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> GOVERNANCE - home > Employment protection legislation database - EPLex

Procedural requirements for individual dismissals


Algeria - 2013    

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Notification to the worker to be dismissed: written

Remarks:
  • Any disciplinary dismissal (summary dismissal for serious misconduct) shall be notified in writing (Art. 73-2 LRA). A prior oral interview is also required.
    The law does not specify the form of notification for dismissals based on economic grounds.
    However, under the Collective Framework Agreement (CFA) of 2006, the dismissal decision shall be notified to the employee in writing (art 66 CFA). The CFA also requires the employer to conduct an oral interview with the employee prior to any dismissal not resulting from a workforce reduction (art. 64 CFA).

Notice period:
Remarks:
  • The LRA does not specify the duration of the notice period.
    Art. 73-5 LRA provides that any employee who did not commit an act of serious misconduct is entitled to a notice period (délai-congé) whose duration must be established in collective agreements.

    However, the Collective Framework Agreements of 2006 provides for notice periods requirements as follows:
    Unless there are provisions in the law, the employment contract or collective agreements which are more favorable to the employee, upon dismissal (except for serious misconduct), any employee is entitled to a notice period which shall be at least equivalent to the probationary period set out for that position. The notice period is increased by 5 days for each year of service with the same employer up to a maximum of 30 days (art. 61 CFA).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 73-6 LRA.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Angola - 2013    

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    Notification to the worker to be dismissed: written

    Remarks:
    • - Individual economic dismissal: art. 232 GLA.
      - Disciplinary dismissal: art. 52(2) GLA.

    Notice period:
    Remarks:
    • Art. 232 GLA: The period of notice for individual economic dismissals is at least 60 days for executives and high-level and medium-level technicians and 30 days for any other professional group.
      Article 244(2) GLA provides the similar rule for collective dismissals.
      No notice is required for disciplinary dismissals.
      • tenure ≥ 6 months
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 9 months
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 2 years
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 4 years
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 5 years
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 10 years
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).
      • tenure ≥ 20 years
        • economic dismissal - 30 day(s).
        • executives, high-level and middle-level technicians - economic dismissal - 60 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 234(3) GLA: Pay in lieu of notice for individual economic dismissal.
        No notice for disciplinary dismissal.

      Notification to the public administration: No

      Remarks:
      • - Individual economic dismissals (= those concerning less than 5 workers):
        Notification to and authorization from the provincial office of the Ministry of Labour is required only if the employees' representatives oppose the dismissal(s). (art. 231 GLA)

        - Disciplinary dismissals: no such prior notification to the administration.

        The authorization of the General Labour Inspectorate is however, always required for any disciplinary or economic dismissal which affects a protected worker ( war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

      Notification to workers' representatives: Yes

      Remarks:
      • - Individual economic dismissal (= those concerning less than 5 workers):
        The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions (art. 231 GLA).

        - Disciplinary dismissals: no such notification required. However, the employee has the right to be assisted by another employee or a member of the trade union to which he or she is affiliated during the preliminary interview (art. 50(2) GLA). If the employee is a trade union member or a workers' representative, a copy of the dismissal notice shall be sent to the trade union or the representative body concerned.

      Approval by public administration or judicial bodies: No

      Remarks:
      • - Individual economic dismissals (= those concerning less than 5 workers): The labour administration will not be involved if the employee's representatives approve the dismissal.
        However, if the employees' representatives oppose the dismissal(s) and the employer maintain his/her decision to carry out the dismissal(s), he/she shall obtain the authorization form the provincial office of the Ministry of Labour which shall issue a decision within 10 days of the submission of the employer's request. In case the employer's request is rejected by the provincial office, the employer can still challenge the office's decision before the competent national director of industrial relations who will issue a final decision within 15 days.
        - Disciplinary dismissals: no approval by the administration.

        - The authorization of the General Labour Inspectorate is always required for any disciplinary or economic dismissal which affects a protected worker (war veteran, minor, women covered by the maternity protection and workers with a limited occupational disability degree of 20% or above ( see arts. 227(3), 233(3), 244(3), 278, 288 GLA).

      Approval by workers' representatives: Yes

      Remarks:
      • - Individual economic dismissal (= those concerning less than 5 workers):
        The workers' representatives body shall be notified of the employer's intention to carry out the dismissals and provided with a written statement indicating in detail the reasons for the dismissal, the number of workers affected, possibility of transfer to other similar positions. The employee's representatives must issue a substantiated written decision within 7 days opposing or accepting the dismissal in which they analyse the reasons and the measures invoked by the employer and may suggest practical solutions.
        If they accept the dismissal, it will be carried out according to the agreed terms.
        If they oppose the dismissal and the employer maintain his/her decision to carry out the dismissal, he/she shall obtain the authorization form the provincial office of the Ministry of Labour (art. 231 GLA).

        - Disciplinary dismissals: no approval required.

      Botswana - 2018    

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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.

      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

      Burkina Faso - 2019    

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      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 65 LC

      Notice period:
      Remarks:
      • Art. 66 LC and 30 of the Inter-occupational Collective Agreement:
        The notice period varies according to the category of workers, as follows:
        * 1 month for workers paid on a monthly basis who are not executives, supervisors, technicians
        * 8 days for workers paid on a hourly or daily basis
        * 3 months for executives, supervisors, engineers, technicians and similar workers.
        • tenure ≥ 6 months
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 9 months
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 2 years
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 4 years
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 5 years
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 10 years
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).
        • tenure ≥ 20 years
          • monthly paid workers - 1 month(s).
          • hourly, daily or weekly paid workers - 8 day(s).
          • first-line supervisors, technicians, engineers, executives - 3 month(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 68 LC

        Notification to the public administration: No

        Remarks:
        • Exept in the case of a dismissal of a workers' representative: Art. 314 LC.

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Remarks:
        • However, such approval is mandatory in the event of a dismissal of a workers' representative: art. 314 LC.

        Approval by workers' representatives: No

        Cameroon - 2019    

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        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 34 (1) LC

        Notice period:
        Remarks:
        • Art. 34 LC

          Art. 1 of the Order No. 15 of 1993.
          The notice period varies according to the professional category to which the worker belongs and the length of service.

          * Categories I to VI and domestic workers:
          - less than one year of service: 15 days;
          - 1 to 5 years of service: 1 month;
          - more than 5 years of service: 2 months.

          * Categories VII to IX:
          - less than one year of service: 1 month;
          - 1 to 5 years of service: 2 months;
          - more than 5 years of service: 3 months.

          * Categories X to XII:
          - less than one year of service: 1 month;
          - 1 to 5 years of service: 3 months;
          - more than 5 years of service: 4 months.
          • tenure ≥ 6 months
            • worker's categories I to VI and domestic workers - 15 day(s).
            • worker's categories VII to IX - 1 month(s).
            • worker's categories X to XII - 1 month(s).
          • tenure ≥ 9 months
            • worker's categories I to VI and domestic workers - 15 day(s).
            • worker's categories VII to IX - 1 month(s).
            • worker's categories X to XII - 1 month(s).
          • tenure ≥ 2 years
            • worker's categories I to VI and domestic workers - 1 month(s).
            • worker's categories VII to IX - 2 month(s).
            • worker's categories X to XII - 3 month(s).
          • tenure ≥ 4 years
            • worker's categories I to VI and domestic workers - 1 month(s).
            • worker's categories VII to IX - 2 month(s).
            • worker's categories X to XII - 3 month(s).
          • tenure ≥ 5 years
            • worker's categories I to VI and domestic workers - 2 month(s).
            • worker's categories VII to IX - 3 month(s).
            • worker's categories X to XII - 4 month(s).
          • tenure ≥ 10 years
            • worker's categories I to VI and domestic workers - 2 month(s).
            • worker's categories VII to IX - 3 month(s).
            • worker's categories X to XII - 4 month(s).
          • tenure ≥ 20 years
            • worker's categories I to VI and domestic workers - 2 month(s).
            • worker's categories VII to IX - 3 month(s).
            • worker's categories X to XII - 4 month(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 36(1) LC

          Notification to the public administration: No

          Remarks:
          • Exceptions:
            Notification is mandatory prior to any:
            * individual dismissal on economic grounds (art 40 (6) LC)
            * dismissal of a worker's representative (art. 130 LC).

          Notification to workers' representatives: No

          Remarks:
          • Exception:
            Notification is mandatory prior to any individual dismissal on economic grounds: art. 40 (3) and (6) LC.

          Approval by public administration or judicial bodies: No

          Remarks:
          • Exception: any dismissal of a worker's representatives shall be approved by the competent administrative authority: art. 130 LC and 40(7) LC.

          Approval by workers' representatives: No

          Central African Republic - 2019    

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          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 138 LC.

          Notice period:
          Remarks:
          • Art. 148 LC:
            The duration of the notice period varies according to the worker's category as follows:
            - 8 days for workers paid on a hourly, daily, weekly, fortnightly or piece rate basis;
            - 1 month for workers paid on a monthly basis;
            - 2 months for first-line supervisors ("agents de maîtrise") and similar positions;
            - 3 months for managerial positions ("cadres").
            • tenure ≥ 6 months
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly, daily or hourly paid workers - 8 day(s).
            • tenure ≥ 9 months
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly or hourly paid workers - 8 day(s).
            • tenure ≥ 2 years
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly or hourly paid workers - 8 day(s).
            • tenure ≥ 4 years
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly or hourly paid workers - 8 day(s).
            • tenure ≥ 5 years
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly, daily or hourly paid workers - 8 day(s).
            • tenure ≥ 10 years
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly or hourly paid workers - 8 day(s).
            • tenure ≥ 20 years
              • managerial and similar positions - 3 month(s).
              • monthly paid workers - 1 month(s).
              • first-line supervisors and technicians - 2 month(s).
              • fortnightly, weekly or hourly paid workers - 8 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 151 LC.

            Notification to the public administration: No

            Remarks:
            • Except in the event of a dismissal of a workers' representative for which prior authorization of the Labour Inspector is required: Art. 89 LC.

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Remarks:
            • Except in the event of a dismissal of a worker's representatives for which prior authorization of the Labour Inspector is required: Art. 89 LC.

            Approval by workers' representatives: No

            Comoros - 2019    

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            Notification to the worker to be dismissed: written

            Remarks:
            • Article 48 of the Labour Code

            Notice period:
            Remarks:
            • Article 48 of the Labour Code (former art. 50): the period of notice is to be defined by decree after consultation of the Advisory Council of Labour and Employment (previously: the Supreme Council of Work) to take into account, namely, worker's tenure and professional categories. No Decree has been adopted as of 2018.

              Pay in lieu of notice: Yes

              Remarks:
              • Article 52 of the Labour Code (former art. 54). [Note: article 52 of the new LC now explicitly uses the term "compensation in lieu of notice" to refer to such payment].

              Notification to the public administration: No

              Remarks:
              • However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Remarks:
              • However, any dismissal of a worker's representative shall be notified to and approved by the Labour Tribunal (article 203 of the Labour Code [former art. 183]).

              Approval by workers' representatives: No

              Congo, Democratic Republic - 2019    

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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

                Côte d'Ivoire - 2013    

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                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 16.4 LC.

                Notice period:
                Remarks:
                • See art. 1 Decree N°96-200, 7 March 1996:

                  1) Monthly-paid workers belonging to categories 1 to 5, the length of the notice period is:
                  - up to 6 years of service: 1 month;
                  - 6 to 11 years of service: 2 months;
                  - 11 to 16 years of service: 3 months;
                  - above 16 years of service: 4 months.

                  2) Monthly-paid workers belonging to categories 5 to 10:
                  - up to 16 years of service: 3 months;
                  - above 16 years of service: 4 months.

                  3) Workers paid on a hourly, daily, weekly and fortnightly basis:
                  - up to 6 months of service: 8 days;
                  - between 6 months and 1 year of service: 15 days;
                  - 1 to 6 years of service: 1 month;
                  - 6 to 11 years of service: 2 months;
                  - 11 to 16 years of service: 3 months;
                  - above 16 years of service: 4 months.

                  Notice period is doubled for workers having at least 6 months of service and suffering from permanent partial disabilities (over 40%).
                  • tenure ≥ 6 months
                    • monthly paid workers (categories 1 to 5) - 1 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 15 day(s).
                  • tenure ≥ 9 months
                    • monthly paid workers (categories 1 to 5) - 1 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 15 day(s).
                  • tenure ≥ 2 years
                    • monthly paid workers (categories 1 to 5) - 1 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 1 month(s).
                  • tenure ≥ 4 years
                    • monthly paid workers (categories 1 to 5) - 1 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 1 month(s).
                  • tenure ≥ 5 years
                    • monthly paid workers (categories 1 to 5) - 1 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 1 month(s).
                  • tenure ≥ 10 years
                    • monthly paid workers (categories 1 to 5) - 2 month(s).
                    • monthly paid workers (categories 6 to 10) - 3 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 2 month(s).
                  • tenure ≥ 20 years
                    • monthly paid workers (categories 1 to 5) - 4 month(s).
                    • monthly paid workers (categories 6 to 10) - 4 month(s).
                    • fortnightly, weekly, daily or hourly paid workers - 4 month(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 16.6 LC.

                  Notification to the public administration: No

                  Remarks:
                  • Except in case of dismissal of a workers' representative: (art. 61.7 LC) and in the case of an individual economic dismissal (art. 16.7 and 16.8 LC).

                  Notification to workers' representatives: No

                  Remarks:
                  • Except in the case of an individual economic dismissal: art. 16.7 and 16.8 LC.

                  Approval by public administration or judicial bodies: No

                  Remarks:
                  • Except in case of dismissal of a workers' representative: art. 61.7 LC.

                  Approval by workers' representatives: No

                  Egypt - 2017    

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                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 110 LL.

                  Notice period:
                  Remarks:
                  • As regards the termination of an open-ended employment contract, either party shall observe a notice period which varies according to the employer's length of service as follows:
                    - 2 months if the worker's uninterrupted period of service with the employer is less than 10 years, and
                    - 3 months if that period exceeds 10 years (Art. 111 LL).
                    • tenure ≥ 6 months
                      • 2 month(s).
                    • tenure ≥ 9 months
                      • 2 month(s).
                    • tenure ≥ 2 years
                      • 2 month(s).
                    • tenure ≥ 4 years
                      • 2 month(s).
                    • tenure ≥ 5 years
                      • 2 month(s).
                    • tenure ≥ 10 years
                      • 3 month(s).
                    • tenure ≥ 20 years
                      • 3 month(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • See art. 118 LL.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: Yes

                    Remarks:
                    • Before dismissing a worker on disciplinary grounds (listed in art. 69 LL), the employer needs to submit a request to the Labour Court which shall decide on the worker's dismissal within 15 days from the date of the first session (art. 71 LL, as amended in 2008). [Note that prior to the adoption on the 2008 amendment, the decision to dismiss a worker as a sanction for serious misconduct was not taken by the Labour Court but a special committee established by the 2003 LL for these purposes and which consisted on two judges, the head of the concerned Directorate of Manpower or his/her representative, a representative of the Federation of Egyptian Trade Unions; and a member of a concerned employers' organisation).

                    Approval by workers' representatives: No

                    Notes / Remarks
                    - Under the LL, as amended in 2008, there is a special procedure for dismissal on disciplinary grounds.
                    Where a worker is accused of an offence for which the appropriate disciplinary penalty is dismissal, the employer must, before deciding to dismiss him/her, submit a request to do so to the Labour Court which can either grant authorization or refuse the dismissal. The decision shall be taken within 15 days. (art. 68, 69, 71 LL as amended in 2008).
                    - This procedure is not applicable to a dismissal based on the worker's inefficiency which is governed by specific regulations (see art. 110 LL)

                    Ethiopia - 2013    

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                    Notification to the worker to be dismissed: written

                    Remarks:
                    • Art. 34 (1) LP.

                    Notice period:
                    Remarks:
                    • Art. 35 1) LP:
                      The notice period varies according to the length of service or the ground for dismissal, as follows:
                      - 1 month if the length of service does not exceed 1 year;
                      - 2 months if the length of service is between 1 and 9 years;
                      - 3 months if the length of service exceeds 9 years;
                      OR:
                      - 2 months when the contract is terminated due to reduction of the workforce.

                      Note: The notice period for terminating a fixed-term contract shall be agreed upon by the parties (art. 35 2) LP).
                      • tenure ≥ 6 months
                        • non economic dismissal - 1 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 9 months
                        • non economic dismissal - 1 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 2 years
                        • non economic dismissal - 2 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 4 years
                        • non economic dismissal - 2 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 5 years
                        • non economic dismissal - 2 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 10 years
                        • non economic dismissal - 3 month(s).
                        • economic dismissal - 2 month(s).
                      • tenure ≥ 20 years
                        • non economic dismissal - 3 month(s).
                        • economic dismissal - 2 month(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • See art. 44 (under the section concerning "Effects of the unlawful termination of contract of employment): non-compliance by the employer with the notice requirements shall only result in the payment by the employer of wages in lieu of the notice period.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      Gabon - 2019    

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                      Notification to the worker to be dismissed: written

                      Remarks:
                      • Art. 51 LC, as amended in 2010 by Order No. 018/PR/2010: written notification to attend an oral interview.
                        Art. 53 LC: dismissal letter.

                      Notice period:
                      Remarks:
                      • According to art. 65 LC, the statutory minimum notice period varies according to the length of service, as follows:
                        - up to 1 year of service: 15 days;
                        - from 1 to 3 years of service: 1 month;
                        - from 3 to 5 years of service: 2 months;
                        - from 5 to 10 years of service: 3 months;
                        - from 10 to 15 years of service: 4 months;
                        - from 15 to 20 years of service: 5 months;
                        - from 20 to 30 years of service: 6 months.
                        Above 30 years, an increase of 10 days per year of length of service is granted.
                        • tenure ≥ 6 months
                          • 15 day(s).
                        • tenure ≥ 9 months
                          • 15 day(s).
                        • tenure ≥ 2 years
                          • 1 month(s).
                        • tenure ≥ 4 years
                          • 2 month(s).
                        • tenure ≥ 5 years
                          • 3 month(s).
                        • tenure ≥ 10 years
                          • 4 month(s).
                        • tenure ≥ 20 years
                          • 6 month(s).

                        Pay in lieu of notice: Yes

                        Remarks:
                        • Art. 69 LC.

                        Notification to the public administration: No

                        Remarks:
                        • Except for any:
                          * Individual dismissal based on economic grounds: Art. 56 LC;
                          * Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
                          * Dismissal of a workers' representative: Art. 294 LC.

                        Notification to workers' representatives: No

                        Remarks:
                        • However, such notification is mandatory in case of any individual dismissal based on economic grounds: Art. 59 LC.

                        Approval by public administration or judicial bodies: No

                        Remarks:
                        • However, approval by the administration is required for any:
                          * Individual dismissal based on economic grounds: Art. 56 LC;
                          * Dismissal of a pregnant woman and women on maternity leave: Art. 170 LC;
                          * Dismissal of a workers' representative: Art. 294 LC.

                        Approval by workers' representatives: No

                        Ghana - 2013    

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                        Notification to the worker to be dismissed: written

                        Remarks:
                        • Art. 17(3) LA: Notice of termination must be in writing.

                        Notice period:
                        Remarks:
                        • Art. 17 (1), (2) LA:
                          * The notice period varies according to the length of the contract as follows:
                          - 1 month's notice (or pay in lieu of notice) in the case of a contract of 3 years or more;
                          - 2 weeks' notice (or pay in lieu of notice) in the case of a contract of less than 3 years;
                          - 7 days' notice (or pay in lieu of notice) in the case of a contract from week to week.
                          * A contract of employment determinable at the will of the party may be terminated at the close of anyday without notice.

                          Pay in lieu of notice: Yes

                          Remarks:
                          • Art. 17 (1) and 18 (4) LA.

                          Notification to the public administration: No

                          Notification to workers' representatives: No

                          Approval by public administration or judicial bodies: No

                          Approval by workers' representatives: No

                          Lesotho - 2013    

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                          Notification to the worker to be dismissed: no specific form required

                          Remarks:
                          • Art. 65 LC: notice to terminate a contract may be either oral or written.

                            (See also art. 69 LC: The employer shall provide a written statement of the reason for dismissal either before dismissal, at the time of dismissal or within four weeks of the dismissal having taken effect).

                          Notice period:
                          Remarks:
                          • Art. 63 LC.
                            Statutory notice period is set according to the length of service, as follows:
                            * 1 or more years of service: 1 month's notice;
                            * more than 6 months and less than 1 year: a fortnight's notice;
                            * less than 6 months: 1 week's notice.
                            • tenure ≥ 6 months
                              • 2 week(s).
                            • tenure ≥ 9 months
                              • 2 week(s).
                            • tenure ≥ 2 years
                              • 1 month(s).
                            • tenure ≥ 4 years
                              • 1 month(s).
                            • tenure ≥ 5 years
                              • 1 month(s).
                            • tenure ≥ 10 years
                              • 1 month(s).
                            • tenure ≥ 20 years
                              • 1 month(s).

                            Pay in lieu of notice: Yes

                            Remarks:
                            • Art. 64 LC

                            Notification to the public administration: No

                            Notification to workers' representatives: No

                            Approval by public administration or judicial bodies: No

                            Approval by workers' representatives: No

                            Madagascar - 2019    

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                            Notification to the worker to be dismissed: written

                            Remarks:
                            • Art. 21 LC and Art. 4 of Decree No 2007-009 of 9 January 2007 establishing the conditions and the duration of the notice period to be observed when terminating an employment contract of indefinite duration.

                            Notice period:
                            Remarks:
                            • The notice period is regulated by Decree 2007-009.
                              The statutory minimum notice period is set according to the length of service and varies according to the workers' category. For the purpose of calculating the notice period, workers are divided into 5 groups (see Art. 2 Decree 2007-009).

                              - Group I covers mainly unskilled blue collar workers, workers performing work which requires limited skills or professional experience, and employees performing tasks which only require limited training.
                              - Group II includes skilled blue-collar workers and employees with skills and experience but whose work does not involve any specific responsibility.
                              - Group III includes highly skilled blue-collar workers with limited responsibility, qualified employees with extensive professional training whose work involves taking initiative and exercising specific responsibilities, and junior executives.
                              - Group IV includes engineers and highly qualified technicians and employees exercising supervisory, coordination or managerial functions.
                              - Group V covers those workers who do not fall within the previous category, which mainly includes top executives.

                              The notice periods are set as follows:
                              * Length of service < 8 days:
                              Group I: 1 day; Group II: 2 days; Group III: 3 days; Group IV: 4 days; Group V: 5 days.
                              * Length of service < 3 months:
                              Group I: 3 days; Group II: 8 days; Group III: 15 days; Group IV: 1 month; Group V: 1 month.
                              * Length of service < 1 year:
                              Group I: 8 days; Group II: 15 days; Group III: 1 month; Group IV: 1.5 months; Group V: 3 months.
                              * Length of service > 1 year:
                              Group I: 10 days; Group II: 1 month; Group III: 1.5 months; Group IV: 2.5 months; Group V: 4 months.
                              * Length of service > 3 years: additional 2 days per year of service
                              * Length of service > 5 years:
                              Group I: 1 month; Group II: 1.5 months; Group III: 2 months; Group IV: 3 months: Group V: 6 months.
                              • tenure ≥ 6 months
                                • Workers' category I - 8 day(s).
                                • Workers' category II - 15 day(s).
                                • Workers' category III - 1 month(s).
                                • Workers' category IV - 45 day(s).
                                • Workers' category V - 3 month(s).
                              • tenure ≥ 9 months
                                • Workers' category I - 8 day(s).
                                • Workers' category II - 15 day(s).
                                • Workers' category III - 1 month(s).
                                • Workers' category IV - 45 day(s).
                                • Workers' category V - 3 month(s).
                              • tenure ≥ 2 years
                                • Workers' category I - 10 day(s).
                                • Workers' category II - 1 month(s).
                                • Workers' category III - 45 day(s).
                                • Workers' category IV - 75 day(s).
                                • Workers' category V - 4 month(s).
                              • tenure ≥ 4 years
                                • Workers' category I - 18 day(s).
                                • Workers' category II - 38 day(s).
                                • Workers' category III - 53 day(s).
                                • Workers' category IV - 83 day(s).
                                • Workers' category V - 128 day(s).
                              • tenure ≥ 5 years
                                • Workers' category I - 1 month(s).
                                • Workers' category II - 45 day(s).
                                • Workers' category III - 2 month(s).
                                • Workers' category IV - 3 month(s).
                                • Workers' category V - 6 month(s).
                              • tenure ≥ 10 years
                                • Workers' category I - 1 month(s).
                                • Workers' category II - 45 day(s).
                                • Workers' category III - 2 month(s).
                                • Workers' category IV - 3 month(s).
                                • Workers' category V - 6 month(s).
                              • tenure ≥ 20 years
                                • Workers' category I - 1 month(s).
                                • Workers' category II - 45 day(s).
                                • Workers' category III - 2 month(s).
                                • Workers' category IV - 3 month(s).
                                • Workers' category V - 6 month(s).

                              Pay in lieu of notice: Yes

                              Remarks:
                              • Art. 18 LC and Art. 9 Decree No 2007-009 of 9 January 2007 establishing the conditions and the duration of the notice period to be observed when terminating an employment contract of indefinite duration.

                              Notification to the public administration: No

                              Remarks:
                              • However, when an employer intends to dismiss a workers' representative, a trade union officer or a member of the works council, he or she shall obtain the authorization to do so from the Labour Inspector (see Arts. 152, 156 and 165 LC).

                              Notification to workers' representatives: No

                              Approval by public administration or judicial bodies: No

                              Remarks:
                              • However, when an employer intends to dismiss a workers' representative, a trade union officer or a member of the works council, he or she shall obtain the authorization to do so from the Labour Inspector (see Arts. 152, 156 and 165 LC).

                              Approval by workers' representatives: No

                              Malawi - 2013    

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                              Notification to the worker to be dismissed: written

                              Remarks:
                              • Art. 29(1) EA

                              Notice period:
                              Remarks:
                              • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
                                1) workers paid on a monthly basis: 1 month's notice;
                                2) workers paid on a fortnightly basis:
                                - 1 fortnight's notice for less than 5 years of service
                                - 1 month's notice for at least 5 years of service;
                                3) workers paid on a weekly basis:
                                - 1 week's notice for less than 2 years of service
                                - 1 fortnight's notice between 2 and less than 5 years of service
                                - 1 month's notice for at least 5 years of service;
                                4) workers paid on a hourly basis:
                                - 1 day's notice for less than 6 months of service
                                - 1 week notice between 6 months and less than 2 years of service
                                - 1 fortnight's notice between 2 and less than 5 years of service
                                - 1 month's notice for at least 5 years of service.

                                Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
                                • tenure ≥ 6 months
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly paid workers - 2 week(s).
                                  • hourly or weekly paid workers - 1 week(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 9 months
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly paid workers - 2 week(s).
                                  • hourly or weekly paid workers - 1 week(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 2 years
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly, weekly or hourly paid workers - 2 week(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 4 years
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly, weekly or hourly paid workers - 2 week(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 5 years
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly, weekly or hourly paid workers - 1 month(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 10 years
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly, weekly or hourly paid workers - 1 month(s).
                                  • fixed-term workers - 14 day(s).
                                • tenure ≥ 20 years
                                  • monthly paid workers - 1 month(s).
                                  • fortnightly, weekly or hourly paid workers - 1 month(s).
                                  • fixed-term workers - 14 day(s).

                                Pay in lieu of notice: Yes

                                Remarks:
                                • Art. 30 (2) EA

                                Notification to the public administration: No

                                Notification to workers' representatives: No

                                Approval by public administration or judicial bodies: No

                                Approval by workers' representatives: No

                                Morocco - 2019    

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                                Notification to the worker to be dismissed: written

                                Remarks:
                                • * Disciplinary dismissal, mandatory procedural requirements:
                                  Prior oral interview with possible representation by a workers' representative followed by a written decision: Art. 62 and 63 LC
                                  *Art. 44 LC applicable to any dismissal.

                                Notice period:
                                Remarks:
                                • Art. 1 of the Decree n°2-04-469 of 29 December 2004 : notice period varies according to the category of workers and the length of service as follows:
                                  1) For white collars and blue collars
                                  - less than one year of service: 8 days;
                                  - 1 to 5 years of service: 1 month:
                                  - more than 5 years of service: 2 months.

                                  2) For managerial and similar positions:
                                  - less than one year of service: 1 month;
                                  - 1 to 5 years of service: 2 months;
                                  - more than 5 years: 3 months.
                                  • tenure ≥ 6 months
                                    • managerial and similar positions - 1 month(s).
                                    • white-collars and blue-collars - 8 day(s).
                                  • tenure ≥ 9 months
                                    • managerial and similar positions - 1 month(s).
                                    • white-collars and blue-collars - 8 day(s).
                                  • tenure ≥ 1 year
                                    • managerial and similar positions - 2 month(s).
                                    • white-collars and blue-collars - 1 month(s).
                                  • tenure ≥ 2 years
                                    • managerial and similar positions - 2 month(s).
                                    • white-collars and blue-collars - 1 month(s).
                                  • tenure ≥ 4 years
                                    • managerial and similar positions - 2 month(s).
                                    • white-collars and blue-collars - 1 month(s).
                                  • tenure ≥ 5 years
                                    • managerial and similar positions - 2 month(s).
                                    • white-collars and blue-collars - 1 month(s).
                                  • tenure ≥ 10 years
                                    • managerial and similar positions - 3 month(s).
                                    • white-collars and blue-collars - 2 month(s).
                                  • tenure ≥ 20 years
                                    • managerial and similar positions - 3 month(s).
                                    • white-collars and blue-collars - 2 month(s).

                                  Pay in lieu of notice: Yes

                                  Remarks:
                                  • Art. 51 LC

                                  Notification to the public administration: Yes

                                  Remarks:
                                  • Disciplinary dismissals: Art. 64 LC.
                                    Individual economic dismissals: Art. 67 LC.

                                  Notification to workers' representatives: No

                                  Remarks:
                                  • Except in case of an individual economic dismissal: Art. 66 LC.

                                  Approval by public administration or judicial bodies: No

                                  Remarks:
                                  • Except in case of individual dismissal on economic grounds (Art. 67 LC) and dismissal of worker's representatives (Art. 457 LC).

                                  Approval by workers' representatives: No

                                  Namibia - 2013    

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                                  Notification to the worker to be dismissed: written

                                  Remarks:
                                  • Sec. 30(3) LA.

                                  Notice period:
                                  Remarks:
                                  • Sec. 30(1) LA set forth statutory minimum notice periods according to the employee's length of service, as follow:
                                    - one day, if the employee has been employed for four weeks or less;
                                    - one week, if the employee has been employed for more than four weeks but not more than one year;
                                    - one month, if the employee has been employed for more than one year.

                                    An employer and an employee may agree to a longer notice period provided that it is of equal duration for both parties (sec. 30(2) LA)
                                    • tenure ≥ 6 months
                                      • 1 week(s).
                                    • tenure ≥ 9 months
                                      • 1 week(s).
                                    • tenure ≥ 2 years
                                      • 1 month(s).
                                    • tenure ≥ 4 years
                                      • 1 month(s).
                                    • tenure ≥ 5 years
                                      • 1 month(s).
                                    • tenure ≥ 10 years
                                      • 1 month(s).
                                    • tenure ≥ 20 years
                                      • 1 month(s).

                                    Pay in lieu of notice: Yes

                                    Remarks:
                                    • Sec. 31 LA.

                                    Notification to the public administration: No

                                    Remarks:
                                    • Except in the event of redundancy (see under"Collective dismissals for economic reasons"): art. 34 LA.

                                    Notification to workers' representatives: No

                                    Remarks:
                                    • Except in the event of redundancy (see under"Collective dismissals for economic reasons"): art. 34 LA.

                                    Approval by public administration or judicial bodies: No

                                    Approval by workers' representatives: No

                                    Niger - 2019    

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                                    Notification to the worker to be dismissed: written

                                    Remarks:
                                    • See Art. 84 LC (economic dismissals) and Art. 90 (2) LC (summary dismissal). No such specific requirement for any other dismissal in the LC (except as concerns workers' representatives, see above)
                                      However, Art. 28 of the 1972 Inter-occupational Collective Agreement specifically requires that notification be written.

                                    Notice period:
                                    Remarks:
                                    • No specified duration in the LC (see Art. 88 LC).

                                      However,the 1972 Inter-occupational Collective Agreement in Appendix No 1. establishes the duration of the notice period according to the worker's category, as follows:
                                      - 1 month for monthly paid workers;
                                      - 8 days for hourly, daily or weekly paid workers;
                                      - 1 month for first-line supervisors ("agents de maîtrise") and technicians;
                                      - 3 months for engineers, executives and senior executives.
                                      • tenure ≥ 6 months
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 9 months
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 2 years
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 4 years
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 5 years
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 10 years
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).
                                      • tenure ≥ 20 years
                                        • monthly paid workers - 1 month(s).
                                        • hourly, daily or weekly paid workers - 8 day(s).
                                        • first-line supervisors and technicians - 1 month(s).
                                        • engineers, executives and top executives - 3 month(s).

                                      Pay in lieu of notice: Yes

                                      Remarks:
                                      • Art. 90 LC

                                      Notification to the public administration: No

                                      Remarks:
                                      • Except in case of a dismissal of a workers' representative (Art. 227 and 228 LC) and of an economic dismissal (Art. 80 LC).

                                      Notification to workers' representatives: No

                                      Remarks:
                                      • Except in case of an economic dismissal (Art. 80 LC).

                                      Approval by public administration or judicial bodies: No

                                      Remarks:
                                      • Except in case of a dismissal of a workers' representative: Art. 227 and 228 LC.
                                        * See also: Articles 472-475 of the Implementing Decree N° 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.

                                      Approval by workers' representatives: No

                                      Nigeria - 2013    

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                                      Notification to the worker to be dismissed: written

                                      Remarks:
                                      • Sec. 11(3) LA: Any notice for a period of one week or more shall be in writing.

                                      Notice period:
                                      Remarks:
                                      • Sec. 11(2) LA sets out statutory minimum notice periods as follows:
                                        * for less than three months of service, one day;
                                        * for three months to two years of service, one week;
                                        * for two to five years of service, two weeks; and
                                        * for more than five years of service, one month.
                                        The above periods are statutory minima which can be improved upon by collective agreements or contracts of employment.
                                        • 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
                                          • 1 month(s).
                                        • tenure ≥ 20 years
                                          • 1 month(s).

                                        Pay in lieu of notice: Yes

                                        Remarks:
                                        • Sec. 11(6) LA.

                                        Notification to the public administration: No

                                        Notification to workers' representatives: No

                                        Approval by public administration or judicial bodies: No

                                        Approval by workers' representatives: No

                                        Rwanda - 2013    

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                                        Notification to the worker to be dismissed: written

                                        Remarks:
                                        • Art. 30 LL: notice of termination must be given in writing to the interested party and must specify the reasons for the dismissal.

                                        Notice period:
                                        Remarks:
                                        • Art. 27 LL: The notice period shall be at least:
                                          - 15 days if the worker has worked for less than a year;
                                          - 1 month if the worker has workers for a period of one year or more.

                                          No notice period shall apply to a worker on probation.
                                          • tenure ≥ 6 months
                                            • 15 day(s).
                                          • tenure ≥ 9 months
                                            • 15 day(s).
                                          • tenure ≥ 2 years
                                            • 1 month(s).
                                          • tenure ≥ 4 years
                                            • 1 month(s).
                                          • tenure ≥ 5 years
                                            • 1 month(s).
                                          • tenure ≥ 10 years
                                            • 1 month(s).
                                          • tenure ≥ 20 years
                                            • 1 month(s).

                                          Pay in lieu of notice: Yes

                                          Remarks:
                                          • Art. 32 LL.

                                          Notification to the public administration: Yes

                                          Remarks:
                                          • No general obligation to notify the administration of any dismissal. This only applies in case of the dismissal of a worker for economic and technological reasons (art. 34 LL - see below under collective dismissals).

                                          Notification to workers' representatives: No

                                          Approval by public administration or judicial bodies: No

                                          Approval by workers' representatives: No

                                          Senegal - 2019    

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                                          Notification to the worker to be dismissed: written

                                          Remarks:
                                          • Art. L50 LC

                                          Notice period:
                                          Remarks:
                                          • No specified duration in the Labour Code.
                                            However, art 23 of the Inter-occupational Collective Agreements establishes specific duration of the notice period according to the worker's category.
                                            For non-executive monthly paid workers,the notice period is 1 month.
                                            The duration of the notice period is 3 months for executives and similar workers. For blue collar-workers and permanent staff paid on a hourly, daily or weekly basis, notice period varies according to the worker's category and length of service, as follows:
                                            * Less than one year of service: 8 days (categories 1 to 4) / 15 days (categories 5 to 7)
                                            * From 1 to 5 years of service: 15 days (categories 1 to 4) / 15 days (categories 5 to 7)
                                            * More than 5 years: 1 month (categories 1 to 4) / 1 month (categories 5 to 7)
                                            • tenure ≥ 6 months
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 4) - 8 day(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 5 to 7) - 15 day(s).
                                            • tenure ≥ 9 months
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 4) - 8 day(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 5 to 7) - 15 day(s).
                                            • tenure ≥ 2 years
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 7) - 15 day(s).
                                            • tenure ≥ 4 years
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 7) - 15 day(s).
                                            • tenure ≥ 5 years
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 7) - 1 month(s).
                                            • tenure ≥ 10 years
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 7) - 1 month(s).
                                            • tenure ≥ 20 years
                                              • managerial and similar positions - 3 month(s).
                                              • monthly paid workers - 1 month(s).
                                              • hourly, daily, weekly paid blue-collar workers (categories 1 to 7) - 1 month(s).

                                            Pay in lieu of notice: Yes

                                            Remarks:
                                            • Art. L53 LC

                                            Notification to the public administration: No

                                            Remarks:
                                            • Except in case of an individual dismissal based on economic grounds (art. L60 to L62 LC) and any dismissal of a workers' representative (art. L214 LC).

                                            Notification to workers' representatives: No

                                            Remarks:
                                            • Except in case of an individual dismissal based on economic grounds: art. L60 and 62 LC.

                                            Approval by public administration or judicial bodies: No

                                            Remarks:
                                            • However, approval is mandatory prior to the dismissal of a workers' representative: art. L214 LC.

                                            Approval by workers' representatives: No

                                            South Africa - 2019    

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                                            Notification to the worker to be dismissed: written

                                            Remarks:
                                            • See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.

                                            Notice period:
                                            Remarks:
                                            • Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
                                              - 1 week's notice if the employee has been employed for 6 months or less,
                                              - 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
                                              - 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
                                              Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
                                              • tenure ≥ 6 months
                                                • 2 week(s).
                                              • tenure ≥ 9 months
                                                • 2 week(s).
                                              • tenure ≥ 2 years
                                                • 4 week(s).
                                              • tenure ≥ 4 years
                                                • 4 week(s).
                                              • tenure ≥ 5 years
                                                • 4 week(s).
                                              • tenure ≥ 10 years
                                                • 4 week(s).
                                              • tenure ≥ 20 years
                                                • 4 week(s).

                                              Pay in lieu of notice: Yes

                                              Remarks:
                                              • Sec. 38 BCEA.

                                              Notification to the public administration: No

                                              Notification to workers' representatives: No

                                              Remarks:
                                              • Except for individual dismissals based on operational requirements (see sec. 189 LRA).
                                                See also sec. 4(2) of the Code of Good Practice on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.

                                              Approval by public administration or judicial bodies: No

                                              Approval by workers' representatives: No

                                              Tanzania, United Republic of - 2013    

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                                              Notification to the worker to be dismissed: written

                                              Remarks:
                                              • Art. 41(3) ELRA

                                              Notice period:
                                              Remarks:
                                              • Art. 41(1) ELRA: if a contract of employment can be terminated on notice, the required period of notice is at least:
                                                * 7 days if given in the first month of employment and after that;
                                                * 28 days if the employee is employed on a monthly basis;
                                                * 4 days if the employee is employed on a daily or weekly basis.
                                                A longer notice period may be agreed upon by the parties, provided that the notice period is of equal duration for the employer and employee.
                                                • tenure ≥ 6 months
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 9 months
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 2 years
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 4 years
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 5 years
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 10 years
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).
                                                • tenure ≥ 20 years
                                                  • monthly paid workers - 28 day(s).
                                                  • daily or weekly paid workers - 4 day(s).

                                                Pay in lieu of notice: Yes

                                                Remarks:
                                                • Art. 41(5) ELRA

                                                Notification to the public administration: No

                                                Notification to workers' representatives: No

                                                Remarks:
                                                • Except in the event of termination based on operational requirements (retrenchment): art. 38(1) ELRA.

                                                Approval by public administration or judicial bodies: No

                                                Approval by workers' representatives: No

                                                Tunisia - 2013    

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                                                Notification to the worker to be dismissed: written

                                                Remarks:
                                                • Art. 14bis LC.

                                                Notice period:
                                                Remarks:
                                                • Employers and employees are required to give one month's notice in writing. If there are provisions which result from a contractual or collective agreement, general practice or vested rights that require a longer period of notice, these provisions are applied (art. 14bis LC). For example, the period of notice for journalists (art. 398 LC) and commercial travellers and sales representatives (art. 410 LC) varies between one and three months.
                                                  • tenure ≥ 6 months
                                                    • 1 month(s).
                                                  • tenure ≥ 9 months
                                                    • 1 month(s).
                                                  • tenure ≥ 2 years
                                                    • 1 month(s).
                                                  • tenure ≥ 4 years
                                                    • 1 month(s).
                                                  • tenure ≥ 5 years
                                                    • 1 month(s).
                                                  • tenure ≥ 10 years
                                                    • 1 month(s).
                                                  • tenure ≥ 20 years
                                                    • 1 month(s).

                                                  Pay in lieu of notice: Yes

                                                  Remarks:
                                                  • The LC is silent with respect to pay in lieu of notice.
                                                    However, art. 16 of the CFA stipulates that, in the event notice is not observed, the amount of compensation to be paid must at least be equal to wages payable for the length of notice period or for the remaining period of notice (art. 16 FCA).

                                                  Notification to the public administration: No

                                                  Remarks:
                                                  • Except for protected workers.

                                                  Notification to workers' representatives: No

                                                  Approval by public administration or judicial bodies: No

                                                  Remarks:
                                                  • Except for protected workers.

                                                  Approval by workers' representatives: No

                                                  Uganda - 2013    

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                                                  Notification to the worker to be dismissed: written

                                                  Remarks:
                                                  • Art. 58(2) EA: written notice of termination.
                                                    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.

                                                  Notice period:
                                                  Remarks:
                                                  • Art. 58(3) EA: Statutory minimum notice period are established according to the length of service, as follows:
                                                    - at least 2 weeks, for a period of service of more than 6 months but less than 1 year;
                                                    - at least 1 month, for a period of service of more than 12 months but less than 5 years;
                                                    - at least 2 months, for a period of service of more than 5 months but less than 10 years;
                                                    - at least 3 months, for a period of service of 10 years or more.
                                                    • tenure ≥ 6 months
                                                      • 2 week(s).
                                                    • tenure ≥ 9 months
                                                      • 2 week(s).
                                                    • tenure ≥ 2 years
                                                      • 1 month(s).
                                                    • tenure ≥ 4 years
                                                      • 1 month(s).
                                                    • tenure ≥ 5 years
                                                      • 2 month(s).
                                                    • tenure ≥ 10 years
                                                      • 3 month(s).
                                                    • tenure ≥ 20 years
                                                      • 3 month(s).

                                                    Pay in lieu of notice: Yes

                                                    Remarks:
                                                    • Art. 58(5) EA.

                                                    Notification to the public administration: No

                                                    Notification to workers' representatives: No

                                                    Remarks:
                                                    • No general obligation to notify the worker's representatives. However, prior to any dismissal on the grounds of misconduct or poor performance, the employer must explain the reason for the planned dismissal to the employee, and the employee is entitled to have another person of his/her choice present during the explanation. Before reaching a decision on the dismissal, the employer must hear and consider any representation the employee and the person chosen by him/her, if any, may make (sec. 66(1) and (2) EA).

                                                    Approval by public administration or judicial bodies: No

                                                    Approval by workers' representatives: No

                                                    Zambia - 2019    

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                                                    Notification to the worker to be dismissed: no specific form required

                                                    Remarks:
                                                    • Sec. 20(3) EA: Notice to terminate an oral contract may be either verbal or written.
                                                      In the legislation reviewed, no information has been found with regards to written contracts.

                                                    Notice period:
                                                    Remarks:
                                                    • Oral contract:
                                                      - Sec. 20 (2) EA provides that in the absence of any agreement providing for a period of notice of longer duration, the length of such notice shall be-
                                                      (a) subject to the provisions of paragraph (b), twenty-four hours where the contract is for a period of less than a week;
                                                      (b) fourteen days where the contract is a daily contract under which, by agreement or custom, wages are payable not at the end of the day, but at intervals not exceeding one month;
                                                      (c) thirty days where the contract is for a period of one week or more".
                                                      - The notice period to be given to the employee in the event of termination by redundancy is 1 month (see sec. 10 MWCEGO and sec. 9 MWCESO).

                                                      In the legislation reviewed, no information has been found with regards to written contracts.
                                                      • tenure ≥ 6 months
                                                        • economic dismissal - 1 month(s).
                                                        • oral contract ≥ 1 week - non economic dismissal - 30 day(s).
                                                      • tenure ≥ 9 months
                                                        • economic dismissal - 1 month(s).
                                                        • oral contract ≥ 1 week - non economic dismissal - 30 day(s).
                                                      • tenure ≥ 2 years
                                                        • economic dismissal - 1 month(s).
                                                        • oral contract ≥ 1 week - non economic dismissal - 30 day(s).
                                                      • tenure ≥ 4 years
                                                        • non economic dismissal - 30 day(s).
                                                        • economic dismissal - 1 month(s).
                                                      • tenure ≥ 5 years
                                                        • non economic dismissal - 30 day(s).
                                                        • economic dismissal - 1 month(s).
                                                      • tenure ≥ 10 years
                                                        • non economic dismissal - 30 day(s).
                                                        • economic dismissal - 1 month(s).
                                                      • tenure ≥ 20 years
                                                        • economic dismissal - 1 month(s).
                                                        • oral contract ≥ 1 week - non economic dismissal - 30 day(s).

                                                      Pay in lieu of notice: Yes

                                                      Remarks:
                                                      • Sec. 21 EA:
                                                        "Either party to an oral contract of service may terminate such contract-
                                                        (a) in the case of a contract which may be terminated without notice, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee if he had continued to work until the end of the contract period;
                                                        (b) in any other case, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee at the termination of the employment had notice to terminate the same been given on the date of payment."
                                                        See also sec. 19 (b) EA: "Each party to an oral contract for a period not exceeding one month shall, on the termination of such contract, be conclusively presumed to have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless-
                                                        (b) the contract has been terminated by payment in lieu of notice".

                                                        In the legislation reviewed, no information has been found with regards to written contracts.

                                                      Notification to the public administration: No

                                                      Remarks:
                                                      • Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal)

                                                      Notification to workers' representatives: No

                                                      Remarks:
                                                      • Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal)

                                                      Approval by public administration or judicial bodies: No

                                                      Approval by workers' representatives: No

                                                      Notes / Remarks
                                                      - This section deals with individual terminations of oral contracts.
                                                      Termination of written contracts is regulated by sec. 36 EA 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 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.
                                                      (2) Where owing to sickness or accident an employee is unable to fulfill 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.
                                                      (4) 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. "

                                                      No further information is given as to termination of a written contract.
                                                      - Individual terminations for reason of redundancy are dealt with under the section on collective dismissals.