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

Comoros - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code [Note: the article number has changed in the new LC (former art.46 now art. 44), but its content has remained unchanged regarding compensation for unfair dismissal]

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy. [Note: the article number has changed in the new LC (former art.46 now art. 44), but its content has remained unchanged]

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code [Note: the article number has changed in the new LC (former art.46 now art. 44), but its content has remained unchanged regarding compensation for unfair dismissal]

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy. [Note: the article number has changed in the new LC (former art.46 now art. 44), but its content has remained unchanged]

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 46 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 46 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 49 of the Labour Code: before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach a fair amicable settlement including reinstatement.

    Articles 200 and 206 of the Labour Code: mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 46 and 192 of the Labour Code.

Existing arbitration: No