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> GOVERNANCE - home > Employment protection legislation database - EPLex

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


Afghanistan - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
The LC does not contain any provision on compensation for unfair dismissal.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; administrative body

Existing arbitration: No

Algeria - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Compensation for unfair disciplinary dismissal in lieu of reinstatement: at least 6 months' pay.
- In case of non-compliance with mandatory procedural requirements: the dismissal is void and the employer shall pay compensation which shall at least amount to back pay.
_____________________
- Indemnité pour licenciement disciplinaire abusif: si la réintégration du travailleur n'est pas possible (refus par l'une ou l'autre des parties), la compensation pécuniaire décidée par le juge ne
peut être inférieure à six mois de salaire, sans préjudice des dommages et intérêts éventuels.
- En cas de non-respect des exigences procédurales obligatoires : le licenciement est nul et l'employeur doit verser au travailleur une compensation pécuniaire qui ne peut être inférieure au salaire perçu
par le travailleur comme s’il avait continué à travailler.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Angola - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Disciplinary dismissals:
-Unfair disciplinary dismissal: compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 265 GLA
In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (arts. 229 GLA).
- If the disciplinary dismissal was based on prohibited grounds (see above - 'substantial requirements') or did not follow the required procedural rules (call for an interview, notice of dismissal), it will be declared null by the Court, and the employee will be reinstated. The employee must receive back pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
2) Economic dismissals:
- Individual dismissals:
In the event of an unfair individual economic dismissal (objectives reasons exist, but the the unfairness results from the following elements: refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, compensation in lieu of reinstatement shall amount to 50% of the monthly wages for each year of service. (arts. 237 and 263 GLA).
If the employer did not obtain the required authorizations (authorization for carrying out the dismissal, or authorization for dismissing workers who special protection), compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages. (arts. 237(4) and 265 GLA)
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA)
- Collective dismissals:
In the event a collective dismissal is declared unlawful (a just cause exist but the unlawfulness results from one the following elements: absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the worker shall be awarded compensation in lieu of reinstatement in addition to redundancy payment. Such compensation shall amount to 50% of the monthly wages for each year of service. (arts. 248 and 263 GLA)
If the reasons alleged by the employer for carrying out collective redundancies were proved non-existent, or if the employer did not observe the priority rules for dismissals when selecting the employees, compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 248(4) and 265 GLA).
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA).

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Antigua and Barbuda - 2018    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): administrative body

Existing arbitration: No

% of dismissals out of the total number of disputes: 46 %

Argentina - 2018    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
An employer who orders a worker's dismissal without good cause must pay the worker compensation equal to: one month's wages for every year of service and every fraction of a year greater than three months, taking as a basis for the calculation the highest monthly remuneration normally and regularly received during the last year or during the period for which the services were performed, whichever is less.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Armenia - 2018    

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Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
If the worker's reinstatement is impossible, the tribunal obliges the employer to pay the worker the average wages for the period of the "imposed non-work" since the date of the dismissal.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Length of procedure:

Australia - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Max. 26 weeks' salary or half the amount of the high income threshold [HIT]
(The HIT, which is indexed annually is currently $145,400 (July 2018) therefore the compensation cap is $72,700.)

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Austria - 2016    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Azerbaijan - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

% of dismissals out of the total number of disputes: 80 %

Bangladesh - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Length of procedure: 60 day(s) (statutory)

Notes / Remarks
Note that only workers who have been "discharged", "dismissed" or "retrenched" (i.e. workers who have been dismissed on grounds of incapacity, misconduct or redundancy) can seek redress for grievance related to dismissal in the courts.
Workers who have been "terminated" by simple notice (with no reason given) cannot challenge such termination in court unless they claim a breach of the requisite requirements (notice and severance pay) or allege that their termination was based on their trade union membership or activity (sec. 33(9) LA).

Belgium - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In case of "manifestly unreasonable" termination of employment, the employer shall grant a compensation to the worker of minimum 3 weeks and maximum 17 weeks of remuneration (Art. 9 of the national 2014 Collective labour agreement No. 109).

In addition, the worker might request another specific compensation in case the employer does not motivate the reasons for the dismissal.

Reinstatement available: No

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Burden of proof: worker

Bolivia - 2017    

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Compensation for unfair dismissal - free determination by court: No

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Botswana - 2018    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Sec. 24(3) of the Trade Disputes Act provides that where the Industrial Court orders reinstatement, any compensation ordered shall not exceed the actual pecuniary loss suffered by the employee as a result of wrongful dismissal.

Sec. 24(4) provides that in assessing the amount of compensation to be paid, the Court may consider:
(a) the actual and future loss likely to be suffered by the employee as a result of the wrongful dismissal;
(b) the age of the employee;
(c) the prospects of the employee in finding other equivalent employment;
(d) the circumstances of the dismissal;
(e) the acceptance or rejection by either the employer or the employee of any recommendations made by the Court for the reinstatement of the employee;
(f) any contravention of the terms of any collective agreement or of any law relating to employment by the employer or the employee; or
(g) the employer's ability to pay.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Brazil - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If a just cause is not recognized by the Court, the employee is entitled to compensation for dismissal without cause = 40% of the total amount deposited in the FGTS ("Fundo de Garantia por Tempo de Serviço". This amounts to: 40% x 8% x length of service (in months). This compensation for termination of employment is not payable until one year of employment has been completed.

-Workers under a fixed-term contract who are dismissed without cause are also entitled in addition to the above mentioned amount, to the payment of sum equal to half the remuneration to which he or she would have been entitled on the expiry of the contract.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Bulgaria - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unlawful dismissal shall amount to the employer's gross remuneration for the period of unemployment caused by the dismissal but not for more than 6 months.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Length of procedure: 3 month(s) (statutory)

Burkina Faso - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal (absence of valid ground): maximum 18 months' pay.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Cambodia - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Cameroon - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unfair dismissal: not more than 1 month's salary per year of service and not less than 3 months' salary.
In addition, failure to observe the procedural requirements gives rise to compensation of not more than 1 month's salary.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Canada (Federal only) - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In the event of unjust dismissal, the arbitrator may order the employer to pay compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): none

Existing arbitration: Yes

Notes / Remarks
This section covers complaints of and remedies for unjust dismissal which are regulated by the CLC and does not address civil remedies for wrongful dismissal.

Central African Republic - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Chile - 2018    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation = severance pay (30 pays/year of service with a maximum of 330 days) increased by:
- 30% if a dismissal based the requirements of the undertaking is declared unjustified, unfair or unlawful by the court.
- 50 % if the court rules unjustified termination of employment due to unforeseen circumstances or force majeure;
- 80% if a dismissal based on unduly conduct or serious breach of obligations set forth in the contract is declared unjustified
- 100% if the alleged reasons for dismissal are serious misconduct, acts or negligence seriously affecting the safety of the establishment and deliberate material damages (art. 160, 1), 5) 6) LC) and the court rules that there were no plausible grounds for dismissal.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

China - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Twice the rate of the severance pay

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Comoros - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Congo, Democratic Republic - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Dismissal with no valid reason: compensation is fixed by the court, but shall not exceed 36 months.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Cyprus - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Statutory compensation for unfair dismissal is calculated following the scheme of redundancy payment. It varies according to the length of service and is limited to 24 months.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: No

Czech Republic - 2010    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Côte d'Ivoire - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Denmark - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
For employees having worked for at least 12 months, compensation shall not exceed the salary of the employee corresponding to half of the period of notice; it may amount up to 3 months' salary for employees over 30 years of age, 4 months' salary for employees with at least 10 years of service; 6 months' salary for employees with at least 15 years of service.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Egypt - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Not less than two months' wage for each year of service.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

El Salvador - 2010    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) In case of unjustified dismissal (despido de facto) of a worker under a contract of indefinite duration, the employer has to pay a compensation of 30 days' basic wages per year of service or in proportion for any fraction thereof. However, this compensation shall not be less than 15 days' basic wages. No salary exceeding four times the minimum legal daily salary will be considered for the effects of calculating the compensation.
In addition, the employee is entitled to recieve back pay which shall accrue from the date of the complaint until the court decision. However it shall not exceed 35 days' wages (increased by max. 20 days if the case goes to appeal or cassation)


2) When a FTC worker is dismissed without just cause before the expiration of the contract, the employer has pay compensation which shall amount to the wages the worker would have been entitled to until the expiry of the FTC.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Estonia - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- In the event of an unlawful dismissal, if so requested by either party, the court or the labour dispute committee can terminate the employment contract as of the time when it would have been terminated in the event of the validity of the cancellation. In such cases, the employer shall pay 3 months' wages. This amount can however be modified by the court or the labour dispute committee, considering the circumstances of the dismissal and the interests of both parties.
- If the unlawful dismissal affects a pregnant woman or a woman entitled to maternity leave as well as an employee's representative, compensation in lieu of reinstatement shall be 6 months' wages. This amount can however be modified by the court or the committee.

When compensation is awarded, the employee can not claim the payment of loss wages from the date of the dismissal until the court's or the committee's decision.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; administrative body

Existing arbitration: No

Ethiopia - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
* Contract of an indefinite period:
180 times the daily pay (6 months' wages) and a sum equal to the remuneration for the appropriate notice period.
* Fixed-term contract:
A sum equal to the wages the worker would have earned until the lawful end of his contract provided it does not exceed 180 days' wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Length of procedure: 60 day(s) (statutory)

Finland - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
* Groundless termination of employment: min. 3 months' pay and max. 24 months' pay.

* Failure to observe the procedural requirements applicable to economic dismissal: max. 30 000 EUR.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

France - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Absence of serious and genuine cause:
The judge awards compensation which as a minimum shall amount to 6 months' wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Length of procedure: 10 month(s)

% of dismissals out of the total number of disputes: 70 %

Gabon - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unfair dismissal: free determination by the Court.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Georgia - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Germany - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation shall not exceed 12 months' wages.
2 exceptions:
- up to 15 month's wages for workers aged over 50 and with at least 15 years of service,
- up to 18 months for workers aged over 55 and with at least 20 years of service

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Length of procedure: 2.6 month(s)

% of dismissals out of the total number of disputes: 53.1 %

Ghana - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

% of dismissals out of the total number of disputes: 51.7 %

Greece - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If the dismissal constitutes an abuse of right: it will be declared null and void and the worker will be reinstated and receive back pay for the period between the dismissal and the court's decision. The worker can apply for the payment of severance pay in lieu of reinstatement.
- If the procedural requirements applicable to the dismissal of a worker under an contract of an indefinite duration are not observed (= severance pay, written notification), the dismissal is also considered null and void and the worker will be entitled to reinstatement + back pay. The employee can also claim the payment of severance pay in lieu of reinstatement.
- If the employee dismisses an employee in violation of the provision on special protection (i.e pregnant women, workers on annual leave, trade union officials), the dismissal will also be nullified by the Court.
- In the event of termination of a fixed-term contract without a serious reason, the employee will be entitled to compensation for the remaining period of the contract.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Honduras - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In the employer fails to prove the existence of one of the just causes listed in art. 112 LC, and reinstatement is not ordered by the judge, the employer will be liable to pay the employee compensation of an amount equivalent to the indemnity payable in the event of unjustified dismissal (auxilio de cesantía) which varies according to the employee's length of service, as follows (art. 120 LC):
- the length of service is between 3 and 6 months: 10 days of salary,
- from six months to one year of service: 20 days of salary,
- after one year of continuous services: one month's salary for each year of service, up to a maximum of 25 months' salary.
However, according to article 120A LC, the cap is reduced to 15 months' salary in micro-enterprises, which are defined as enterprises with a maximum of 10 employees.
In addition, the employer shall pay the back wages from the date of the dismissal until the decision of the labour judge is final.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Hungary - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation (in lieu of reinstatement): max. 12 months' pay

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court; administrative body

Existing arbitration: No

India - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Are there legal limits?: No

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Burden of proof: worker

Indonesia - 2019    

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Compensation for unfair dismissal - free determination by court: No

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Length of procedure: 50 day(s) (statutory)

Iran, Islamic Republic of - 2010    

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Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
No compensation in lieu of reinstatement: when the dismissal is unlawful, the worker shall be reinstated and the employer shall be ordered to pay his or her remuneration as of the date of his or her dismissal.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Italy - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Length of procedure: 23 month(s)

Japan - 2018    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unjustified dismissals are null and void. Consequently, if a dismissal is held to be unjustified, the employment relationship will always continue. The employee will only be entitled to receive his or her normal wages for the period between the dismissal and the reinstatement.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Jordan - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation following any dismissal which is arbitrary and violates the provisions of the LL shall be half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in the law (including the end of service termination).

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Length of procedure: 3 month(s) (statutory)

Kazakhstan - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts

Korea, Republic of - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Damages in lieu of reinstatement should not be less than the salary the worker would have earned if he had not been dismissed.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Kyrgyzstan - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation shall not be less than 12-month average wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Lesotho - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Luxembourg - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Macedonia, The Former Yugoslav Republic of - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Madagascar - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Malawi - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal shall not be less than:
- 1 week's pay for each year of service for a worker who has served for not more than 5 years;
- 2 weeks' pay for each year of service for a worker who has served for more than 5 and less than 10 years;
- 3 weeks' pay for each year of service for a worker who has served for more than 10 years and not more than 15 years;
- 1 month's pay for each year of service for a worker who has served for more than 15 years.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

% of dismissals out of the total number of disputes: 65 %

Malaysia - 2018    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Length of procedure: 30 day(s) (statutory)

Mexico - 2010    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 50 FLA. Compensation for unfair dismissal consists of the following:

- if the employment relationship is for a specified period of less than one year, an amount equal to the total amount of remuneration payable for one-half of the entire period of employment; if the employment relationship lasted for more than one year, six months' wages for the first year of service plus 20 days' wages for each additional year of service;

- if the employment relationship is for an unspecified period the compensation consists of 20 days' wages for each year of service

- in addition to the compensation referred to in the preceding clause, three months' wages plus the entire remuneration payable in respect of the period from the date of dismissal to the date on which the compensation is paid.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No

Moldova, Republic of - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for illegal dismissal includes:
1) Damages for the moral prejudice: fixed by the court but shall amount to at least to 1 month' pay.
Moreover, in lieu of reinstatement, additional compensation is due amounting at least to 3 months' pay.

2) Compensation for extra expenses (expert consultation, court costs...)
3) Not less than the the average pay for the period of absence to work

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Length of procedure: 40 day(s) (statutory)

Mongolia - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
No statutory compensation following unlawful dismissal: reinstatement is the only remedy provided in the LC.
Any reinstated employee will be entitled to back pay

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Montenegro - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In the event of unlawful or unjustified dismissal, the employee shall be entitled to a compensation of financial and non-financial damage in addition to reinstatement, as follows:
- Compensation for financial damages amounts to the lost wages and other income the employee would have received if she/he had been employed and the contributions for mandatory social insurance. Earnings realized by the employee based on the employment contract upon termination of employment shall be deducted by the aforementioned amount for mandatory social insurance.
- In addition, the Court may award compensation for non-pecuniary damages if its rules that dismissal resulted in violation of the employee's rights of personality, honour, reputation and dignity, the amount of which shall be freely determined by the Court.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Morocco - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1,5 months' pay per year of service but cannot exceed 36 months' pay.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Namibia - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Length of procedure: 12 month(s)

% of dismissals out of the total number of disputes: 70 %

Notes / Remarks
See: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

"The Committee notes the information contained in the Government's report received in October 2011 in reply to the 2009 direct request. The Government reports that 70 per cent of 3,100 registered labour disputes concerned termination of employment (unfair dismissals). Some of the disputes were successfully conciliated while others were referred to arbitration. Out of 86 appeals and reviews that were filed at the Labour Court, 70 were unfair dismissal claims. The Government further reports that the average time to examine the appeals is done in accordance with the Labour Court Rules and ranges between three to 12 months, or more depending on Court scheduling. The Committee notes that there were 3,089 terminations for economic or similar reasons between 1 April 2010 and 31 March 2011".

Netherlands - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

New Zealand - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court; administrative body

Existing arbitration: Yes

Niger - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Burden of proof: both

Nigeria - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Norway - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Are there legal limits?: No

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Panama - 2010    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In case of unfair dismissal or failure of notification if mandatory, the worker is entitled to receive from his or her employer compensation based on the following scale (sec. 225, LC) For periods of service prior to 2 April 1972:
* for less than one year's service, the equivalent of one week's wages for every three months of employment, and with a minimum amount of such compensation equivalent to one week's wages;
* for a period of service of between one and two years, the equivalent of one week's wages for every two months of employment;
* for more than two and not more than five years' service, three months' wages;
* for more than five and not more than ten years' service, four months' wages;
* for more than ten and not more than 15 years' service, five months' wages;
* for more than 15 and not more than 20 years' service, six months' wages; and
* for more than 20 years' service, seven months' wages.
This scale may not be applied on a graduated basis, i.e. the highest applicable level determines the amount to be paid.
For periods of service after 2 April 1972, the following scale is to be applied:
* for less than one year's service, the equivalent of one week's wages for every three months of employment (the minimum amount of such compensation to be the equivalent of one week's wages);
* for a period of service between one and two years, the equivalent of one week's wages for each two months of employment;
* for a period of service between two and ten years, the equivalent of wages for three additional weeks for each year of service; and
* for more than ten additional years of service, the equivalent of one additional week for each year of service.
This scale is applied on a graduated basis, the total length of service completed being distributed among the corresponding steps set out in the previous sub-items. In the case of service rendered in periods before and after 2 April 1972, the above-mentioned scales are to be applied separately.
In the case of employment commencing after the LC entered into force, compensation should be equivalent to three to four weeks of wages for each year worked in the ten first years; and each year after ten years should be compensated with the equivalent of one week's wages for each year. Such compensation should not be combined with any other scale. For the two instances cited in this sub-item, where a full year has not been completed, the corresponding proportion is due.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Peru - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Arbitrary dismissal (= a valid reason has not been given or cannot be legally substantiated): No right to be reinstated, the worker is only entitled to compensation, as follows:
- Ordinary compensation = 1.5 month's wages for each year of service up to a maximum of 12 months' wages.
- Compensation in micro enterprises: 10 days for each year of service up to a maximum of 90 days' wages.
- Compensation in small enterprises: 20 days' wages for each year of service up to a maximum of 120 days' wages.

2) Dismissal based on prohibited grounds :
The dismissal is null and the worker shall be reinstated but in complying with the decision he or she may opt for compensation, the amount of which is the same as compensation for arbitrary dismissal (see 1)).

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Philippines - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Dismissal without an authorized or just cause: Compensation in lieu of reinstatement is not a statutory remedy. The employee shall be entitled to reinstatement without loss of seniority rights and other privileges and full back wages, inclusive of allowances, and other benefits or their monetary equivalent computed from the time the compensation was not paid up to the time of actual reinstatement (art. 279 LC).

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): administrative body

Existing arbitration: Yes

Length of procedure: 20 day(s) (statutory)

Portugal - 2014    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- In the event of unlawful dismissal (failure to comply with the applicable procedural requirements, dismissal based on political, ideological, ethnic or religious reasons and if the reasons invoked are considered unlawful):
If the employee chooses compensation rather then reinstatement. The amount of such compensation shall be between 15 and 45 days of basic salary and seniority awards for each full year or fraction of year of service, depending of criterion such as: the level of the salary and the degree of unlawfulness of the dismissal but not less than 3 months' wages.
(The employee is also entitled to back pay from the date of the dismissal until the date of the court's final decision)

- In the event of minor procedural irregularities, the employee is only entitled to compensation in the amount of half of the above mentioned amounts (= 7.5 to 22.5 days for each year of service but not less than 1.5 months)

- In the case of an unlawful dismissal in enterprises with fewer than 10 workers or of a worker holding a managerial position, if the employer opposes the reinstatement and the Court accepts it, compensation in lieu of reinstatement is between 30 and 60 days of wages for each year of service but not less than 6 months' wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Romania - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
If the dismissal was not well-founded or illegal, the court must invalidate it and order the employer to pay an indemnity equal to the indexed, increased or updated wages and the other entitlements the employee would have otherwise benefited from.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Length of procedure: 10 day(s) (statutory)

Russian Federation - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Burden of proof: employer

Length of procedure:

Rwanda - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 30 LL establishes the following legal limits for the calculation of compensation for unfair dismissal:

- Workers with up to 10 years of service:
Not less than 3 months' salary and up to a maximum of 6 months' salary.

- Workers with over 10 years of service:
Not less than 3 months' salary and up to a maximum of 9 months' salary.

- Trade union and staff representatives (regardless of seniority) :
Not less than 3 months' salary and up to a maximum of 9 months' salary.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Saint Lucia - 2011    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Saudi Arabia - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Senegal - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Serbia - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Damages in lieu of reinstatement:
- max. 18 months' salary when the employee does not wish to be reinstated or
- max. 36 months upon request or the employer or when case the existing circumstances suggest that the continuation of labor relations is not possible.

Reinstatement available: Yes

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Length of procedure: 6 month(s) (statutory)

Singapore - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): administrative body

Existing arbitration: No

Notes / Remarks
Claims of unfair dismissal (without just cause) dealt with in this section are only available to the employee in the event of a summary dismissal dismissal (for misconduct).

In the event of any termination of the contract by the employer, the employee has the right to sue in the civil courts for breach of contract at common law.

Slovakia - 2012    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
For claims arising from an invalid termination", the law distinguishes between 2 situations depending on wether or not the employee has notified the employer that she or she insists on continuation of the employment:

1) Termination is invalid and the employee insists on keeping his/her employment: Compensation amounts to the average earnings from the day he/she announced to the employer that he/she insists on keeping employment, to such time for which the employer enables him/her to keep working, or until a court rules on termination of the employment relationship. If the overall time is more than 9 months, the court may award proportionate reduction for the period exceeding 9 months [New as of 1 Sept. 2011: previously 12 months].

2) Termination is invalid and the employee does not insist on keeping his/her job: the employment relationship is deemed to have been terminated by mutual agreement. If " the employment relationship was terminated in an invalid manner immediately or, within the probationary period, on the day when the employment relationship was due to terminate", the an employee is entitled to wage compensation in the amount of average monthly earnings for a two-month notice period".
No such compensation is due "an invalid notice was given, upon expiration of the period of notice".  new 

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Length of procedure: 14 month(s)

Slovenia - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Up to 18 monthly wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

South Africa - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation for unfair dismissals (unfair reasons or unfair procedure): not more than 12 months' wages calculated at the employee's rate of remuneration on the date of dismissal.

2) Compensation for automatically unfair dismissals (those based on prohibited grounds): not more than the equivalent of 24 months' wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Spain - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Sri Lanka - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Remedies under the TEWA:
- Any dismissal in contravention of the provision of the TEWA (=without prior approval of the Labour Commissioner or prior consent of the worker) is illegal, null and void and therefore entails reinstatement and payment of back wages. The TEWA also foresees the possibility for the worker whose employment has been terminated to receive "any other legal remedy".
-Under the TEWA, compensation in lieu of reinstatement is only payable in the event of termination by the employer resulting from the closure of any business, trade or industry in violation of the TEWA according to the following formula:
* 1 to 5 years of service: 2.5 months per year of service (max. compensation: 12.5 months)
* 6 to 14 years of service: 2 months per year of service (max. compensation: 30.5 months)
* 15 to 19 years of service: 1.5 months per year of service (max. compensation: 38 months)
* 20 to 24 years of service: 1 month per year of service (max. compensation: 40 months)
* 25 to 34 years of service: 0.5 month per year of service (max. compensation: 48 months)

2) Remedies under the IDA:
Any relief or redress may be granted by the Labour Tribunal including compensation in lieu of reinstatement freely determined by the Tribunal.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court; administrative body

Existing arbitration: Yes

Length of procedure: 2 month(s) (statutory)

Notes / Remarks
In the absence of requirement of valid grounds for dismissal, this section refers to the various remedies and procedures foreseen in the event of non compliance with the provisions on termination of the TEWA and the IDA which covers industrial disputes in general and includes termination aspects such as retrenchment and prohibited grounds for dismissal.

Sweden - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Dismissal is invalid:

Compensation for losses in respect of the period following the cessation of employment may not exceed 6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more."

2) Dismissal is invalid and the employer refuses to comply with the court decision: employment is terminated and damages shall amount to 6 months' pay for less than 6 years of service, 16 months' pay for less than 5 years of service, 24 months' pay for at least 5 years and less than 10 years, 32 months' pay for ten years of service or more.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Length of procedure: 6 month(s)

Switzerland - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Existing arbitration: Yes

Syrian Arab Republic - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Dismissal based on prohibited reasons:
If the court deems that reinstatement is impossible, unpractical or inappropriate, it shall order compensation equal to 2 months' wages for each year in service, provided that the total amount does not exceed 200 times the minimum wage.

2) Unfair disciplinary dismissal:
When the employer fails to prove that the worker committed any of the acts entailing summary dismissal referred to in art. 64, the worker is entitled to compensation equal to 2 months' wages for each year of service, provided that the total amount does not exceed 150 times the minimum wage.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Notes / Remarks
In June 2013, the minimum wage in Syria is around SYP 9765 (around 152 USD) [Source: Doing Business - World Bank]

Tajikistan - 2015    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Are there legal limits?: No

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Tanzania, United Republic of - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
-In case of unfair dismissal, the labour court or an arbitrator may order the employer to pay compensation to the worker of not less than twelve months' remuneration.
- Where an order of reinstatement or re-engagement is made by an arbitrator or court and the employer decides not to follow it, the employer shall pay compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Thailand - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): labour court; administrative body

Existing arbitration: No

Tunisia - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If the dismissal is not justified by a genuine and serious reason, compensation varies from one or two months' salary for each year of service, up to a maximum of three years' salary (art. 23bis LC).
The existence and the extent of the employee's losses are determined by the court, taking into account the worker's qualifications, his or her length of service in the firm, age, remuneration, family situation, the impact of dismissal on his or her retirement, compliance with the specified procedures and any special circumstances.
- If the dismissal is justified by a genuine and serious reason, but has been effected without observing the procedures prescribed by the law or by collective agreements, the dismissal is considered unfair (abusif"), but the amount of damages is limited to an amount between one and four months' salary (art. 23bis LC).
- The amount of damages for unfair termination of a contract of employment for a specified period corresponds to the payment due for the remaining contract period or for the remaining work left to perform (art. 24 LC).
______________
L'article 23bis du Code du travail dispose qu' "En cas de licenciement abusif, le préjudice donne lieu à des dommages-intérêts dont le montant varie entre le salaire d'un mois et celui de deux mois pour chaque année d'ancienneté dans l'entreprise sans que ces dommages-intérêts ne dépassent dans tous les cas le salaire de trois années. L'existence et l'étendue du préjudice résultant de ce licenciement sont appréciées par le juge compte tenu notamment de la qualification professionnelle du travailleur, de son ancienneté dans l'entreprise, de son âge, de son salaire, de sa situation familiale, de l'impact du dit licenciement sur ses droits à la retraite, du respect des procédures et des circonstances de fait. Toutefois, dans le cas où il s'avère que le licenciement a eu lieu pour une cause réelle et sérieuse mais sans respect des procédures légales ou conventionnelles, le montant des dommages- intérêts varie entre le salaire d'un mois et celui de quatre mois."

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: No

Turkey - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Termination not justified by a valid reason (employee falling within the scope of the job security provision (Art. 18 LA): reinstatement is the remedy, compensation shall be not less than 4 month's wages and not more than 8 month's wages if the employer does not respect the re-employment order and do not re-employ the dismissed employee (+ additional indemnity of up to 4 months for the period of time between notice of termination and the court ruling + severance pay);
- Abusive termination (abuse of the right to terminate with notice employees not covered by the job security provision): 3 times the wages of the notice period(max. 24 weeks for workers with more than 3 years' seniority);
- Discriminatory dismissal (violation of the general principle of equal treatment in terminating the employment relationship): compensation shall be up to 4 month's wages;
- Termination due to trade union membership or participation in trade union's activities: see Art. 25 Law No. 6356 on Trade Unions and Collective Agreements.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Length of procedure:

Turkmenistan - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 56 LC: The judge is free to decide on compensation for unfair dismissal, whose amount cannot be less than three-month wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Uganda - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal includes a basic compensation of 4 weeks' wages + additional compensation at the discretion of the labour officer which shall not be less than one month's wages and more than 3 months' wages (= minimum 2 months' wages and maximum 4 months' wages in total)

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court; administrative body

Existing arbitration: No

Notes / Remarks
Complaints of unfair dismissals are only available to employees who have employed for at least 13 weeks before the date of the dismissal (art. 71 EA)

United Arab Emirates - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Maximum 3 months' wages calculated on the basis of the worker's last wages.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Length of procedure: 1 year(s)

United Kingdom - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

United States - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Discriminatory dismissals complaints filed with the EEOC:
a) Discriminatory dismissals on account of race, color, national origin, sex (including pregnancy), religion, disability, or genetic information and age: back pay (in lieu of reinstatement or for the period from judgment until reinstatement), as well as attorney's fees and other costs. A two-year statute of limitations applies to the recovery of back pay.
b) Compensatory and punitive damages may be awarded by the Court in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy), religion, disability, or genetic information (but not age).
There are caps on the amount of compensatory and punitive damages a employee can recover which vary according to the size of the employer as follows:
* $50,000 for employers with 15-100 employees;
* $100,000 for employers with 101-200 employees;
* $200,000 for employers with 201-500 employees; and
* $300,000 for employers with more than 500 employees.

c) For age discrimination under the ADEA, the employee is entitled liquidated damages in an amount equal to lost wages in cases of "wilful violation" in addition to reinstatement and back pay.

2) Under the NRLA, available remedies for unlawful dismissal do not include compensation in lieu of reinstatement. Reinstatement is the ordinary remedy but it can be refused by the employee. The employee will always be entitled to back pay which accrues from the time of the discriminatory discharge until such time as the employer makes a valid offer of reinstatement but is reduced by any interim earnings of the worker on a quarterly basis.

3) No compensation in lieu of reinstatement under OSHA for retaliatory discharge. Available remedies only include reinstatement and back pay.
4) Under the FMLA, available remedies include liquidated damages equal to the amount of any compensation lost or denied in addition to reinstatement, back pay, and reasonable attorney's fees and other costs.
5) Under SOX, available remedies include reinstatement, back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney's fees.
6) Under The Jury System Improvements Act of 1978, available remedies for violations of this law include back pay and reinstatement as well as imposition of a civil penalty of up to $5,000 dollars on the employer and reasonable attorney fees.
7) Under the WARN, if the employer does not provide the requisite advance 60 days' notice, the employer must provide a day's wages for each day notice was not given.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

Competent court(s) / tribunal(s): ordinary courts; administrative body

Existing arbitration: Yes

Length of procedure: 120 day(s) (statutory)

Uzbekistan - 2019    

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Compensation for unfair dismissal - free determination by court: No

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Venezuela, Bolivarian Republic of - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Article 142 (c) OLL provides that “in case of termination of the working relationship, whatever the cause is, benefits will be calculated on the basis of 30 days per year of work or fraction over six months calculated by reference to the last salary”. However the application of this provision raises some difficulties in practice. Article 6 of the Immunity Decree No. 3.708 establishes that in case of unjustified dismissal the worker will be able to opt for reinstatement. Article 9 provides that the employers who does will be sanctioned on the basis of Article 531 (violation of worker’s immobility), Article 532 (disregard of a public worker’s order) or Article 538 (causes of arrest - including disregarding the obligation of reinstatement) OLL.

Reinstatement available: Yes

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Viet Nam - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation in lieu of reinstatement requested by the employee: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

2) Compensation in lieu of reinstatement requested by the employer: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages + an agreed additional amount of compensation.

3) Compensation, in addition to reinstatement: loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

Reinstatement available: Yes

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Yemen - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Max. 6 months' wages in the event of arbitrary dismissal.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

Existing arbitration: Yes

Length of procedure: 40 day(s) (statutory)

Zambia - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
When the competent labour officer decides that the circumstances of the case do not warrant summary dismissal, the employee so dismissed in entitled to "payment of severance benefits" of not less than 2 months basic pay for each completed year of service" (MWCEGO sec. 12(3) and MWCESO: sec. 11(3)).

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: No