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> GOVERNANCE - home > Employment protection legislation database - EPLex > Botswana

Botswana - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Sec. 18 (5) of the EA : Subject to the notice period specified in the employment contract, a written notice of intention to terminate the contract shall be given to the employee on a working day that will be included in the notice period. However, it may also be given orally by either party if he is illiterate. See sec. 26 EA for conditions under which an employer may terminate an employment contract without notice.

Notice period:
Remarks:
  • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
    "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
    (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
    (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
    Provided that-
    (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
    (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
    (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
    (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
    (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
    • tenure ≥ 6 months
      • 1 week(s).
    • tenure ≥ 9 months
      • 1 week(s).
    • tenure ≥ 1 year
      • 1 week(s).
    • tenure ≥ 2 years
      • 2 week(s).
    • tenure ≥ 4 years
      • 2 week(s).
    • tenure ≥ 5 years
      • 1 month(s).
    • tenure ≥ 10 years
      • 6 week(s).
    • tenure ≥ 20 years
      • 6 week(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Sec. 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

    Notification to the public administration: Yes

    Remarks:
    • Sec. 25(2) of the 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.

      A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Sec. 18 (5) of the EA : Subject to the notice period specified in the employment contract, a written notice of intention to terminate the contract shall be given to the employee on a working day that will be included in the notice period. . However, it may also be given orally by either party if he is illiterate. See sec. 26 EA for conditions under which an employer may terminate an employment contract without notice.

    Notice period:
    Remarks:
    • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
      "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
      (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
      (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
      Provided that-
      (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
      (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
      (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
      (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
      (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
      • tenure ≥ 6 months
        • 1 week(s).
      • tenure ≥ 9 months
        • 1 week(s).
      • tenure ≥ 1 year
        • 1 week(s).
      • tenure ≥ 2 years
        • 2 week(s).
      • tenure ≥ 4 years
        • 2 week(s).
      • tenure ≥ 5 years
        • 1 month(s).
      • tenure ≥ 10 years
        • 6 week(s).
      • tenure ≥ 20 years
        • 6 week(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Sec. 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

      Notification to the public administration: Yes

      Remarks:
      • Sec. 25(2) of the 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.

        A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

      Notice period:
      Remarks:
      • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
        "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
        (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
        (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
        Provided that-
        (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
        (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
        (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
        (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
        (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
        • tenure ≥ 6 months
          • 1 week(s).
        • tenure ≥ 9 months
          • 1 week(s).
        • tenure ≥ 1 year
          • 1 week(s).
        • tenure ≥ 2 years
          • 2 week(s).
        • tenure ≥ 4 years
          • 2 week(s).
        • tenure ≥ 5 years
          • 1 month(s).
        • tenure ≥ 10 years
          • 6 week(s).
        • tenure ≥ 20 years
          • 6 week(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

        Notification to the public administration: Yes

        Remarks:
        • See art.25 - 2 of the 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.

          A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

        Notice period:
        Remarks:
        • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
          "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
          (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
          (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
          Provided that-
          (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
          (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
          (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
          (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
          (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
          • tenure ≥ 6 months
            • 1 week(s).
          • tenure ≥ 9 months
            • 1 week(s).
          • tenure ≥ 1 year
            • 1 week(s).
          • tenure ≥ 2 years
            • 2 week(s).
          • tenure ≥ 4 years
            • 2 week(s).
          • tenure ≥ 5 years
            • 1 month(s).
          • tenure ≥ 10 years
            • 6 week(s).
          • tenure ≥ 20 years
            • 6 week(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

          Notification to the public administration: Yes

          Remarks:
          • See art.25 - 2 of the 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.

            A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

          Notice period:
          Remarks:
          • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
            "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
            (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
            (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
            Provided that-
            (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
            (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
            (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
            (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
            (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
            • tenure ≥ 6 months
              • 1 week(s).
            • tenure ≥ 9 months
              • 1 week(s).
            • tenure ≥ 1 year
              • 1 week(s).
            • tenure ≥ 2 years
              • 2 week(s).
            • tenure ≥ 4 years
              • 2 week(s).
            • tenure ≥ 5 years
              • 1 month(s).
            • tenure ≥ 10 years
              • 6 week(s).
            • tenure ≥ 20 years
              • 6 week(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

            Notification to the public administration: Yes

            Remarks:
            • See art.25 - 2 of the 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.

              A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

            Notice period:
            Remarks:
            • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
              "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
              (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
              (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
              Provided that-
              (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
              (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
              (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
              (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
              (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
              • tenure ≥ 6 months
                • 1 week(s).
              • tenure ≥ 9 months
                • 1 week(s).
              • tenure ≥ 1 year
                • 1 week(s).
              • tenure ≥ 2 years
                • 2 week(s).
              • tenure ≥ 4 years
                • 2 week(s).
              • tenure ≥ 5 years
                • 1 month(s).
              • tenure ≥ 10 years
                • 6 week(s).
              • tenure ≥ 20 years
                • 6 week(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

              Notification to the public administration: Yes

              Remarks:
              • See art.25 - 2 of the 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.

                A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

              Notice period:
              Remarks:
              • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
                "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
                (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
                (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
                Provided that-
                (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
                (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
                (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
                (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
                (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
                • tenure ≥ 6 months
                  • 1 week(s).
                • tenure ≥ 9 months
                  • 1 week(s).
                • tenure ≥ 1 year
                  • 1 week(s).
                • tenure ≥ 2 years
                  • 2 week(s).
                • tenure ≥ 4 years
                  • 2 week(s).
                • tenure ≥ 5 years
                  • 1 month(s).
                • tenure ≥ 10 years
                  • 6 week(s).
                • tenure ≥ 20 years
                  • 6 week(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

                Notification to the public administration: Yes

                Remarks:
                • See art.25 - 2 of the 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.

                  A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

                Notice period:
                Remarks:
                • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
                  "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
                  (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
                  (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
                  Provided that-
                  (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
                  (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
                  (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
                  (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
                  (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
                  • tenure ≥ 6 months
                    • 1 week(s).
                  • tenure ≥ 9 months
                    • 1 week(s).
                  • tenure ≥ 1 year
                    • 1 week(s).
                  • tenure ≥ 2 years
                    • 2 week(s).
                  • tenure ≥ 4 years
                    • 2 week(s).
                  • tenure ≥ 5 years
                    • 1 month(s).
                  • tenure ≥ 10 years
                    • 6 week(s).
                  • tenure ≥ 20 years
                    • 6 week(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art 19 a) of the EA. either party to a contract of employment may-
                    (a) terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

                  Notification to the public administration: Yes

                  Remarks:
                  • See art.25 - 2 of the 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.

                    A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

                  Notice period:
                  Remarks:
                  • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
                    "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
                    (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
                    (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
                    Provided that-
                    (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
                    (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
                    (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
                    (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
                    (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
                    • tenure ≥ 6 months
                      • 1 week(s).
                    • tenure ≥ 9 months
                      • 1 week(s).
                    • tenure ≥ 1 year
                      • 1 week(s).
                    • tenure ≥ 2 years
                      • 2 week(s).
                    • tenure ≥ 4 years
                      • 2 week(s).
                    • tenure ≥ 5 years
                      • 1 month(s).
                    • tenure ≥ 10 years
                      • 6 week(s).
                    • tenure ≥ 20 years
                      • 6 week(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art 19 a) of the EA. either party to a contract of employment may-
                      (a) terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

                    Notification to the public administration: Yes

                    Remarks:
                    • See art.25 - 2 of the 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.

                      A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    Notes / Remarks
                    Art. 18 al 2 EA.

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • See the art. 18 al.5 of the EA : Notice of intention to terminate the contract shall be in writing. However, it may also be given orally by either party if he is illiterate.

                    Notice period:
                    Remarks:
                    • Sec. 18 EA. Termination of contracts of employment for unspecified periods of time
                      "(...) (2) Notwithstanding anything to the contrary contained in the contract of employment, the minimum length of any notice referred to in subsection (1)(b) shall-
                      (a) where the wages are payable in respect of any period exceeding a day but less than a week, be one day; or
                      (b) where the wages are payable in respect of any period not less than a week, be equal in length to the period:
                      Provided that-
                      (i) where an employee whose wages are payable in respect of any period not less than a week but less than two weeks have been in continuous employment for two or more but less than five years, the minimum length of notice shall be two weeks;
                      (ii) where an employee whose wages are payable in respect of any period not less than a week but less than a month has been in continuous employment for five or more but less than 10 years, the minimum length of notice shall be one month; or
                      (iii) where an employee whose wages are payable in respect of any period exceeding a day has been in continuous employment for 10 or more years, the minimum length of notice shall be six weeks.
                      (3) Notwithstanding subsection (2), where the contract of employment provides for a minimum length of any notice such as is referred to in subsection (1)(b) which is longer than the appropriate minimum length prescribed by subsection (2), the minimum length of any such notice shall be that for which the contract of employment provides.
                      (4) Nothing in this section shall prohibit either party to a contract of employment from waiving his entitlement to notice in any particular case. (...)"
                      • tenure ≥ 6 months
                        • 1 week(s).
                      • tenure ≥ 9 months
                        • 1 week(s).
                      • tenure ≥ 1 year
                        • 1 week(s).
                      • tenure ≥ 2 years
                        • 2 week(s).
                      • tenure ≥ 4 years
                        • 2 week(s).
                      • tenure ≥ 5 years
                        • 1 month(s).
                      • tenure ≥ 10 years
                        • 6 week(s).
                      • tenure ≥ 20 years
                        • 6 week(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Art 19 a) of the EA. either party to a contract of employment may-
                        (a) terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

                      Notification to the public administration: Yes

                      Remarks:
                      • See art.25 - 2 of the 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.

                        A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No