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> GOVERNANCE - home > Employment protection legislation database - EPLex > Congo, Democratic Republic

Congo, Democratic Republic - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 76 LC.

Notice period:
Remarks:
  • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
    However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
    - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
    - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
    - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
    [Note for the purpose of the calculation 1 month was considered as 30 days].
    • tenure ≥ 6 months
      • managerial and similar positions - 3 month(s).
      • first-line supervisors, technicians, engineers, executives - 1 month(s).
      • worker's categories 1 to 5 - 14 day(s).
    • tenure ≥ 9 months
      • managerial and similar positions - 3 month(s).
      • first-line supervisors, technicians, engineers, executives - 1 month(s).
      • worker's categories 1 to 5 - 14 day(s).
    • tenure ≥ 2 years
      • managerial and similar positions - 122 day(s).
      • first-line supervisors, technicians, engineers, executives - 48 day(s).
      • worker's categories 1 to 5 - 28 day(s).
    • tenure ≥ 4 years
      • managerial and similar positions - 154 day(s).
      • first-line supervisors, technicians, engineers, executives - 66 day(s).
      • worker's categories 1 to 5 - 42 day(s).
    • tenure ≥ 5 years
      • managerial and similar positions - 170 day(s).
      • first-line supervisors, technicians, engineers, executives - 75 day(s).
      • worker's categories 1 to 5 - 49 day(s).
    • tenure ≥ 10 years
      • managerial and similar positions - 250 day(s).
      • first-line supervisors, technicians, engineers, executives - 110 day(s).
      • worker's categories 1 to 5 - 84 day(s).
    • tenure ≥ 20 years
      • managerial and similar positions - 410 day(s).
      • first-line supervisors, technicians, engineers, executives - 210 day(s).
      • worker's categories 1 to 5 - 154 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 63 LC.

    Notification to the public administration: Yes

    Remarks:
    • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
      New in April 2010:
      However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

    Notification to workers' representatives: No

    Remarks:
    • Except in case of economic dismissals (art. 78 LC).

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 76 LC.

    Notice period:
    Remarks:
    • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
      However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
      - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
      - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
      - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
      [Note for the purpose of the calculation 1 month was considered as 30 days].
      • tenure ≥ 6 months
        • managerial and similar positions - 3 month(s).
        • first-line supervisors, technicians, engineers, executives - 1 month(s).
        • worker's categories 1 to 5 - 14 day(s).
      • tenure ≥ 9 months
        • managerial and similar positions - 3 month(s).
        • first-line supervisors, technicians, engineers, executives - 1 month(s).
        • worker's categories 1 to 5 - 14 day(s).
      • tenure ≥ 2 years
        • managerial and similar positions - 122 day(s).
        • first-line supervisors, technicians, engineers, executives - 48 day(s).
        • worker's categories 1 to 5 - 28 day(s).
      • tenure ≥ 4 years
        • managerial and similar positions - 154 day(s).
        • first-line supervisors, technicians, engineers, executives - 66 day(s).
        • worker's categories 1 to 5 - 42 day(s).
      • tenure ≥ 5 years
        • managerial and similar positions - 170 day(s).
        • first-line supervisors, technicians, engineers, executives - 75 day(s).
        • worker's categories 1 to 5 - 49 day(s).
      • tenure ≥ 10 years
        • managerial and similar positions - 250 day(s).
        • first-line supervisors, technicians, engineers, executives - 110 day(s).
        • worker's categories 1 to 5 - 84 day(s).
      • tenure ≥ 20 years
        • managerial and similar positions - 410 day(s).
        • first-line supervisors, technicians, engineers, executives - 210 day(s).
        • worker's categories 1 to 5 - 154 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 63 LC.

      Notification to the public administration: Yes

      Remarks:
      • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
        New in April 2010:
        However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

      Notification to workers' representatives: No

      Remarks:
      • Except in case of economic dismissals (art. 78 LC).

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 76 LC.

      Notice period:
      Remarks:
      • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
        However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
        - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
        - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
        - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
        [Note for the purpose of the calculation 1 month was considered as 30 days].
        • tenure ≥ 6 months
          • managerial and similar positions - 3 month(s).
          • first-line supervisors, technicians, engineers, executives - 1 month(s).
          • worker's categories 1 to 5 - 14 day(s).
        • tenure ≥ 9 months
          • managerial and similar positions - 3 month(s).
          • first-line supervisors, technicians, engineers, executives - 1 month(s).
          • worker's categories 1 to 5 - 14 day(s).
        • tenure ≥ 2 years
          • managerial and similar positions - 122 day(s).
          • first-line supervisors, technicians, engineers, executives - 48 day(s).
          • worker's categories 1 to 5 - 28 day(s).
        • tenure ≥ 4 years
          • managerial and similar positions - 154 day(s).
          • first-line supervisors, technicians, engineers, executives - 66 day(s).
          • worker's categories 1 to 5 - 42 day(s).
        • tenure ≥ 5 years
          • managerial and similar positions - 170 day(s).
          • first-line supervisors, technicians, engineers, executives - 75 day(s).
          • worker's categories 1 to 5 - 49 day(s).
        • tenure ≥ 10 years
          • managerial and similar positions - 250 day(s).
          • first-line supervisors, technicians, engineers, executives - 110 day(s).
          • worker's categories 1 to 5 - 84 day(s).
        • tenure ≥ 20 years
          • managerial and similar positions - 410 day(s).
          • first-line supervisors, technicians, engineers, executives - 210 day(s).
          • worker's categories 1 to 5 - 154 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 63 LC.

        Notification to the public administration: Yes

        Remarks:
        • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
          New in April 2010:
          However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

        Notification to workers' representatives: No

        Remarks:
        • Except in case of economic dismissals (art. 78 LC).

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 76 LC.

        Notice period:
        Remarks:
        • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
          However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
          - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
          - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
          - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
          [Note for the purpose of the calculation 1 month was considered as 30 days].
          • tenure ≥ 6 months
            • managerial and similar positions - 3 month(s).
            • first-line supervisors, technicians, engineers, executives - 1 month(s).
            • worker's categories 1 to 5 - 14 day(s).
          • tenure ≥ 9 months
            • managerial and similar positions - 3 month(s).
            • first-line supervisors, technicians, engineers, executives - 1 month(s).
            • worker's categories 1 to 5 - 14 day(s).
          • tenure ≥ 2 years
            • managerial and similar positions - 122 day(s).
            • first-line supervisors, technicians, engineers, executives - 48 day(s).
            • worker's categories 1 to 5 - 28 day(s).
          • tenure ≥ 4 years
            • managerial and similar positions - 154 day(s).
            • first-line supervisors, technicians, engineers, executives - 66 day(s).
            • worker's categories 1 to 5 - 42 day(s).
          • tenure ≥ 5 years
            • managerial and similar positions - 170 day(s).
            • first-line supervisors, technicians, engineers, executives - 75 day(s).
            • worker's categories 1 to 5 - 49 day(s).
          • tenure ≥ 10 years
            • managerial and similar positions - 250 day(s).
            • first-line supervisors, technicians, engineers, executives - 110 day(s).
            • worker's categories 1 to 5 - 84 day(s).
          • tenure ≥ 20 years
            • managerial and similar positions - 410 day(s).
            • first-line supervisors, technicians, engineers, executives - 210 day(s).
            • worker's categories 1 to 5 - 154 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 63 LC.

          Notification to the public administration: Yes

          Remarks:
          • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
            New in April 2010:
            However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

          Notification to workers' representatives: No

          Remarks:
          • Except in case of economic dismissals (art. 78 LC).

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 76 LC.

          Notice period:
          Remarks:
          • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
            However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
            - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
            - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
            - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
            [Note for the purpose of the calculation 1 month was considered as 30 days].
            • tenure ≥ 6 months
              • managerial and similar positions - 3 month(s).
              • first-line supervisors, technicians, engineers, executives - 1 month(s).
              • worker's categories 1 to 5 - 14 day(s).
            • tenure ≥ 9 months
              • managerial and similar positions - 3 month(s).
              • first-line supervisors, technicians, engineers, executives - 1 month(s).
              • worker's categories 1 to 5 - 14 day(s).
            • tenure ≥ 2 years
              • managerial and similar positions - 122 day(s).
              • first-line supervisors, technicians, engineers, executives - 48 day(s).
              • worker's categories 1 to 5 - 28 day(s).
            • tenure ≥ 4 years
              • managerial and similar positions - 154 day(s).
              • first-line supervisors, technicians, engineers, executives - 66 day(s).
              • worker's categories 1 to 5 - 42 day(s).
            • tenure ≥ 5 years
              • managerial and similar positions - 170 day(s).
              • first-line supervisors, technicians, engineers, executives - 75 day(s).
              • worker's categories 1 to 5 - 49 day(s).
            • tenure ≥ 10 years
              • managerial and similar positions - 250 day(s).
              • first-line supervisors, technicians, engineers, executives - 110 day(s).
              • worker's categories 1 to 5 - 84 day(s).
            • tenure ≥ 20 years
              • managerial and similar positions - 410 day(s).
              • first-line supervisors, technicians, engineers, executives - 210 day(s).
              • worker's categories 1 to 5 - 154 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 63 LC.

            Notification to the public administration: Yes

            Remarks:
            • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
              New in April 2010:
              However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

            Notification to workers' representatives: No

            Remarks:
            • Except in case of economic dismissals (art. 78 LC).

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 76 LC.

            Notice period:
            Remarks:
            • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
              However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
              - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
              - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
              - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
              [Note for the purpose of the calculation 1 month was considered as 30 days].
              • tenure ≥ 6 months
                • managerial and similar positions - 3 month(s).
                • first-line supervisors, technicians, engineers, executives - 1 month(s).
                • worker's categories 1 to 5 - 14 day(s).
              • tenure ≥ 9 months
                • managerial and similar positions - 3 month(s).
                • first-line supervisors, technicians, engineers, executives - 1 month(s).
                • worker's categories 1 to 5 - 14 day(s).
              • tenure ≥ 2 years
                • managerial and similar positions - 122 day(s).
                • first-line supervisors, technicians, engineers, executives - 48 day(s).
                • worker's categories 1 to 5 - 28 day(s).
              • tenure ≥ 4 years
                • managerial and similar positions - 154 day(s).
                • first-line supervisors, technicians, engineers, executives - 66 day(s).
                • worker's categories 1 to 5 - 42 day(s).
              • tenure ≥ 5 years
                • managerial and similar positions - 170 day(s).
                • first-line supervisors, technicians, engineers, executives - 75 day(s).
                • worker's categories 1 to 5 - 49 day(s).
              • tenure ≥ 10 years
                • managerial and similar positions - 250 day(s).
                • first-line supervisors, technicians, engineers, executives - 110 day(s).
                • worker's categories 1 to 5 - 84 day(s).
              • tenure ≥ 20 years
                • managerial and similar positions - 410 day(s).
                • first-line supervisors, technicians, engineers, executives - 210 day(s).
                • worker's categories 1 to 5 - 154 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 63 LC.

              Notification to the public administration: Yes

              Remarks:
              • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
                New in April 2010:
                However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

              Notification to workers' representatives: No

              Remarks:
              • Except in case of economic dismissals (art. 78 LC).

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 76 LC.

              Notice period:
              Remarks:
              • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (Art. 64).
                However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
                - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (Art. 6 MO no 12).
                - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (Art. 7 MO no 12).
                - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (Art. 8)
                [Note for the purpose of the calculation 1 month was considered as 30 days].
                • tenure ≥ 6 months
                  • managerial and similar positions - 3 month(s).
                  • first-line supervisors, technicians, engineers, executives - 1 month(s).
                  • worker's categories 1 to 5 - 14 day(s).
                • tenure ≥ 9 months
                  • managerial and similar positions - 3 month(s).
                  • first-line supervisors, technicians, engineers, executives - 1 month(s).
                  • worker's categories 1 to 5 - 14 day(s).
                • tenure ≥ 2 years
                  • managerial and similar positions - 122 day(s).
                  • first-line supervisors, technicians, engineers, executives - 48 day(s).
                  • worker's categories 1 to 5 - 28 day(s).
                • tenure ≥ 4 years
                  • managerial and similar positions - 154 day(s).
                  • first-line supervisors, technicians, engineers, executives - 66 day(s).
                  • worker's categories 1 to 5 - 42 day(s).
                • tenure ≥ 5 years
                  • managerial and similar positions - 170 day(s).
                  • first-line supervisors, technicians, engineers, executives - 75 day(s).
                  • worker's categories 1 to 5 - 49 day(s).
                • tenure ≥ 10 years
                  • managerial and similar positions - 250 day(s).
                  • first-line supervisors, technicians, engineers, executives - 110 day(s).
                  • worker's categories 1 to 5 - 84 day(s).
                • tenure ≥ 20 years
                  • managerial and similar positions - 410 day(s).
                  • first-line supervisors, technicians, engineers, executives - 210 day(s).
                  • worker's categories 1 to 5 - 154 day(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 63 LC.

                Notification to the public administration: Yes

                Remarks:
                • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
                  New in April 2010:
                  However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

                Notification to workers' representatives: No

                Remarks:
                • Except in case of economic dismissals (art. 78 LC).

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 76 LC.

                Notice period:
                Remarks:
                • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (art. 64).
                  However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
                  - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (art. 6 MO no 12).
                  - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (art. 7 MO no 12).
                  - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (art. 8)
                  [Note that we have considered here that 1 months = 30 days].
                  • tenure ≥ 6 months
                    • managerial and similar positions - 3 month(s).
                    • first-line supervisors, technicians, engineers, executives - 1 month(s).
                    • worker's categories 1 to 5 - 14 day(s).
                  • tenure ≥ 9 months
                    • managerial and similar positions - 3 month(s).
                    • first-line supervisors, technicians, engineers, executives - 1 month(s).
                    • worker's categories 1 to 5 - 14 day(s).
                  • tenure ≥ 2 years
                    • managerial and similar positions - 122 day(s).
                    • first-line supervisors, technicians, engineers, executives - 48 day(s).
                    • worker's categories 1 to 5 - 28 day(s).
                  • tenure ≥ 4 years
                    • managerial and similar positions - 154 day(s).
                    • first-line supervisors, technicians, engineers, executives - 66 day(s).
                    • worker's categories 1 to 5 - 42 day(s).
                  • tenure ≥ 5 years
                    • managerial and similar positions - 170 day(s).
                    • first-line supervisors, technicians, engineers, executives - 75 day(s).
                    • worker's categories 1 to 5 - 49 day(s).
                  • tenure ≥ 10 years
                    • managerial and similar positions - 250 day(s).
                    • first-line supervisors, technicians, engineers, executives - 110 day(s).
                    • worker's categories 1 to 5 - 84 day(s).
                  • tenure ≥ 20 years
                    • managerial and similar positions - 410 day(s).
                    • first-line supervisors, technicians, engineers, executives - 210 day(s).
                    • worker's categories 1 to 5 - 154 day(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 63 LC.

                  Notification to the public administration: Yes

                  Remarks:
                  • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
                    New in April 2010:
                    However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

                  Notification to workers' representatives: No

                  Remarks:
                  • Except in case of economic dismissals (art. 78 LC).

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 76 LC.

                  Notice period:
                  Remarks:
                  • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (art. 64).
                    However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
                    - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (art. 6 MO no 12).
                    - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (art. 7 MO no 12).
                    - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (art. 8)
                    [Note that we have considered here that 1 months = 30 days].
                    • tenure ≥ 6 months
                      • managerial and similar positions - 3 month(s).
                      • first-line supervisors, technicians, engineers, executives - 1 month(s).
                      • worker's categories 1 to 5 - 14 day(s).
                    • tenure ≥ 9 months
                      • managerial and similar positions - 3 month(s).
                      • first-line supervisors, technicians, engineers, executives - 1 month(s).
                      • worker's categories 1 to 5 - 14 day(s).
                    • tenure ≥ 2 years
                      • managerial and similar positions - 122 day(s).
                      • first-line supervisors, technicians, engineers, executives - 48 day(s).
                      • worker's categories 1 to 5 - 28 day(s).
                    • tenure ≥ 4 years
                      • managerial and similar positions - 154 day(s).
                      • first-line supervisors, technicians, engineers, executives - 66 day(s).
                      • worker's categories 1 to 5 - 42 day(s).
                    • tenure ≥ 5 years
                      • managerial and similar positions - 170 day(s).
                      • first-line supervisors, technicians, engineers, executives - 75 day(s).
                      • worker's categories 1 to 5 - 49 day(s).
                    • tenure ≥ 10 years
                      • managerial and similar positions - 250 day(s).
                      • first-line supervisors, technicians, engineers, executives - 110 day(s).
                      • worker's categories 1 to 5 - 84 day(s).
                    • tenure ≥ 20 years
                      • managerial and similar positions - 410 day(s).
                      • first-line supervisors, technicians, engineers, executives - 210 day(s).
                      • worker's categories 1 to 5 - 154 day(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art. 63 LC.

                    Notification to the public administration: Yes

                    Remarks:
                    • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
                      New in April 2010:
                      However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

                    Notification to workers' representatives: No

                    Remarks:
                    • Except in case of economic dismissals (art. 78 LC).

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • Art. 76 LC.

                    Notice period:
                    Remarks:
                    • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (art. 64).
                      However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
                      - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (art. 6 MO no 12).
                      - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (art. 7 MO no 12).
                      - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 dyas for each completed year of service (art. 8)
                      [Note that we have considered here that 1 months = 30 days].
                      • tenure ≥ 6 months
                        • managerial and similar positions - 3 month(s).
                        • first-line supervisors, technicians, engineers, executives - 1 month(s).
                        • worker's categories 1 to 5 - 14 day(s).
                      • tenure ≥ 9 months
                        • managerial and similar positions - 3 month(s).
                        • first-line supervisors, technicians, engineers, executives - 1 month(s).
                        • worker's categories 1 to 5 - 14 day(s).
                      • tenure ≥ 2 years
                        • managerial and similar positions - 122 day(s).
                        • first-line supervisors, technicians, engineers, executives - 48 day(s).
                        • worker's categories 1 to 5 - 28 day(s).
                      • tenure ≥ 4 years
                        • managerial and similar positions - 154 day(s).
                        • first-line supervisors, technicians, engineers, executives - 66 day(s).
                        • worker's categories 1 to 5 - 42 day(s).
                      • tenure ≥ 5 years
                        • managerial and similar positions - 170 day(s).
                        • first-line supervisors, technicians, engineers, executives - 75 day(s).
                        • worker's categories 1 to 5 - 49 day(s).
                      • tenure ≥ 10 years
                        • managerial and similar positions - 250 day(s).
                        • first-line supervisors, technicians, engineers, executives - 110 day(s).
                        • worker's categories 1 to 5 - 84 day(s).
                      • tenure ≥ 20 years
                        • managerial and similar positions - 410 day(s).
                        • first-line supervisors, technicians, engineers, executives - 210 day(s).
                        • worker's categories 1 to 5 - 154 day(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Art. 63 LC.

                      Notification to the public administration: Yes

                      NOTE: This information has changed since the previous period covered.
                      Remarks:
                      • The LC only requires the employer to notify the administration in event of an economic dismissal (art. 78 LC).
                        New in April 2010:
                        However, the new Ministerial Order No. 006/CAB/PVPM/ETPS/2010 regulating the procedures for reporting hiring and termination of a worker of 1 st April 2010 provides that the employer shall report any termination of a worker for whatever reasons to the regional office of the labour inspection and the regional office of the national employment agency within 48 hours (art. 1). Note that the same procedure applies to hiring a worker.

                      Notification to workers' representatives: No

                      Remarks:
                      • Except in case of economic dismissals (art. 78 LC).

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      + show references

                      Notification to the worker to be dismissed: written

                      Remarks:
                      • Art. 76 LC.

                      Notice period:
                      Remarks:
                      • Under the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service (art. 64).
                        However, the Ministerial Order no 12/CAB.MIN/TPS/117/2005 dated 26 October 2005 sets out notice periods which vary according to the category of workers concerned.
                        - For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service) (art. 6 MO no 12).
                        - For first-line supervisors ("agents de maîtrise"), the notice period is minimum 1 month, increased by 9 days for each completed year of service (art. 7 MO no 12).
                        - For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is minimum 3 months, increased by 16 days for each completed year of service (art. 8)
                        [Note that we have considered here that 1 months = 30 days].
                        • tenure ≥ 6 months
                          • managerial and similar positions - 3 month(s).
                          • first-line supervisors, technicians, engineers, executives - 1 month(s).
                          • worker's categories 1 to 5 - 14 day(s).
                        • tenure ≥ 9 months
                          • managerial and similar positions - 3 month(s).
                          • first-line supervisors, technicians, engineers, executives - 1 month(s).
                          • worker's categories 1 to 5 - 14 day(s).
                        • tenure ≥ 2 years
                          • managerial and similar positions - 122 day(s).
                          • first-line supervisors, technicians, engineers, executives - 48 day(s).
                          • worker's categories 1 to 5 - 28 day(s).
                        • tenure ≥ 4 years
                          • managerial and similar positions - 154 day(s).
                          • first-line supervisors, technicians, engineers, executives - 66 day(s).
                          • worker's categories 1 to 5 - 42 day(s).
                        • tenure ≥ 5 years
                          • managerial and similar positions - 170 day(s).
                          • first-line supervisors, technicians, engineers, executives - 75 day(s).
                          • worker's categories 1 to 5 - 49 day(s).
                        • tenure ≥ 10 years
                          • managerial and similar positions - 250 day(s).
                          • first-line supervisors, technicians, engineers, executives - 110 day(s).
                          • worker's categories 1 to 5 - 84 day(s).
                        • tenure ≥ 20 years
                          • managerial and similar positions - 410 day(s).
                          • first-line supervisors, technicians, engineers, executives - 210 day(s).
                          • worker's categories 1 to 5 - 154 day(s).

                        Pay in lieu of notice: Yes

                        Remarks:
                        • Art. 63 LC.

                        Notification to the public administration: No

                        Remarks:
                        • Except in case of economic dismissals (art. 78 LC).

                        Notification to workers' representatives: No

                        Remarks:
                        • Except in case of economic dismissals (art. 78 LC).

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No