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> GOVERNANCE - home > Employment protection legislation database - EPLex

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


Algeria - 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):
- 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.

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

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

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

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

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

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

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

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

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)

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

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 %

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

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 %

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".

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

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

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

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

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

Tunisia - 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):
- 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).

Reinstatement available: No

Preliminary mandatory conciliation: Yes

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

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)

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