reasons when dismissing without notice (on the grounds of misconduct: sec. 14 EA), for continuous absence from work (sec. 13 (2)), or willful breach of a condition of the contract (sec. 11 (2) EA).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - No valid grounds are listed for termination with notice.
    According to sec. 10 (1) EA, either party to a contract of employment may at any time give to the other party notice of his/her intention to terminate the contract of employment.
    This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    For summary dismissal, specific grounds are listed:
    See sec. 13 (2) EA (summary dismissal for unjustified absence from work) and sec. 14 EA (summary dismissal for misconduct).
    Sec. 14 (2) EA provides that dismissal on the grounds of misconduct shall be based on a just cause or excuse.

    Economic reasons: not listed as such as a valid ground for dismissal. They are mentioned in two provisions related to benefits arising from "dismissal on the grounds of redundancy or by reason of any reorganization of the employer's profession, business, trade or work": see sec. 45 EA (payment of retrenchment benefit) and 84A EA (maternity and right to benefit in case of dismissal for economic reasons).


Motifs prohibés: grossesse ; congé de matérnité; âge ; affiliation et activités syndicales
Remarks:
  • * Age: sec. 4 (2) of Retirement Age Act 1993 (No. 14 of 1993) as amended by Act No. 49 of 1998 stipulates that "no employer shall dismiss on the ground of age any employee who is below 60 years of age or the prescribed retirement age".
    * Pregnancy and maternity leave: sec. 81, 84 and 84 EA.
    * Trade union activities: sec. 82 of the Industrial Relations Act (chap. 136) of 1960 as subsequently amended.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • See sec. 81, 84 and 84A EA.


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

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

Slovaquie - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 61(2) LC: "An employer may only give notice to an employee for reasons expressly stipulated in this Act. The reason for giving notice must be defined in the notice in terms of fact such that it may not be confused with a different reason, or the notice shall otherwise be deemed invalid. The reason for giving notice may not be subsequently amended".


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
NOTE: This information has changed since the previous period covered.
Remarks:
  • In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added (sec. 63 LC).
    Those grounds can be divided into 1) economic reasons, 2) reasons related to the individual worker (disciplinary reasons, physical incapacity, poor performance...)

    Sec. 63(1) LC, as amended by Act No. 257/2011 reads as follows:
    An employer may give notice to an employee only for the following reasons:
    a) if the employer or part thereof ceases its operations or is relocated;
    b) if an employee becomes redundant by virtue of a written decision of the employer or a competent body on changes in duties, technical equipment, reduction in the number of employees with the aim of securing [new in Sept. 2011: previously "increasing"] work efficiency, or on other organizational changes;
    c) a medical opinion states that the employee's health condition has caused a long term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work due to an occupational disease or danger of such disease, or if the maximum permitted level of exposure has been reached at in the workplace, as determined by a decision of a competent public health body;
    d) The employee
    1. fails to meet the requirements set out by legal regulations for the performance of the agreed work,
    2. ceases to fulfil the requirements pursuant to § 42 paragraph (2),
    3. fails to fulfil the requirements for the proper performance of the agreed work determined by the employer in internal regulations, through no fault of the employer, or
    4. does not satisfactorily fulfill the working tasks, and the employer has in the preceding two months [new in Sept. 2011: previously "six months"], requested him in writing to rectify the poor performance, but the employee failed to do so within a reasonable period of time,
    e) there are reasons on the part of the employee for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less severe breaches of labour discipline; employment may be terminated with notice if, with respect to breach of labour discipline, only if the employee has been notified in writing in the preceding six months of the possibility to be dismissed.

    The LC also provides that, the employer (except in certain cases) can only carry out a dismissal when:
    a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, in the place which was agreed as the place of work performance,
    b) the employee is not willing to shift to other suitable work offered to him/her by the employer at the place of work or undertake the necessary training for this other work (sec. 63(2) LC).
    This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
    [New as of Sept. 2011 introduction of the possibility to regulate or exclude by way of collective agreement the above mentioned employer' obligations contained in sec. 63(2) LC (sec. 63(3) LC)]

    Reasons justifying immediate termination are final conviction of an willful criminal offence and gross violation of labour discipline (see sec. 68 LC)


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; langue; propriété; état de santé ; remplir des obligations civiques; information génétique; origine ethnique
NOTE: This information has changed since the previous period covered.
Remarks:
  • On the general prohibition of discrimination, see sec. 13 LC which refers to the principle of Equal Treatment contained in the Act No. 365/2004 Coll. of 20 May 2004 (Amended in 2007 and 2008) on Equal Treatment in Certain Areas and Protection against Discrimination. This Act prohibits discrimination in employment relations (including dismissal) on grounds of sex (which includes pregnancy, motherhood, sex or gender identification), religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital or family status, colour, language, political affiliation or other conviction, national or social origin, property, lineage or any other status. (See sec. 6 read together with sec. 2 and 2 a) of the Act).
    Note, that until April 2011, that the list of prohibited grounds contained in the Labour Code (sec. 13(2)) was much more restrictive than that of the Act 365/2004. New as of 1 April 2011: An amendment to the Labour Code, Act. No 48/2011 of 8 february 2011, effective as of 1 April 2011 brought the list of prohibited grounds of discrimination of the Labour Code in line with the Anti-Discrimination Act while adding additional grounds in the LC. As a result, sec. 13(2) LC now expressly prohibits discrimination based on sexual orientation, disability and ethnic origin. Two new grounds, which were not included in the Anti Discrimination Act have also been introduced in the LC (sec. 13(2) and art. 1 of the Fundamental Principles, namely: Unfavourable state of health and genetic features".

    "Filing a complaint against the employer is included in sec. 13(3) LC which stipulates that "in the workplace, nobody may be persecuted or otherwise sanctioned in the performance of labour-law relations for submitting a complaint (...) against another employee or the employer."

    In addition, sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
    - at a time when the employee is declared temporarily incapable for work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic, and within the period from submission of a proposal for institutional care or from entry into spa treatment up to the day of termination thereof,
    - in case of conscription of the employee to perform extraordinary service in time of crisis, or in case of performance of alternative service,
    - during the entire period of pregnancy, maternity leave, parental leave or in case a single-parent (male and female) takes care of a child under the age of three,
    - during the leave granted for the performance of a public office,
    - at a time an employee is on the basis of a medical opinion, certified as temporarily unfit for night work.
    However, this prohibition of notice does not apply to cases of termination:
    * for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
    * for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
    * in the event of cessation of activities or relocation of the employer's business,
    * if the employee has lost by his/her own fault the preconditions for the performance of the agreed work pursuant to a special law.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs avec une invalidité consolidée; travailleurs handicapés; travailleurs effectuant leur service militaire/service alternatif; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail; travailleurs exerçant un mandat électif ou une fonction politique
NOTE: This information has changed since the previous period covered.
Remarks:
  • Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

    1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
    - at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
    - in case of conscription of the employee to perform extraordinary service in time of crisis,
    - during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
    - during the leave granted for the performance of a public office,
    - at a time an employee is declared temporarily incapable of performing night work.
    However, this prohibition of notice does not apply to cases of termination:
    * for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
    * for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
    * in the event of cessation of activities or relocation of the employer's business.

    New in Sept. 2011: The LC, as modified by Act No. 257/2011 now grants a special against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

    2) Specific requirements:
    - Prior authorization:
    * Employee's representatives:
    According to See also sec. 240(7) LC, as amended by Act 257/2011 Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for six months after its termination [reduced by Act 257/2011 - previously 1 year], shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires the prior consent of these employees' representatives.
    *Disabled workers:
    Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.
    - Severance pay [See below under severance pay - the rules have been substantially modified by Act 257/2011]:
    There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following situation:
    * Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC, as amended by Act 257/2011.).
    * With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, as amended by Act 257/2011, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.


Slovénie - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 86 (2) ERA: the notice of termination shall state the reason for termination and explain it in writing.
    Art. 88 (2) ERA: Reasons behind ordinary termination must be serious and substantiated.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 88 (1) ERA : list of reasons for ordinary termination.

    NB: The ERA distinguishes between "ordinary" and "extra-ordinary" termination.
    Ordinary termination shall be justified by one of the listed reasons related to the worker's conduct, capacity and economic reasons.
    Extra-ordination termination is in allowed in exceptional cases of severe violations of the employee's obligations exhaustively listed in art. 110 ERA (i.e criminal offence, gross negligence, absence due to imprisonment). No notice period is required in such cases. Specific rules relating to extra-ordinary dismissals are contained in art. 110-11 ERA and will not be further developed here.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; statut financier ; congé parental; participation à une grève légale; état de santé ; origine ethnique
Remarks:
  • Art. 89 ERA lists unfounded reasons for termination.
    See also art. 81 ERA together with art. 6 ERA that list prohibited grounds for discrimination.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs avec une invalidité consolidée; travailleurs seniors/à la veille de la retraite; travailleurs handicapés; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • * Worker's representatives and trade union representatives: No dismissal without the prior consent of the body whose member they are (art. 113 ERA).
    * Older workers (over 55 years old): No dismissal for economic reasons without the consent of the worker until he fulfills the minimum conditions for acquiring the right to an old-age pension (art. 114 ERA). The 2007 amendment foresees the possibility for the employer to offer a new adequate employment in line with art. 88 of the ERA.

    * Workers with family responsibilities and pregnant women:
    Prohibition of dismissal during pregnancy, period of breastfeeding and parental leave (art. 115 ERA).

    * Workers with disabilities and workers absent due to illness or injury: art. 116 (1) and (2) ERA)


Sri Lanka - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The TEWA does not expressly require the employer to inform the employees of the reasons for dismissal except for disciplinary dismissal (art. 2(5) TEWA)
    However, any dismissal of a worker covered by the TEWA which is not a disciplinary dismissal cannot take place without
    * the prior consent in writing of the worker; or
    * the prior written approval of the Commissioner (art. 2(1) TEWA).
    It might be that the employer shall be requested to inform the Commissioner of the reasons for dismissal when requesting approval. Sec. 13 provides that the Commissioner might direct the employer to furnish any information or explanation.
    Note also that the employee shall also be afforded the opportunity to be heard during the approval process.


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • Except for the reference to "termination by reason of punishment imposed by way of disciplinary action" (sec. 2(4) TEWA), the TEWA does not specify any valid grounds for dismissal.
    The employer cannot dismiss an employee other than for disciplinary reasons without:
    * the prior consent in writing of the worker; or
    * the prior written approval of the Commissioner which exercises an absolute discretion in granting or refusing approval (art. 2(1) TEWA).


    The IDA defines retrenchment as termination by an employer of the services of a worker or workers on the ground that they are in excess of the number of workers required by such employer to carry on his/her industry (sec. 48 IDA)


Motifs prohibés: grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; religion ; origine sociale ; affiliation et activités syndicales ; langue; naissance
Remarks:
  • * See sec. 32A IDA on unfair labour practices:
    - dismissal by reason of trade union membership and activities (sec. 32A b))
    - dismissal of any workman or office-bearer of a trade union -
    (i) for any statement made before a tribunal or person in authority; or
    (ii) for any statement regarding acts or omissions of the employer relating to the terms and conditions of employment, of the members of such trade union made by such workman or office-bearer, in pursuance of an industrial dispute for the purpose of securing redress or amelioration of working conditions of such members" (sec. 32A b))
    * Sec. 40 IDA makes it an offence to dismiss a worker because he/she has become entitled to the benefit of any collective agreement, award or order (sec. 40(1)(k), IDA), or because the worker takes part in any proceedings against the employer, either as a witness or party (secs. 40(1)(j) and (p), IDA).
    * In addition, under the Maternity Benefits Ordinance (MBO), the employer shall not dismiss a woment during maternity leave nor can he or she dismisses a women by reason only of
    her pregnancy or confinement or of any illness resulting from her pregnancy or confinement. (sec. 10 and 10A MBO)

    * There is no legislation governing non-discrimination in employment in Sri Lanka. However, art. 12(2) of the Constitution provides that "No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds"
    Note that Sri Lanka ratified ILO Convention No. 111 (1958) on discrimination in employment in 1998.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Sec. 10 MBO: "When a woman worker absents herself from work in accordance with the provisions of this Ordinance (= maternity leave), it shall not be lawful for her employer to give her notice of dismissal during such absence or on such a day that the notice will expire during such absence."
    No specific protection for pregnant women and trade union members other than the prohibition to dismiss them only for reasons of pregnancy or trade union membership or activities (see prohibited grounds).


Suisse - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • The Swiss CO distinguishes between two categories of individual dismissals:
    1) Ordinary dismissal ("congé") by one of the party with a notice period:
    Written justification must be provided upon request by the other party (art. 335 CO).

    2) Termination by one one the party with immediate effect:
    Written justification must be provided upon request of the other party (art. 337 (1) CO).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • The employment contract can be terminated by either party provided that notice period requirements are complied with.
    No list of valid grounds is provided. However, this does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition, the CO states that dismissal ("congé") should not constitute an abuse of right (art. 336 CO).

    For Termination with immediate effect (no notice) fair reasons are requested. (art. 337 (1) CO)


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; exercice d'un droit; uniquement dans le but d'empêcher la naissance de prétentions juridiques résultant du contrat de travail; état de santé ; antécédents judiciaires ou non révélation de ces antécédents
Remarks:
  • Amongst those prohibited grounds, only "trade union activities", "performing Swiss military service or civil service", "exercise of a constitutional right" and "solely frustrate the formation of claims of the other party arising out of the employment relationship" are specifically mentioned in the CO in art. 336 (2) and 336 (1) e) CO on unfair dismissal.

    However, art. 336 (1) a) CO refers to "quality inherent to the personality of the other party, unless such quality relates to the employment relationship or significantly impairs cooperation within the enterprise".
    This should be read in the light of art. 8 of the Swiss Constitution that specifically establishes a general prohibition based in particular on grounds of origin, race, gender, age, language, way of life, religious, ideological, or political convictions or because of a physical, mental or psychological disability.

    See art. 336c (1) b) for temporary (work) injury or illness. Only additional safeguards (timeframe) during which dismissal is not possible are provided. This ground could constitute a cause for dismissal if it impairs cooperation within the enterprise.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs ayant une longue ancienneté
Remarks:
  • *No dismissal of pregnant women and women on maternity leave: art. 336c (1) c) CO
    * Workers with an important length of tenure: higher protection with respect to severance allowance: art. 339c CO.
    * Workers' representatives: constitutes an abusive termination the dismissal of an employee during the exercise of a mandate as employees' representative unless the employer demonstrates a justified motive for dismissal: art. 336 (2) b) CO.


Sénégal - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. L50 LC


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • - Art. L56 LC: any fair reason
    In addition there are some provisions on termination for economic reasons (Art. L60 LC) and summary dismissal for serious misconduct (art. L54LC).


Motifs prohibés: congé de matérnité; race; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales
Remarks:
  • Art. L56 LC and 7 of the Inter-occupational Collective Agreement on the prohibition of dismissal on the basis of trade union activities and membership, and on the basis of the opinions of the worker.
    Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
    Art. L1 (2) LC on the general prohibition of discrimination on the basis of origin, race, sex and religion.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité
Remarks:
  • Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
    Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)


Tadjikistan - 2015    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 46 of the LC states that the termination must be justified by the employer.


Motifs autorisés (licenciement justifié) : capacité du travailleur; conduite du travailleur; motifs économiques
Remarks:
  • Article 46. lists the following valid reasons for the termination of employment of a contract of an indefinite duration:

    1) liquidation of the organization; termination of the activities of the employer; downsizing or staff;
    2) a mismatch of the employee position or work because of poor training, or health status, which are preventing the continuation of this work;
    3) systematic failure of a culpable employee without good reason in the performance of job duties assigned to him/her by the labour agreement or by the internal labour regulations, if an employee previously employed disciplinary action;
    4) absenteeism (including the absence of more than three hours during the day) without a good reason;
    5) absence from work for more than four consecutive months due to temporary disability, not including maternity leave, unless the law is set longer-term preservation of jobs (positions) with a certain disease. For employees unable to work due to injury or occupational disease, work place (position) is maintained until rehabilitation or establishment of invalidity;
    6) coming to work drunk, of under drugs or toxic substances;
    7) committing theft in the workplace
    8) termination of employment contract (contract) with the part-taking in connection with another employee who is not a part-time, and because of restrictions on moonlighting;
    9) termination of employment contract (contract) with the head of the organization in connection with the change of ownership;
    10) single gross violation of labour law by heads the organization (separate its divisions) and their deputies;
    11) guilty of committing an employee, directly serving the financial and commodity values, actions, giving rise to loss of confidence in him by the employer;
    12) Commission employees who perform educational functions and who commuted an immoral act that is incompatible with the continuation of this work;
    13) violation of statutory procedures and rules for employment.
    Laws, statutes and regulations on discipline may also provide other additional grounds for termination of employment (contract) by the employer.
    Termination of the employment agreement (contract) on the grounds referred to in paragraph 1 (except when liquidation), in paragraph 2, paragraph 2 of Article 53 of the Labour Code will be permitted if the employer can not transfer the employee with his or her consent to another job.
    The termination of employment is not allowed during the period of temporary disability (other than dismissal under paragraph 5 of this article) and the period when the employee is on leave, except in cases of the liquidation of the organization, or the termination of the activities of the employer.


Motifs prohibés: grossesse ; race; couleur; sexe; religion ; opinion politique ; origine sociale ; âge ; lieu de résidence ; origine ethnique
Remarks:
  • Prohibited grounds are:ethnic origin, race, colour, sex, age, religion, political opinion, place of birth, national extraction or social origin, pregnant women and women with children under the age of three years, single mothers if they have a disabled child under sixteen years.

    Art. 7 LC - provision on non discrimination.
    Art.172 LC


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Art. 172 LC provides for a protection of the termination of employment for pregnant women and women with children under the age of three years, single mothers if they have a disabled child under sixteen years, except for cases of complete liquidation of the organization, when the termination of the employment contract (contract) is permitted ,however they should be assisted by the government agencies with finding a suitable work and employment.


Tanzanie, République Unie de - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Article 41(3) ELRA


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 37 ELRA: employees may not be dismissed unfairly by an employer. Termination of employment is unfair if the employer fails to prove that the reason for the termination is valid, that the reason is fair and that the employment was terminated in accordance with fair procedure. A 'fair' reason is one that is related to the employee's conduct, capacity or compatibility; or is based on the operational requirements of the employer.


Motifs prohibés: état matrimonial; grossesse ; responsabilités familiales; race; couleur; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; âge ; affiliation et activités syndicales ; handicap; exercice d'un droit; participation à une grève légale; dénoncer des violations; statut sérologique VIH ; lieu de résidence ; origine ethnique
Remarks:
  • Article 37(3) ELRA lists unfair grounds for dismissals: It is not seen to be fair to dismiss the employee if the employee discloses information that the employee is entitled to or required to disclose, fails or refuses to do anything that an employee may not lawfully permit or require the employee to do, exercises any right conferred by agreement, belongs to a trade union or participates in lawful activities of a trade union, including a lawful strike. It is also seen to be unfair to dismiss an employee for reasons related to pregnancy, disability or reasons that constitute discrimination under the Act.

    - Art. 7(4) ELRA prohibits discrimination against an employee in any employment policy or practice on any of the following grounds: colour; nationality, tribe or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/aids, age or station of life. Harassment of an employee is considered to be a form of discrimination.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité
Remarks:
  • Article 37(3)(b) ELRA: It is also seen to be unfair to dismiss an employee for reasons related to pregnancy.
    In addition art. 41(4) ELRA provides that notice of termination shall not be given " (a) during any period of leave taken under this Act; or (b) to run concurrently with any such period of leave". This includes maternity leave ( 84 days min,. see art. 33 ELRA).

    [See also art. 36 ELRA: failure to allow the employee to resume work after taking maternity leave granted under the ELRA or any agreed maternity leave is considered to be termination of employment, and therefore, if unilaterally decided by the employer, the fair reason requirement shall apply]


Thaïlande - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • No general obligation to inform the employee of the grounds of dismissal except in the event of an economic dismissal (art. 121 LPA) and of a summary dismissal for misconduct (art. 119 LPA, as amended by LPA-No2 of 2008 (art. 18))


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Either party may terminate an employment contract of indefinite duration provided that notice requirements (or pay in lieu of notice) are complied with (art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8)).
    - In addition, art. 121 LPA allows the employer to terminate the an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology thus making it necessary to reduce the number of employees. In such cases, specific notifications requirements apply (see below under "Procedural requirements for collective dismissals for economic reasons")
    - Lastly, the law authorizes disciplinary dismissals without notice. According to art. 583 CC, an employer may dismiss an employee who wilfully disobeys or habitually neglects the lawful commands of his or her employer; absents himself or herself from service; is guilty of gross misconduct; or otherwise acts in a manner incompatible with the due and faithful discharge of his or her duties.
    See also Art. 119 LPA, as amended by LPA-No2 of 2008 (art. 18)) which provides that severance pay is not due an employee whose dismissal arises because he or she:
    * has been dishonest on duty;
    * has deliberately committed a criminal offence against the employer; * has intentionally caused damage to the employer;
    * has violated working rules or lawful orders from the employer;
    * has been absent for three consecutive working days without justification;
    * has caused serious damage to the employer due to negligence; or
    * has been sentenced to imprisonment


Motifs prohibés: grossesse ; avoir déposé une plainte contre l'employeur; affiliation et activités syndicales
Remarks:
  • - The LRA prohibits as an unfair practice the termination of employment by the employer (art. 121 LRA):
    * on the ground that the employee is a member of the trade union;
    * of certain persons (listed below) carrying out functions of the labour relations machinery for certain acts related to the fulfilment of their duties; and
    * on the ground that the employees or the labour union are about to undertake such acts.
    The persons specifically referred to are employees, employees' representatives, committee members of the labour union or of the labour federation. The specified acts are calling a rally, filing a petition, submitting a claim, filing a lawsuit or negotiating it, appearing as a witness before or producing evidence to competent officials under the law on labour protection, the Registrar, labour dispute conciliators, labour dispute arbitrators, labour relations committee members, or the labour court.
    - On the prohibition of termination of employment on the ground of pregnancy, see art. 43 LPA.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Remarks:
  • - The employer cannot, except with the approval of the Labour Court, terminate employment of, or reduce the wages of, or punish a member of an employees' committee (art. 52 LRA). Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).
    - It is generally unlawful for an employer to terminate the employment or transfer the duties of the employees, their representatives, the committee members, subcommittee members, or members of the labour union, or committee members or subcommittee members of the labour federation, who are involved in the presentation, negotiation or reconciliation of a request to renegotiate an agreement on conditions of employment. Termination or transfer is, however, lawful if the persons concerned dishonestly perform their duties or wilfully commit a criminal offence against the employer; wilfully cause damage to the employer; neglect work for three consecutive working days without a suitable reason; or violate the rules, regulations or lawful orders of the employer, provided the employer has issued a warning in writing. The written warning is not required in severe cases (art. 31 LRA). The same protection applies to the same employees while an agreement on conditions of employment or equivalent award is in effect, with one additional category of permitted dismissal (i.e. when the employee commits any act of instigation, encouragement or persuasion to violate the agreement on conditions of employment or equivalent arbitration award) (art. 123(5) LRA).


Tunisie - 2013    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 14ter LC.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 14ter LC: a dismissal is unfair ("abusif") if it is not justified by a genuine and serious reason.

    - One of the real and serious reasons for dismissal is serious misconduct. A list of serious misconduct able to justify dismissal is set out in art. 14quater of the LC. Serious misconduct includes, inter alia:
    * wilful damage to the property of the undertaking;
    * wilful reduction of the product volume or product quality;
    * non-observance of rules related to safety and health;
    * neglect of the duty to take necessary measures to assure personal security or to safeguard confidentiality;
    * disobedience of legitimate orders;
    * bribe-taking;
    * theft;
    * turning up for work in a state of intoxication;
    * consumption of alcohol at the workplace;
    * absence or desertion of the workplace without good cause or the employer's permission;
    * violence or threats against colleagues or other persons during working hours;
    * divulging trade secrets; and
    * refusal to lend assistance in case of imminent danger to the firm or persons at the workplace.
    - Dismissal may also be effected for economic and technological reasons (art. 21 LC).


Motifs prohibés: grossesse ; congé de matérnité; maladie ou accident professionel temporaire; affiliation et activités syndicales ; accomplissement du service militaire ou civil
Remarks:
  • - Art. 166 LC: specifical procedural rules apply to the dismissal of a workers' representative or a trade union representative.
    In order to dismiss those workers, the employer must follow a specific procedure (i.e. submitting the dismissal to the decision of the competent labour inspector and complying with his or her decision), except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif
Remarks:
  • - Art. 166 LC: specific procedural rules apply to the dismissal of a workers' representative or a trade union representative: the employer must submit the dismissal to the decision of the competent labour inspector and complying with his or her decision except when the existence of a real and serious reason justifying dismissal is proved by a court which entertains jurisdiction (art. 166 LC and 169bis LC added by the Act No. 2007-19).
    - Art. 20(2) LC: An employer may not dismiss a woman on the grounds that she has suspended her work during the period before and after her confinement. If she is dismissed, the employer is liable to pay damages provided that she informed her employer of the reason for her absence. Notice of dismissal is prohibited up to a maximum of 12 weeks after maternity leave if the woman produces a medical certificate that she is incapable of returning to work because of an illness arising out of her pregnancy or confinement.
    -Art. 19 LC: performing military duties cannot be a cause of termination of employment.


Turkménistan - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 40 and art. 44 LC


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 42 LC provides that the reasons for dismissal can be the following:
    - 1) liquidation of the enterprise or termination of activities by an individual employer;
    - 2) a reduction in the number or staff of workers, including in connection with changes in production technology, organization of labor, reduction in the volume of work;
    - 3) the employee’s inconsistencies with the position held or the work performed due to insufficient qualifications, including those confirmed by the certification results;
    - 4) change of the owner of the enterprise (in relation to the head of the enterprise, his deputies and the chief accountant) in accordance with the first part of Article 37 of this Code;
    - 5) absence from work for more than four months in a row due to temporary disability, not counting the period of maternity leave, unless the legislation of Turkmenistan establishes a longer term for maintaining a place of work (position) for a specific disease. For employees who have lost their ability to work due to labor injury or occupational disease, the place of work (position) is maintained until the restoration of working capacity or the establishment of disability;
    - 6) systematic non-performance by an employee without valid excuses of employment duties assigned to him by the employment contract or the internal labor regulations of the enterprise, if the employee has previously been subject to disciplinary measures;
    - 7) absenteeism, including absence from work without good reason for more than three hours during the working day;
    - 8) appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
    - 9) the disclosure of secrets protected by the legislation of Turkmenistan (state, commercial, official and other), which became known to the employee in connection with the performance of his job duties;
    - 10) commission at the place of work of embezzlement of property, embezzlement, its deliberate destruction or damage established by a valid court verdict or decision of the body whose competence includes the imposition of an administrative penalty;
    - 11) violation by an employee of labor protection requirements, if this violation entailed grave consequences (work accident, accident, catastrophe) or deliberately created a real threat of such consequences;
    - 12) in case of revealing the fact of submission by the employee to the employer of forged documents or knowingly false information when concluding an employment contract;
    - 13) stipulated by the employment contract with the head of the enterprise, members of the executive body of the enterprise;
    - 14) in other cases established by this Code.


Motifs prohibés: grossesse ; race; sexe; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; handicap; langue; propriété; lieu de résidence ; origine ethnique
Remarks:
  • Art. 7 LC: prohibition of discrimination in employment based on: nationality, race, sex, origin, property or employment status, residence, language, age, religion, political beliefs, party affiliation or lack of affiliation to any party.


Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs mineurs
Remarks:
  • Art. 241 LC
    Art. 257 LC


Turquie - 2019    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 19 LA.
    This requirement only applies if the following criteria are fulfilled:
    - the employee is engaged for an indefinite period, and
    - the employee has worked for at least 6 months, and
    - the employee works in an establishment with at least 30 employees.
    In addition, are also excluded from this requirement: the employer's representatives and his assistants authorized to manage the entire enterprise as well as the employer's representatives managing the entire establishment who are also authorized to recruit and terminate employees.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • * Art 18 LA (termination with a valid reason/ job security provision): There must be a valid reason for dismissal connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking.

    This requirement only applies if the 3 following criteria are fulfilled:
    - the employee is engaged for an indefinite period, and
    - the employee has worked for at least 6 months, and
    - the employee works in an establishment with at least 30 employees.

    In addition, are also excluded from this protection: the employer's representatives and his assistants authorized to managed the entire enterprise as well as the employer' representatives managing the entire establishment who are also authorized to recruit and terminate employees.

    In case of such dismissal with just cause, the notice requirements shall be complied with.

    * Therefore, employers can dismiss employees falling outside the scope of application of article 18 LA (job security provision) without having to present a valid reason provided that the notice requirements are observed in accordance with art. 17 LA.
    However, the employer is not entirely free in dismissing those employees since in the event of abusive termination of his or her right to terminate, he or she shall be liable to pay compensation amounting to 3 times the wages for period of notice (= max. 24 weeks).

    * In addition, the LA allows the employer or the employee to immediately terminate an employment contract for a just cause whether for a defi­nite or indefinite period, before its expiry or without the prescribed notice periods. This is referred to in the law as the "the breaking of the employment contract".
    The law provides a list of reasons for breaking the contract for a just cause which are divided in three groups for the employee and four groups for the employer (Art. 24 and 25 LA), namely, reasons of health; immoral or dishonourable conduct or other similar behaviour and force majeure. There is also a fourth group for the employer which is the employee being under arrest or under custody.
    The employer is entitled to break the employment contract, whether for a defi­nite or indefinite period, before its expiry or without the prescribed notice periods in the above cases.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; affiliation et activités syndicales ; langue; naissance
Remarks:
  • *According to Art. 18 LA (job security provision) the following, inter alia, shall not constitute a valid reason for termination:
    a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    b) acting or having acted in the capacity of, or seeking office as, a union representative;
    c) the filing of a complaint or participation in proceedings against an employer involving alleged violations of laws or regulations or recourse to competent administrative or judicial authorities;
    d) race, colour, sex, marital status, family responsibilities, pregnancy, birth, religion, political opinion and similar reasons;
    e) absence from work during maternity leave when female workers must not be engaged in work, as foreseen in Article 74;
    f) temporary absence from work during the waiting period due to illness or accident foreseen in Article 25 of the Labor Act, subsection I (b).

    This provision only applies if the 3 following criteria are fulfilled:
    - the employee is engaged for an indefinite period, and
    - the employee has worked for at least 6 months, and
    - the employee works in an establishment with at least 30 employees.

    * The general provision on non discrimination (art. 5 LA) covers all the employees in the scope of the EA and prohibits discrimination in employment (including termination) based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons. Unless there are essential reasons for different treatment, the employer must not discriminate between a full-time and a part-time employee or an employee working under a contract concluded for a definite period and one working under a contract concluded for an indefinite period. In addition, except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination, either directly or indirectly, against an employee in the conclusion, conditions, execution and termination of his employment contract due to the employee's sex or maternity.

    * See also Art. 25 of Law No. 6356 on Trade Unions and Collective Labour Agreements (2012) concerning the prohibition of dismissals and of discrimination on the basis of trade union membership and activities.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Remarks:
  • * Art. 24 of the 2012 Act No. 6356 on Trade Unions and Collective agreements:
    “ (1) An employer shall not terminate the employment contract of shop stewards unless there is a just cause for termination and he indicates this clearly and precisely. The shop steward or the trade union of which he is a member shall have the right to apply to the competent court within one month of the date when the notice of termination is communicated to him (...).
    (3) If the court decides that the trade union representative is to be reinstated in his employment, the termination shall be annulled and the employer shall pay his full wages and all other benefits between the termination and final decision date. On the condition that the trade union representative applies within six working days following the final decision of reinstatement, and in the event that he is not reinstated within six working days, his wage and other benefits shall continue to be paid by taking into account that his employment relation is still continuing. This provision shall likewise apply in the case of a new appointment as shop steward.
    (4) Unless there is a written consent of the shop steward, the employer shall not change the workplace of the shop steward or shall not make a drastic change in his work. Otherwise, the change shall be considered as void."

    * Prohibition to dismiss a women on the grounds of pregnancy or maternity leave (Art. 18 LA) and general prohibition of discrimination on the grounds of maternity (Art. 5 LA).


Venezuela, République bolivarienne du - 2011    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 105 OLL establishes the obligation on the part of the employer to provide written notification of the dismissal indicating the reasons for it if the cause exist.
    That mean that for those workers who are not covered by the employment stability (managers and workers with less than 3 months' service) and who are dismissed without cause, there is no obligation to indicate the reason for dismissal.


Motifs autorisés (licenciement justifié) : conduite du travailleur
Remarks:
  • The OLL establishes a distinction between justified dismissal (despido justificado) and unjustified dismissal (despido injustificado) (art. 93 OLL).

    According to art. 112 OLL, any permanent worker who is not a manager and has more than 3 months of service has the right to employment stability: that means that they cannot be dismissed without a just cause. Those who are not covered by employment stability can be dismissed without a cause.

    In particular, pursuant to art. 102 OLL, in order to be considered justified, a dismissal shall be based on the following grounds (conduct-based):
    - dishonesty or immoral behaviour;
    - acts of violence except in legitimate self-defence;
    - insult or serious lack of respect towards the employer, his or her representatives or family members living in his or her home;
    - deliberate action or gross negligent acts affecting safety or health in the workplace;
    - forgetfulness or carelessness seriously affecting safety or health in the workplace;
    - unjustified absence from work for three working days within the period of one month;
    - material damage to the plant, tools, furniture belonging to the enterprise, raw materials, finished or partly processed products, plantations or other relevant property, whether deliberate or resulting from serious negligence;
    - disclosure of secrets of production, construction or process;
    - serious breach of the obligations under the contract of employment; or
    - abandonment of work.

    As a rule, the OLL only allows dismissal based one of the above listed cause in respect of workers covered by the employment stability (= those with at least 3 month's service, hired under a permanent contract and who are not managerial employees).
    However, under the same law, it is still possible for an employer who persists in dismissing an employee who benefit form such stability, even without having a just cause (injustified dismissal) to carry out the dismissal provided that he/she pays a compensation for unjustified dismissal. Such compensation can be paid in the course of the legal proceedings or even at the time of the dismissal. In such cases, the proceedings before the judge will not take place. (art. 125 and 126 OLL).

    Economic reasons are not considered to be just cause for termination. However, collectives dismissals for economic or technological reasons as defined in the law, and workforce reduction based on ongoing economic circumstances, or technological changes are permitted in accordance with specific procedures (art. 34 OLL on collective dismissals and art. 46 OLLR on workforce reduction).


    HOWEVER, in spite of those legislative provisions on dismissal, the dismissal system was amended by presidential decrees enacted at regular interval since 2002, usually with one-year validity, the latest (as of 2011) having been adopted on 16 December 2010 (No. 7914) covering the period from 1 January 2011 to 31 December 2011.
    These decrees establish 'specific job stability' (which is a form of immunity from dismissal), in favour of all workers covered by the Labour Code except for temporary workers, managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage(only about 5 per cent of employed workers).
    Under the "immunity decree", dismissal is only allowed for a just cause (those listed in the OLL) which shall be approved in advance by the Labour Inspectorate.
    Failure to comply with entail mandatory reinstatement of the dismissed worker. Therefore, as a result of the immunity decrees, it is no longer possible for an employer to dismiss a worker (except for the above mentioned excluded workers) for a reasons other than a conduct-related just cause by payment compensation for in advance.
    However, the rules contained in Decree do not prevent the parties from concluding an agreement in order to carry out redundancies (workforce reduction) through collective bargaining (art. 2 of the Decree).


Motifs prohibés: état matrimonial; grossesse ; race; sexe; orientation sexuelle ; religion ; opinion politique ; origine sociale ; âge ; affiliation et activités syndicales
Remarks:
  • Art. 26 OLL and 9 e) OLLR : non-discrimination in employment.
    Art. 26 OLL and 9 e) OLLR : non-discrimination in employment.
    See aslo Equal Opportunities for Women Act of 15 August 1993 [Ley de Igualdad de Oportunidades para la Mujer], art. 15: It is unlawful to dismiss or pressure a woman, or diminish her rights, during or as a result of pregnancy. If a woman believes her rights have been violated she may bring a constitutional action in order that they be restored to her. See also art 384 OLL: A pregnant woman worker shall be immune from dismissal during pregnancy and for one year after confinement, provided that no serious fault is committed, in which case the prior authorization of the Labour Inspectorate shall be required. This protection also applies to a woman worker who has adopted a child.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs effectuant leur service militaire/service alternatif
Remarks:
  • Venezuelan law provides that certain workers, for various reasons, are irremovable and may not be dismissed, transferred or employed in less favourable working conditions without just cause approved in advance by the labour inspector (art. 449, OLL). This protection is, generally, reserved for trade union promoters and board members, promoters of collective agreements and workers involved in collective disputes against employers, but has also been extended to other categories of persons, whether or not they are linked to trade union activity or collective relations. The following may therefore enjoy protection under the BLA:

    * any worker during the period of suspension of his/her employment relationship has been suspended from work (this includes compulsory military service, work injury or illness causing the absence of the worker for not more than 12 months, maternity leave, educational leave... : see sec. 94);
    * a pregnant woman, during pregnancy and up to one year after confinement (art. 384);
    * an adoptive mother, during the year following adoption (art. 384(1));
    * board members of a trade union, during their management and up to three months after the expiry of the term for which they were elected (art. 451);
    * promoters (and applicants for memberships), from the date of notification until registration of the union, which should not exceed three months (sec. 450);
    * the trade union delegate aboard a ship flying the Venezuelan flag (art. 356);
    * workers during trade union elections, from the notice of convocation until the election itself, a period which should not exceed three months within a period of two years (art. 452);
    * workers involved in a collective labour dispute (art. 458 and 506);
    * workers affected by a draft collective agreement, during the period of negotiations and up to 180 days, which may be extended by 90 days in exceptional circumstances (art. 458 and 520);
    * workers who accept changes in working conditions for economic reasons which jeopardize the work or existence of the enterprise, during the period the agreement is in force (art. 525 and 526);
    * workers affected by the request procedure of the standard-setting labour meetings, during the meeting session (art. 528 and 533(f));
    * workers who are appointed labour directors or substitutes during their terms in office (sec. 617); and
    * members of the safety and health committee of the enterprise while they are exercising their functions on the committee (art. 37)


    HOWEVER, in spite of those legislative provisions on dismissal, the dismissal system was amended by presidential decrees enacted at regular interval since 2002, usually with one-year validity, the latest (as of 2011) having been adopted on 16 December 2010 (No. 7914) covering the period from 1 January 2011 to 31 December 2011.
    Under those Decrees, prior accreditation of just cause by the labour inspectorate is required for any dismissal of any worker falling within the scope of of application of the decrees (= all workers in the private sector and all those covered within the scope of application of the Labour Code). Violation of this rule entail mandatory reinstatement. Managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage (only about 5 per cent of employed workers) are excluded. Workers in the oil and extraction sectors also enjoy security in employment and may not be dismissed unless there is a just cause.


Viet Nam - 2012    

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Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 43 LC: The employer shall state in writing the reasons for the termination of the labour contract in the worker's labour book and shall be responsible for returning the labour book to the employee.


Motifs autorisés (licenciement justifié) : conduite du travailleur; capacité du travailleur; motifs économiques
Remarks:
  • Art. 38 LC and art. 12, Decree 2003
    Article 38 LC
    "1. An employer shall have the right to terminate unilaterally a labour contract in the following circumstances:
    (a) The employee repeatedly fails to perform the work in accordance with the terms of the contract;
    (b) An employee is disciplined in the form of dismissal in accordance with the provisions of article 85 of this Code;
    (c) Where an employee suffers illness and remains unable to work after having received treatment for a period of twelve (12) consecutive months in the case of an indefinite term labour contract, or six consecutive months in the case of a definite term contract with a duration of twelve (12) months to thirty six (36) months, or more than half the duration of the contract in the case of a contract for a specific or seasonal job. Upon the recovery of the employee, the employer shall consider the continuation of the labour contract;
    (d) The employer is forced to reduce production and employment after trying all measures to recover from a natural disaster, a fire, or another event of force majeure as stipulated by the Government;
    (dd) The enterprise, body, or organization ceases operation."

    Art. 12 Decree 2003: "The provision that employers are entitled to unilaterally terminate their labor contracts in cases prescribed at Points a and d, Clause 1, Article 38 of the amended and supplemented Labor Code is stipulated as follows:
    1. Laborers constantly fail to fulfill their tasks under labor contracts, meaning that they fail to fulfill the labor norms or assigned tasks due to subjective reasons, and are booked or warned in writing at least twice in a month, but later still fail to redress their shortcomings.
    The extent of failure to fulfill the work shall be inscribed in labor contracts, collective labor agreements or labor regulations of the units.
    2. Force majeure reasons mean the cases where due to the requests of competent State bodies of the provincial or higher level, to enemy sabotage or epidemics which cannot be overcome, the production and/or business are subject to change or shrink."


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; maladie ou accident professionel temporaire; race; sexe; religion ; origine sociale ; affiliation et activités syndicales ; prendre légalement ses congés
Remarks:
  • Prohibited grounds for dismissal: art. 39 and 111 LC.

    See also:
    - the general prohibition of discrimination in employment based on sex, race, social class, belief or religion (art. 5 LC).
    - the prohibition of discriminatory treatment towards a worker who joins a trade union. (art. 1, 2) of the Trade Union law, 1990)



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familiales; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • Art. 39, Art. 111: Prohibition to dismiss:
    - a worker under treatment as a result of sickness, labour accident or occupational disease except in case of force majeure;
    - pregnant women, women on maternity leave, and women taking care of a child under 12 months of age, except for business reasons.
    Art. 155(4) LC: In order to dismiss a member of the executive committee of the local trade union, the employer must obtain the consent from this committee.


Yémen - 2013    

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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).


Zambie - 2019    

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


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


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; religion ; opinion politique ; origine sociale ; affiliation et activités syndicales ; prendre légalement ses congés ; origine ethnique
Remarks:
  • Section 36(4) EA, added by the 2015 Amendment, states: Reasons that are not valid for termination of contracts include
    (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;
    (b) seeking office as, acting or having acted in the capacity of, an employee’s representatives;
    (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;
    (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or
    (e)absence from work during leave or a rest period in accordance with a written law.

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


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail
Remarks:
  • "Workers' representatives" were added in the category of workers enjoying special protection in 2017.

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