ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us français | español
> GOVERNANCE - home > Employment protection legislation database - EPLex

Procedural requirements for individual dismissals


Antigua and Barbuda - 2018    

+ show references

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

Remarks:
  • The LC does not specify whether the employer's notice of termination shall be written or not (see. sec. C9 LC).
    The employer is however required to furnish a written statement indicating the precise reason for the termination, upon a request by the employee within seven days of termination or notice thereof (sec. C10 LC as amended by sec. 8 LCA).

Notice period:
Remarks:
  • See sec. C9(3) LC.
    - The period of said advance notice shall be at least equivalent to the interval of time between the affected employee's paydays. It shall not exceed 30 days unless a longer notice period is stipulated in an employment contract.
    - With respect to an employee serving a probation period, an employer must give at least 24 hours advance notice of his intention to terminate that person's employment.
    • tenure ≥ 6 months
      • monthly paid workers - 30 day(s).
    • tenure ≥ 9 months
      • monthly paid workers - 30 day(s).
    • tenure ≥ 2 years
      • monthly paid workers - 30 day(s).
    • tenure ≥ 4 years
      • monthly paid workers - 30 day(s).
    • tenure ≥ 5 years
      • monthly paid workers - 30 day(s).
    • tenure ≥ 10 years
      • monthly paid workers - 30 day(s).
    • tenure ≥ 20 years
      • monthly paid workers - 30 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • See sec. C9(4) 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

    Argentina - 2018    

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 235 LCL.

    Notice period:
    Remarks:
    • Art. 231 (b) LCL: establishes various statutory notice periods

      According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.

      Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

      Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
      In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
      • 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
        • 2 month(s).
      • tenure ≥ 10 years
        • 2 month(s).
      • tenure ≥ 20 years
        • 2 month(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 232 LCL.

      Notification to the public administration: No

      Remarks:
      • Decree 1043/2018 ( 12/11/2018) establishes the following temporary provisions:
        ARTÍCULO 6°.- Establécese, hasta el 31 de marzo de 2019, un procedimiento por el cual los empleadores, antes de disponer despidos sin justa causa de trabajadores con contratos de trabajo por tiempo indeterminado, deberán comunicar la decisión al MINISTERIO DE PRODUCCIÓN Y TRABAJO con una anticipación no menor a DIEZ (10) días hábiles previo a hacerla efectiva.
        ARTÍCULO 7°.- El MINISTERIO DE PRODUCCIÓN Y TRABAJO, de oficio o a petición de parte, podrá convocar al empleador y al trabajador junto con la asistencia gremial pertinente, a fin de celebrar durante el plazo fijado en el artículo 6° del presente, las audiencias que estime necesarias para considerar las condiciones en que se llevará a cabo la futura extinción laboral.
        ARTÍCULO 8°.- El incumplimiento de lo establecido en el presente capítulo dará lugar a la aplicación de las sanciones previstas en el Anexo II de la Ley N° 25.212 y sus modificatorias.
        ARTÍCULO 9°.- Exceptúase del procedimiento establecido en el presente capítulo, al personal de la Industria de la Construcción, contratado en los términos de la Ley N° 22.250.
        Source: http://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/316286/norma.htm

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      Notes / Remarks
      The notice period requirements do not apply to dismissals for "just cause".
      The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

      Bolivia - 2017    

      + show references

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

      Notice period:
      Remarks:
      • Art. 12 of the LC provides for the following notice periods:

        1. Labour contract with workers (”obreros"):
        a.) 1 week of advance notice for contracts longer than one month;
        b.) 15 days of advance notice for contracts longer than six months;
        c.) 30 days of advance notice period for contracts longer than one year.

        2. Labour contracts with employees ("empleados") require a notice period of 90 days if the contract has been consecutively longer than 3 months.

        Note: the difference between “worker” and “employee” can be found in Article 2 of the Labour Code; the difference is based on the nature of the tasks for which they are contracted.

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 12 of the Labour Code

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        Brazil - 2019    

        + show references

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

        Notice period:
        Remarks:
        • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
          * eight days in advance if wages are paid weekly or at shorter intervals;
          * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.

          LEI Nº 12.506, DE 11 DE OUTUBRO DE 2011, Article 1o. Parágrafo único. "Ao aviso prévio previsto neste artigo serão acrescidos 3 (três) dias por ano de serviço prestado na mesma empresa, até o máximo de 60 (sessenta) dias, perfazendo um total de até 90 (noventa) dias."

          Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
          • tenure ≥ 6 months
            • dismissal without cause ("sem justo motivo") - 30 day(s).
          • tenure ≥ 9 months
            • dismissal without cause ("sem justo motivo") - 30 day(s).
          • tenure ≥ 2 years
            • dismissal without cause ("sem justo motivo") - 33 day(s).
          • tenure ≥ 4 years
            • dismissal without cause ("sem justo motivo") - 39 day(s).
          • tenure ≥ 5 years
            • dismissal without cause ("sem justo motivo") - 42 day(s).
          • tenure ≥ 10 years
            • dismissal without cause ("sem justo motivo") - 57 day(s).
          • tenure ≥ 20 years
            • dismissal without cause ("sem justo motivo") - 87 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

          Notification to the public administration: No

          Remarks:
          • No prior notification as such.
            (Art. 477 (1) was derogated by Law 13467, 2017)

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          Canada (Federal only) - 2012    

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Sec. 230(1)a) CLC.

          Notice period:
          Remarks:
          • Sec. 230 CLC: An employer who dismisses a worker who has worked continuously for at least three consecutive months is obliged to give the worker notice of termination in writing at least two weeks in advance, or to pay compensation in lieu of notice except when the employee is dismissed for just cause (summary dismissal) (sec. 230, CLC).
            • tenure ≥ 6 months
              • 2 week(s).
            • tenure ≥ 9 months
              • 2 week(s).
            • tenure ≥ 2 years
              • 2 week(s).
            • tenure ≥ 4 years
              • 2 week(s).
            • tenure ≥ 5 years
              • 2 week(s).
            • tenure ≥ 10 years
              • 2 week(s).
            • tenure ≥ 20 years
              • 2 week(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Sec. 230(1)b) CLC.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Remarks:
            • However, notification to the trade union is foreseen by sec. 230(2) CLC in one specific situation namely where an employee bound by a collective agreement and whose position becomes redundant is authorized to displace an employee with less seniority. In that case, the employer must give at least two weeks' notice in writing to the trade union and the employee whose position becomes redundant and post a copy of the notice in a conspicuous place within the industrial establishment in which the employee is employed. Alternately, the employer may, as a result of the redundancy of the position, terminate the employment provided that he or she gives two week's wages to the employee.

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            Chile - 2018    

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • See art. 161 and 162 LC.

            Notice period:
            Remarks:
            • - Dismissal without cause (desahucio) of persons in positions of trust, representatives or certain categories of domestic workers ("trabajador de casa particular") must be carried out in writing, 30 days in advance except if the employer pays the worker cash compensation equivalent to the last monthly remuneration earned. Copy of the notice shall be sent to the relevant labour inspectorate (art. 161 LC)
              - Dismissal based on the requirements of the undertaking: the worker must be given notice, copied to the relevant inspectorate, at least 30 days in advance (art. 162 LC).
              - If the employee is dismissed for conduct-related reasons as listed in art. 160 LC then notice must be sent promptly after the occurrence of the conduct.
              • tenure ≥ 6 months
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 9 months
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 2 years
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 4 years
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 5 years
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 10 years
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).
              • tenure ≥ 20 years
                • economic dismissal - 30 day(s).
                • dismissal without cause ("Desahucio") - 30 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • - Economic dismissal: art. 162 LC
                - Desahucio: art. 161 LC

              Notification to the public administration: Yes

              Remarks:
              • Notification to the Labour Inspectorate, at the time the worker receives the dismissal notice is required for any type of dismissal.
                * Conduct-based dismissal: art. 162
                * Dismissal based on the requirements of the undertaking: art. 162 LC.
                * Dismissal without cause in the cases established in article 161 (desahucio): art. 161 LC.

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Remarks:
              • However, judicial authorization is required when the employer intends to dismiss workers who benefit from the "fuero laboral" (art. 174 LC - see special protection)

              Approval by workers' representatives: No

              El Salvador - 2010    

              + show references

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

              Remarks:
              • Art. 55 LC: The dismissal must be communicated to the worker by the employer or by his/her representatives, otherwise it is considered null and void, except when a written letter of dismissal signed by the employer or his/her representatives is delivered to the employee.

                However, note art. 60. At the end of any contract, whatever the cause that motivated its termination, the employer must give written notice to the employee expressing: 1) starting and termination date of its work 2) type of work undertaken 3) last salary earned.
                If the worker demands so, it can also include: 4) description of the worker’s efficiency and behaviour 5) reason of termination of contract.
                Note that: it is not the official notification of the worker’s dismissal, it is rather a complementary document to the end of the contract.

              Pay in lieu of notice: No

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Remarks:
              • However, prior authorization from the competent jurisdictional authority is required for the dismissal of a worker covered by trade union immunity (art. 248 LC and 47 of the Constitution).

              Approval by workers' representatives: No

              Notes / Remarks
              There are no statutory notice periods to be observed in the event of dismissal.

              Honduras - 2012    

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 117 LC: The party which unilaterally terminate the employment contract must give the other party a written notice. However, if the contract was concluded orally, the notice of termination can also be delivered orally. In any cases, the notice must indicate the reason for terminating the employment contract.


              Notice period:
              Remarks:
              • According to art. 116 LC, either party can terminate an employment contract of indefinite duration provided that advance notice is given.
                The statutory notice period varies according to the worker's length of service, as follows:
                - 24 hours, if the length of service is less than 3 months;
                - 1 week if the length of service is between 3 and 6 months;
                - 2 weeks if the length of service is between 6 and 1 year;
                - 1 month if the length of service is between 1 and 2 years;
                - 2 months if the length of service is more than 2 years.
                • tenure ≥ 6 months
                  • 2 week(s).
                • tenure ≥ 9 months
                  • 2 week(s).
                • tenure ≥ 2 years
                  • 2 month(s).
                • tenure ≥ 4 years
                  • 2 month(s).
                • tenure ≥ 5 years
                  • 2 month(s).
                • tenure ≥ 10 years
                  • 2 month(s).
                • tenure ≥ 20 years
                  • 2 month(s).

                Pay in lieu of notice: Yes

                Remarks:
                • See arts. 116 and 118 LC.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Remarks:
                • Except in the event of a dismissal of a protected worker (pregnant women and members of the board of directors of a trade union) whose dismissal must be authorized by a labour judge and/or the labour inspector (see arts. 124, 144, 145, 516 LC).

                Approval by workers' representatives: No

                Mexico - 2010    

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 47 FLA: written notification with the effective date of the dismissal and the reasons for dismissal. If the worker refuses such notification, the employer shall inform the Board of Conciliation and Arbitration.
                  If the employer fails to observe this requirement, the dismissal can be considered unjustified.

                Notice period:
                Remarks:
                • No statutory minimum notice period.
                  • tenure ≥ 6 months
                    • 0 month(s).
                  • tenure ≥ 9 months
                    • 0 month(s).
                  • tenure ≥ 2 years
                    • 0 month(s).
                  • tenure ≥ 4 years
                    • 0 month(s).
                  • tenure ≥ 5 years
                    • 0 month(s).
                  • tenure ≥ 10 years
                    • 0 month(s).
                  • tenure ≥ 20 years
                    • 0 month(s).

                  Pay in lieu of notice: No

                  Notification to the public administration: No

                  Remarks:
                  • However, when the employee fails to accept the dismissal notification, the employer shall notify the Board of Conciliation and Arbitration (art. 47 FLA).

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  Panama - 2010    

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 214 LC.

                  Notice period:
                  Remarks:
                  • No statutory notice periods to be observed.

                    However, there is an exception for some specific categories of workers to which the "just cause" rule does not apply. Those workers can be dismissed without just cause provided that the employer gives 30 days' prior notice or pay the corresponding amount in addition to a payment amounting to compensation for unfair dismissal.
                    This rule applies to those workers with less than two years' uninterrupted service; domestic employees; permanent employees of small agricultural, fishing or manufacturing undertakings; seafarers serving on board vessels operating on international routes; apprentices; workers in retail sales establishments and in undertakings with five or fewer workers, except in the case of insurance establishments or real estate (art. 212 LC).

                    Pay in lieu of notice: No

                    Remarks:
                    • Except for those workers listed in art. 212 LC to which the "just cause" requirement does not apply.

                    Notification to the public administration: No

                    Remarks:
                    • Except for dismissals (individual and collective) on economic grounds: art. 215-216 LC Procedural requirements applicable to such dismissals are dealt with under the theme "Procedural requirements for collective dismissals for economic reasons".

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Remarks:
                    • Except for dismissals (individual and collective) on economic grounds: art. 216 LC Procedural requirements applicable to such dismissals are dealt with under the theme "Procedural requirements for collective dismissals for economic reasons".
                      For dismissals based on any other authorized ground, the employer has the option of applying to the labour courts for prior authorization to dismiss. Such judicial authorization is however not compulsory.

                    Approval by workers' representatives: No

                    Notes / Remarks
                    As a general rule, the employer is not required to observe statutory notice period under the Panamanian labour legislation.
                    Depending on the reasons for dismissal, before proceeding to dismissal, the employer has either the obligation to obtain authorization from the labour administration (in case of an economic dismissal) or the option of applying to the labour courts for prior authorization to dismiss when dismissal is based on any other authorized ground.

                    Peru - 2019    

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • Art. 32 LPCL

                    Notice period:
                    Remarks:
                    • See art. 31 LPCL:
                      - The employer must give the worker a reasonable period of written notice, of not less than six calendar days in case of misconduct, so that the worker can present a written defense to any charges brought against him or her.
                      - If the worker is guilty of flagrant serious misconduct where it would be unreasonable to require the employer to continue the employment relationship, no notice is required.
                      - In the event of allegations related to capacity of the worker or errors, the employer must give a notice of at least 30 days in order for the employee to prove his or her professional capacities and correct any error.
                      • tenure ≥ 6 months
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 9 months
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 2 years
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 4 years
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 5 years
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 10 years
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).
                      • tenure ≥ 20 years
                        • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
                        • dismissal based on worker's capacity - 30 day(s).

                      Pay in lieu of notice: No

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      Saint Lucia - 2011    

                      + show references

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

                      Remarks:
                      • The form of the notice of termination to be given to the employee is not specified in the CSA.

                      Notice period:
                      Remarks:
                      • In the event of a contract of employment for an indefinite period, which is any contract of more than twelve continuous weeks, the period of notice to be given by an employer to an employee shall be not less than (sec. 6(1) and 6(3) CSA):
                        - one week's notice, if the period of continuous employment is more than twelve weeks but less than two years;
                        - two weeks' notice, if the period of continuous employment is two years or more but less than five years;
                        - four weeks' notice, if the period of continuous employment is five years or more but less than ten years; and
                        - six weeks' notice, if the continuous period of employment is more than ten years.
                        • tenure ≥ 6 months
                          • 1 week(s).
                        • tenure ≥ 9 months
                          • 1 week(s).
                        • tenure ≥ 2 years
                          • 2 week(s).
                        • tenure ≥ 4 years
                          • 2 week(s).
                        • tenure ≥ 5 years
                          • 4 week(s).
                        • tenure ≥ 10 years
                          • 6 week(s).
                        • tenure ≥ 20 years
                          • 6 week(s).

                        Pay in lieu of notice: Yes

                        Remarks:
                        • Sec. 6(5) CSA.

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No

                        United States - 2017    

                        + show references

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

                        Remarks:
                        • As a general matter, there is no legislative requirement for notice of any kind when an employer dismisses an individual employee. Such notice requirements may be incorporated into a private contract of employment or a collective-bargaining agreement for employees represented by a union.

                        Notice period:
                        Remarks:
                        • There is no legislative requirement in regard to notice of termination for an individual employee, regardless the employee's tenure. However, collective-bargaining agreements and private employment contracts may contain such provisions.

                          Pay in lieu of notice: No

                          Notification to the public administration: No

                          Notification to workers' representatives: No

                          Approval by public administration or judicial bodies: No

                          Approval by workers' representatives: No

                          Venezuela, Bolivarian Republic of - 2011    

                          + show references

                          Notification to the worker to be dismissed: written

                          Remarks:
                          • The notification of the dismissal is always mandatory and shall be done in writing (art. 105 OLL).

                          Notice period:
                          Remarks:
                          • No notice period in necessary in cases of dismissal for just cause

                            Notice periods must be observed with respect to workers who do not enjoy employment stability under the OLL ( all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers) and dismissed without a just cause AND all workers dismissed for economic reasons:
                            For those employees, the notice period is established as follows:
                            * after one month's service, one week;
                            * after six months' service, two weeks;
                            * after one year's service, one month;
                            * after five years' service, two months; and
                            * after ten years' service, three months.

                            (art. 104 OLL and art. 36 OLLR)

                            HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector..
                            • tenure ≥ 6 months
                              • economic dismissal - 2 week(s).
                            • tenure ≥ 9 months
                              • economic dismissal - 2 week(s).
                            • tenure ≥ 2 years
                              • economic dismissal - 1 month(s).
                            • tenure ≥ 4 years
                              • economic dismissal - 1 month(s).
                            • tenure ≥ 5 years
                              • economic dismissal - 2 month(s).
                            • tenure ≥ 10 years
                              • economic dismissal - 3 month(s).
                            • tenure ≥ 20 years
                              • economic dismissal - 3 month(s).

                            Pay in lieu of notice: Yes

                            Remarks:
                            • 1) Workers who do not enjoy employment stability under the OLL and dismissed without a just cause or for economic reasons:
                              If the notice period requirement is not complied with by the employer, the employee should be paid a sum equivalent to the remuneration he or she would have received during the corresponding period (sec. 106, OLL).

                              2) Workers who enjoy employment stability (all workers covered by the OLL under a permanent contract with more than 3 months' service who are not managers):
                              Even though the notice period requirements do not apply to the dismissal those workers, if they are dismissed by way of unjustified dismissal (= for a reason other than a just cause), as part of the dismissal compensation package, in addition to compensation for unfair dismissal, they are entitled to compensation in lieu of notice. The employer can pay has the option either to pay it at the time of the dismissal or after the judge has declared the dismissal unjustified.
                              The amount of such compensation correspond to a "fictional notice period" which is higher that the notice period foreseen for workers not covered by job stability. It is established as follows (art. 125 OLL:
                              - 15 day's wages if the length of service is more than 1 month and less than 6 months;
                              - 30 days' wages if the length of service is between 6 and less than 1 year;
                              - 45 days' wages if the length of service is at least 1 years;
                              - 60 days' wages if the length of service is at least 2 years but not more than 10 years;
                              - 90 days' wages if the length of service is more than 10 years.
                              HOWEVER, the above mentioned rules do not apply to workers covered by the immunity decree (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunlity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector. Failure to do so will entail mandatory reinstatement. Thus, the option provided under the OLL to pay termination compensation in lieu of reinstatement (including the above-mentioned compensation in lieu of notice) is not available to the employer

                            Notification to the public administration: No

                            Remarks:
                            • Under the OLL, there is no general obligation to notify the labour administration prior to any dismissal.
                              However, any dismissal of a worker protected by job stability must be notified to the competent labour judge (Juez de Estabilidad Laboral) within five business days of the date of the dismissal, with an indication of the reasons. . (= post-dismissal notification to a judicial body)
                              In the absence of such notification, the dismissal will be deemed unjustified (art. 116 OLL).
                              The employer is not bound to observe such requirement when dismissing temporary, casual workers, managers and permanent employees with less than 3 months' service.

                              Notification to and authorization from the Labour Inspector is required for workers enjoying special protection (see art. 449 OLL on the general special protection against dismissal for trade union related activities (fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL).

                              HOWEVER, the above mentioned protection has been extended to a large number of workers by the so-called "Immunity Decrees" (Decree No. 7914 for the year 2011). These are: all workers covered by the Labour Code except managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage. Under the immunity decree, a worker can only be dismissed for a just cause previously approved by the Labour Inspector.

                            Notification to workers' representatives: No

                            Approval by public administration or judicial bodies: No

                            Remarks:
                            • Approval by the Labour Inspector is only mandatory in the event of a dismissal of a worker enjoying special protection. (see art. 449 OLL on the general special protection against dismissal for trade union related activities(fuero sindacal), on the categories of workers entitled to such protection see: art. 451, 356, 418, 452, 617 OLL, 356 OLL, 418 OLL, 452 OLL, 617 OLL; on special protection for pregnant women and women on maternity leave, see: art. 384, on special protection during the authorized period of suspension of the employment relationship, see art. 94 and 96 OLL)

                            Approval by workers' representatives: No

                            Notes / Remarks
                            This section reflects the provisions of the Organic Labour Law.
                            Under the OLL, the procedural requirements for individual dismissals depends on whether the dismissal is for a just cause or if it is unjustified and whether the workers enjoy job stability.

                            HOWEVER, in spite of those legal requirements provided in the OLL, the rules on dismissal have been substantially modified by so-called "Immunity Decrees" enacted at regular interval since 2002, the latest (as of 2011) dating 16 December 2010 (No. 7914) covering the period from 1 January 2011 to 31 December 2011.
                            Under those Decrees, prior accreditation of just cause by the labour inspectorate is required for any dismissal of any worker falling within the scope of of application of the decrees (= all workers in the private sector and all those covered within the scope of application of the Labour Code) Violation of this rule may be remedied through reinstatement, where requested.
                            Therefore, those workers covered by such employment stability, cannot be dismissed by way of unjustified dismissal but only for a just cause and the requirements described in this section are not applicable.
                            They would apply to workers not covered by the Decree, namely: Managers, workers with less than three months' seniority, employees in positions of trust, and workers who earn more than three times the minimum wage.