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

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


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Comoros - 2019    

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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